Loading...
1992-07-20_Minutes 83-642 COMMON COUNCIL JULY 20, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of July, A.D. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors 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; 1. Totten, Commissioner of Management Services and Assistant Treasurer; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; M. Jamer, Director of Works; J. Brownell, Director of Recreation; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Mr. Robert Freill, Deacon at St. Joachims Roman Catholic Parish, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meetings of Common Council, held on July 6 and Wednesday, July 8, 1992, be approved. Question being taken, the motion was carried. The Mayor extended best wishes to 18-year old Natasha Hallett who is competing in the World Olympics in Barcelona, Spain; proclaimed July 19 to 25 to be Loyalist Days in the City of Saint John; and commented on NB Power's Residential Hot Water Savings Program involving a shower-head exchange offer. (Councillor Trites entered the meeting during the above remarks.) Mr. Brownell advised that Maritime Beverages Limited, due to the efforts of Sales Manager Chris Chapman, has agreed to purchase a van for the South End Community Centre, over a five-year period if the City initially makes the purchase and, having commented on the need and purpose for the van, introduced Mr. Chapman. The Mayor displayed a photograph of the van purchased by Maritime Beverages Limited for the Centre, and Mr. Chapman presented the van keys to the Mayor, noting that its purchase is part of Maritime Beverages Limited's ongoing support to the community. The Mayor advised that she has been requested to sit on the Urban Transportation Council of Canada, which will involve her attendance at two meetings a year, as well as to be the Atlantic Representative for the Arts and the Cities, the meetings for which she would like to have a City staff person accompany her. The Mayor asked Council's direction with regard to a request from the Mayor of Newport, Rhode Island, for the City of Saint John to consider twinning with Newport, as a Sister City. 83-643 COMMON COUNCIL JULY 20, 1992 On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the City of Saint John twin with Newport, Rhode Island, as a Sister City. Question being taken, the motion was carried. The Mayor advised that she would notify the Mayor of Newport of Council's above decision. The Mayor asked Council's direction with respect to a recommendation of the Constitutional package that there be three levels of government, namely, Federal, Provincial and Aboriginal, due to the concern of the Federation of Canadian Municipalities that there should be four levels of government, namely, Federal, Provincial, Municipal and Aboriginal. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that a letter be forwarded to the Provincial Government stating that the municipal government should be included as a level of government, and that a copy be forwarded to the Executive of the Cities of New Brunswick Association. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that two recommendations of the City Manager (which were considered in Committee of the Whole earlier this date), concerning appointments of the positions of Deputy Commissioner of Finance and Purchasing Agent, 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 respect to a proposed Zoning By-Law text amendment to add a new subsection 510(2)(c)(iii) to read: "(iii) notwithstanding subsection (ii) above, an office or parking area for a taxi business may be located at 24 Taylor Avenue (NBGIC Numbers 46276 and 412114).", to permit an office and parking area for a taxi business to be located on the site of the Daly's Convenience Store, 24 Taylor Avenue, notwithstanding that the site is located adjacent to an "R" Residential zone, as requested by 048793 N.B. Ltd. doing business as Regency Taxi, and that a letter was received from Casino Holdings Ltd. objecting to the proposed re-zoning, as well as a letter from North End Residents and Business Association Inc. expressing concern about parking and safety. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and three letters considered at the Committee's July 14 meeting at which the applicant and his solicitor were present and expressed agreement with the recommendation; and recommending that the City of Saint John Zoning By-Law be amended by adding a new subsection 510(2)(c)(iii) to read: "notwithstanding subsection (ii) above, an office or parking area for a taxi business may be located at 24 Taylor Avenue (NBGIC Numbers 46276 and 412114).". Mr. Reid Chedore, solicitor for the applicant, appeared in support of the proposed amendment, and expressed agreement with the recommendations of both the Planning Department and the Planning Advisory Committee. Mr. Chedore, having noted the presence in the Council Chamber of Company President Mr. Gale, explained that Regency Taxi, because of a lease situation, is able to move across from its Ricky's Shopping Centre location to Daly's Convenience Store to carry on its business, and 83-644 COMMON COUNCIL JULY 20, 1992 that the taxi operation is somewhat unique in that it has three remote standbys which means that not that many cabs would be specifically at the subject location, but rather they would be in remote areas, usually in shopping mall areas. Mr. Chedore confirmed the Mayor's understanding that Mr. Gale is the new owner of the Company, and advised that he is also the lessee of the Daly's Convenience Store location; and Mr. Gale, in response to the Mayor, commented on his efforts to provide uniforms and a benefit package for the drivers, as well as for a code of conduct in that he recognizes that taxi drivers are ambassadors of the City and have to start behaving that way. Councillor Landers asked if the safety aspect with respect to children has been addressed properly, to which Mr. Gale replied that he concurs with the recommendations related to how to direct the traffic and is more than glad to conform. Councillor M. Vincent asked if the concerns in the above-referenced letter from Casino Holdings Ltd. have been addressed, to which Mr. Bedford referred to the Taxi Inspector's comments in the submitted Planning report indicating no objection to the proposed use of the subject property; and it was noted that, with respect to the indication in the subject letter that a taxi office cannot front on a residential street, the issue of zoning is not addressed in the Taxi By-Law. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new subsection 510(2)(c)(iii) to read: "(iii) notwithstanding subsection (ii) above, an office or parking area for a taxi business may be located at 24 Taylor Avenue (NBGIC Numbers 46276 and 412114).", 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, by adding a new subsection 510(2)(c)(iii) to read: "(iii) notwithstanding subsection (ii) above, an office or parking area for a taxi business may be located at 24 Taylor Avenue (NBGIC Numbers 46276 and 412114).", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of the property at 710-712 Chapel Street (NBGIC Number 392951), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to place the property in a zoning classification in which the existing three-family dwelling is permitted, as requested by Judy MacDonald, and that no written objections were received in this regard, with a letter from the applicant having been received requesting that the proposed amendment be given three readings at this meeting in that her home is sold subject to verbal approval of a three-family dwelling on or before August 1, 1992 or her contract of purchase and sales will be null and void. 83-645 COMMON COUNCIL JULY 20, 1992 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its July 14 meeting at which no letters of objection were received and no one appeared either in favour of or against the application; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning the property at 710-712 Chapel Street (NBGIC Number 392951), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the number of dwelling units to a maximum of three. Mr. Eric Rose appeared in support of the above-proposed re-zoning; identified himself as Judy MacDonald's real estate agent; and explained that three readings are being requested at this meeting due to the request of the purchaser's lawyer that the offer be conditional upon the re-zoning change being enacted on or before August 1, 1992. Mr. Rose advised that, as the agreement of purchase and sale is also contingent upon Ms. MacDonald's purchase of another home into which she will move, if the sale of her residence does not come through at this point she would be left in quite a dire situation. On motion of Councillor Rogers 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 the property at 710-712 Chapel Street (NBGIC Number 392951), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers 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 the property at 710-712 Chapel Street (NBGIC Number 392951), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor McAlary Seconded by Councillor Rogers RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-281 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 710-712 Chapel Street (NBGIC 83-646 COMMON COUNCIL JULY 20, 1992 Number 392951), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning limit the number of dwelling units to a maximum of three. The by-law entitled, "By-Law Number C.P. 100-281 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. Notice had been given to Peter A. Martin General Contractors Ltd. to appear to show cause, if any, why the Common Council should not find the property at 485 Old Black River (NBGIC Number 55036826) to be unsightly. Consideration was given to a report from the City Manager advising that the owner of the above-mentioned property has been sent a number of notices outlining the problem, and staff has spoken with the owner on a number of occasions, and the owner has stated that he has nowhere to take the material which is stored on the site; also advising that the property is zoned "1-2" and, while it was purchased with the intention of constructing a building on the site, only a foundation was built and the site has been inactive since that time; stating that the property is in an unsightly condition; and recommending adoption of the submitted resolution in this regard. Mr. Johnson, in view of the inadvertent omission from the Council kits of photographs of the subject property, circulated photographs for Council's perusal, noting that they depict a variety of pieces of junk material, most of which are the remnants of a building that was to be placed on the site, as well as some wood blocking and a large tank; advised that it is these elements that are unsightly, and requested that Council adopt the submitted resolution. (Councillor Coughlan withdrew from the meeting during the above remarks.) No person was present to speak in opposition to or in support of the proposed resolution. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that the following resolution be adopted, namely:- "WHEREAS the property at 485 Old Black River Road (NBGIC Number 55036826) in the City of Saint John, New Brunswick, is in an unsightly condition because of a steel storage tank, a junked truck frame, a trailer load of steel, an amount of sheet metal, and wood blocking being upon the property; AND WHEREAS Peter A. Martin General Contractors Ltd. is the registered owner of the aforesaid property at 485 Old Black River Road: BE IT RESOLVED that Peter A. Martin General Contractors Ltd. is hereby required to remedy the unsightly condition by removing from this property all bodies or parts of vehicles or machinery and the junk, rubbish or refuse on the property within twenty (20) days after a notice by the Building Inspector of the City of Saint John is 83-647 COMMON COUNCIL JULY 20, 1992 served upon it: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve Notice on Peter A. Martin General Contractors Ltd. requiring it to remedy the unsightly condition by removing from the property all bodies or parts of vehicles or machinery and the junk, rubbish or refuse on the property within twenty (20) days after service of the Notice: BE IT FURTHER RESOLVED that the Building Inspector and such City of Saint John employees as he may require are hereby authorized to enter upon the property to remedy the unsightly condition in the event that Peter A. Martin General Contractors Ltd. does not comply with the Notice referred to herein: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the City incurs in remedying the unsightly condition in the event that Peter A. Martin General Contractors Ltd. does not comply with the Notice referred to herein.". Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Fundy SWAT regarding its Home Composting Program which it is in the process of setting up at the Children's Farm in Rockwood Park; and recommending that the City give Fundy SWAT $250 toward the cost of permanent signage for the Home Composting Demonstration site -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Leo Mulholland advising of his retirement from the Santa Claus Parade Committee; advising that she has written to Mr. Mulholland and to Mr. Devenne thanking them both for their many years of work on the Committee; and thanking Deputy Mayor McAlary for offering to chair the Committee -- be received and filed and Council express appreciation to Messrs. Mulholland and Devene for their service to the City, and to Deputy Mayor McAlary for offering to chair the Committee. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Saint John's M.P. The Honourable Gerald Merrithew advising of the $6.5 million renovation project for the Rifle Range Veterans housing development; and advising that she has forwarded a thank you letter to Mr. Merrithew in this regard; and the letter from Deputy Mayor McAlary referring to the July 6 request to Council for support of efforts to obtain help in improving the deteriorating condition of the Rifle Range Veterans housing development, and to the announcement by The Honourable Gerald Merrithew, Minister of Veterans Affairs, of a $6.5 million renovation project for this development -- be received and filed. Question being taken, the motion was carried. 83-648 COMMON COUNCIL JULY 20, 1992 On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention by residents and businessmen that they are having a difficult time with some of what would appear to be restrictive planning policies at City Hall; expressing the opinion that a top priority of Council should be to have the planning policies reviewed to see if there is some way they can be amended so as to encourage development, as well as businesses to locate, in the City; and requesting that this matter be referred to the City Manager for his immediate consideration -- be referred to the City Manager. Question being taken, the motion was carried. Notice had been given to John Baird to appear to show cause, if any, why the Common Council should not find the property at 105 Jacks Road (NBGIC Number 284711) to be unsightly. Consideration was given to a report from the City Manager advising that the above-mentioned property has been the subject of enforcement actions in response to complaints from area residents, and the owner has not responded to a number of notices outlining the problem and requesting that the junked school bus be removed; stating that the junked school bus on the property is unsightly and should be removed; and recommending that Council adopt the submitted recommendation in this regard. Mr. Johnson, due to the inadvertent omission from the Council kits of photographs of the above-mentioned property, circulated photographs of the property which, he noted, do not show very much, although there is a junked school bus, which is windowless and derelict, on the property about which complaints have been received; advised that the owner has not complied with the notices; and recommended that Council adopt the submitted resolution in this regard. Mr. John Baird appeared before Council and, upon asking whether the photographs were taken from his or City property and having been shown the photographs, advised that the photographs were taken from his property in that the bus cannot be seen from the City property. The Mayor made the observation that the problem is that there have been complaints about the bus, and Mr. Baird, in confirming that the bus is not functional, stated that it was vandalized and it is not junk. In response to the Mayor, Mr. Baird advised that he plans to repair the bus, and asked what harm the bus is doing in its present location in that it cannot be seen from the City property. Mr. Johnson expressed the opinion that the bus is clearly a junked bus and that, while anything can be repaired, the question is whether or not Council is of the opinion it is reasonable to repair it; and Mr. Baird explained that he got stuck while having the bus on the property and, as he did not take it home that night, the vandals broke out all of the windows, and that he does have windows to put back in the bus; and also explained that he was injured in a car accident over a year and a half ago and has not been working full-time. Mr. Baird advised that, if he closes off the road from where the photographs were taken, nobody could see the bus in any event; and also advised that, if he closes off the road to his beach, people will not be able to use the beach and the bus will not be visible; however, if people want to use the beach, they will have to look at the bus on his property. Mr. Baird, responding to Councillor Coughlan, advised that he has received about forty complaints from the City in the last year and a half, although he does not open half the letters as the City sends him too many, and that he has not discussed this matter with City staff; and Councillor Coughlan asked for clarification on whether or not the bus can be seen from any property other than Mr. Baird's, to which Mr. Johnson replied that he cannot comment in that he, personally, has not seen the bus. During discussion, Mr. Baird advised that he would move the bus if it were called a vandalized, not a junked, bus; and the ownership of the property on which the bus is located was questioned on the basis of Mr. Baird's observation, upon viewing the map 83-649 COMMON COUNCIL JULY 20, 1992 submitted with the City Manager's report, that, while the map shows the road going behind the boat houses, that is not a City road. The Mayor asked Mr. Baird's intent with respect to the vandalized bus, to which Mr. Baird replied that he would move the bus further up the road into the woods. Deputy Mayor McAlary made the observation that Council is unaware of from whom complaints were received and Mr. Baird has indicated that the bus is on private property and does not seem to be bothering anybody except those who go through Mr. Baird's property to the beach; and proposed a motion, which was not seconded, to deny the City Manager's recommendation. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above matter be laid on the table and staff reassess the situation and report to Council. Mr. Johnson advised his intent to identify whether or not the bus can be seen from the street, and the Mayor suggested that it should also be determined whether or not the bus has been vandalized in that there is a difference between a vandalized bus which can be fixed and one that has been junked and from which parts can be taken off. Question being taken, the tabling motion was carried. Councillor Trites asked also for clarification in the above-requested report as to whether or not the road is private or public. (Councillor Rogers withdrew from the meeting.) On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that letter from Deputy Mayor McAlary advising that she is aware, from her community involvement, that there are several committees and/or groups in place in the community as a result of the Goals For Saint John; and expressing the opinion that Council should be made aware of what committees and/or groups have been established as a result of the Goals, and also be given an update on what has been accomplished by the Goals from the various departments that have been involved -- be referred to the City Manager. Councillor Knibb asked that the above motion be withdrawn on the basis of discussion in Committee of the Whole earlier this date during which time the Commissioner of Development Services explained the intent to proceed with the strategy for development and report to Council; therefore, to save staff time, Council should wait for this report which will identify the committees concerned. Deputy Mayor McAlary made the observation that the presentation in Committee of the Whole earlier this date comes under Social Development, which is the Human Development Council, which does not include all the committees set up as a result of the Goals For Saint John, and that her request is not for details of what the committees are doing, but rather the number of committees and the areas covered, and to whom they report. (Councillor Rogers re-entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Patrick Woods be appointed to the position of Deputy Commissioner of Finance and Assistant Treasurer, effective August 17, 1992, at a salary of $59,750, with a standard probationary period for management staff of one year and a requirement to take up residency in Saint John. 83-650 COMMON COUNCIL JULY 20, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, David Logan be appointed to the position of Purchasing Agent at a salary of $50,019, with a standard probationary period for management staff of one year. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-16, Douglas Avenue Reconstruction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated July 15, 1992 Final deficiency holdback. $429,381.00 440,435.88 Nil 439,438.88 1,000.00 70.00 $ 1,070.00 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Strescon Ltd. be accepted for the supply of precast concrete grade rings, for the period of August 1, 1992 until March 31, 1993, at the unit prices quoted as indicated in the City Manager's submitted report. Question being taken, the motion was carried. Councillor Rogers, on a point of order on the above appointment of a Purchasing Agent, expressed the opinion that Council members who did not interview the candidates should not vote on the appointment, to which Mr. Rodgers expressed the opinion that, in this particular case and this set of circumstances, no Councillors are disqualified from voting on the issue. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, contract 92-14, Mount Pleasant Avenue water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the bid price of $197,428.40, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb 83-651 COMMON COUNCIL JULY 20, 1992 Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 92-15, chipsealing 1992, be awarded to Atlantic Colas Limited, at the tendered price of $114,992.20, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager advising that, with regard to the Province's request for the City to tender for the demolition of the Provincially-owned dwelling at 155 Prince Edward Street, five bids were received and the Province has agreed to the price of the low tenderer, Paul's Trucking & Demolition Ltd.; and also advising that the City will be reimbursed for the cost of the demolition plus $300 for its costs. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Paul's Trucking & Demolition Ltd., in the amount of $5,136, be accepted for the demolition of the building at 155 Prince Edward Street (NBGIC Number 15677). Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the tender award for the demolition of buildings and removal of four underground tanks located on City-owned property at Raynes Avenue West was approved by the City Manager under his authority in the amount of $5,422, and that, as part of the tender, bidders were asked to quote a unit price for removal and replacement of contaminated soil, since there was no precise method to establish the quantity of contaminated soil; and also advising that a total of 130.5 tons of contaminated soil were removed and replaced with granular fill under the supervision of City staff, and the four underground tanks were also found to be considerably larger than the sizes registered with the Department of the Environment. The report submits a summary of the actual costs associated with this tender indicating a final cost of $17,495, and recommends a total payment to W & S General Contractors Ltd. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, a total payment of $17,495 be approved to W & S General Contractors Ltd. for the demolition of buildings, removal of four underground tanks, and removal and replacement of contaminated soil from the City-owned property at Raynes Avenue West. In response to Councillor Gould as to whether or not the City would recover the amount for the tank removal, Mr. Todd advised that, as this is a property which the City took back last year due to a default on a lease, the question of pursuing the lessee in this case is being discussed with the Legal Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that, further to the previous report to Council on May 27, 1991, staff, together with the Animal Rescue League, the local S.P.C.A. officer and several other individuals, prepared an information booklet for the use of pet shop owners, copies of which were distributed to each pet shop approximately 6 weeks ago, and also available in the Building Inspector's Office for review or distribution; and also advising that staff will, in conjunction with the local S.P.C.A. officer, continue to monitor the situation and 83-652 COMMON COUNCIL JULY 20, 1992 will report to Common Council if further action is necessary -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager submitting a request from the Cruise Ship "Meet and Greet" Committee for financial assistance of $5,000, an amount of $5,000 having been specifically addressed in the 1992 budget. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the Commissioner of Finance be given authority to disburse a grant of $5,000 to the Cruise Saint John Committee. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Mr. Theodore Guidry of 8 Ford Avenue has placed fill on a portion of his property and is unable to economically provide the compensating flood storage, and would like to take advantage of Common Council's policy in this regard for an amount of $165. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council adopt following resolution, namely:- "WHEREAS Mr. Theodore Guidry of 8 Ford Avenue (NBGIC Number 301051) has proposed to carry out a development for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $165 in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act.". Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Read a report from the City Manager advising that, further to Common Council resolution of July 6, 1992 approving the sale of the City's interest in the land on the northeastern corner of Pitt and Leinster Streets to Otnabog Management Corp., the Company has now advised that its proposed purchase of the building on the site has fallen through and it does not wish to buy the City's interest in the land. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council resolution of July 6, 1992, regarding the sale of the City's interest in land on the northeastern corner of Pitt and Leinster Streets to Otnabog Management Corp., be rescinded. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager regarding the Harbour and Wastewater Study which consists of two components, "A" which will identify the effect of pollution on sediments and marine life in the Harbour, as well as the sources of pollution and the contaminants of concern, and "B" which will develop a strategy which will establish a schedule and cost to collect and treat municipal wastewater in the City of Saint John; and commenting on the five reports to be generated by the Study -- be received and filed. Mr. Armstrong advised that the project involves engineering work and scientific investigation relative to pollution levels in the Harbour and the proposed 83-653 COMMON COUNCIL JULY 20, 1992 strategy that, hopefully, will be adopted in order to provide wastewater treatment, and advised that this very complicated work is proceeding minimally behind schedule, with costs to date appearing to be very much in line with the $675,000 estimated, and that the first significant production out of the report should be forthcoming in August; and also advised that the City's major concern will be the report generated as report two which will give the direction in which wastewater treatment should be moving, in that costs to implement this work would be in the $150 million range requiring cost-sharing programs with senior levels of government to implement in a time frame of as much as 10 to 12 years. The Mayor suggested that funding for the work should be a top priority for future consideration by The Honourable Gerald Merrithew, Saint John's MP, as well as the subject of a tri-level committee meeting in that, if other municipalities can receive funding, Saint John should also be able to do so. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that the Province and the City have met several times to discuss the various components of the consultant's report on the Loch Lomond watershed, as well as the proposed legislation for protection of the quality of the public water supply; and also advising that, while the Province has resolved a number of contentious issues, it is still continuing to study the problems associated with boating, swimming and fishing, and believes that all issues will be resolved within the process and that the designation of the Loch Lomond watershed will occur by the end of 1992 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the status report from the City Manager referring to the July 6 presentation by the Housing Working Group on the results of the Development Working Group forum held in November 1991, and to the proceedings from a public meeting sponsored by the Board of Trade concerning development issues, the latter which will be reviewed and action taken; advising that, with regard to the major issue of "one-stop shopping", which was raised by all three groups, the Development Working Group is meeting regularly to more clearly define such a process and it is expected that a recommendation will be forthcoming for Council and the public's consideration in the fall of this year; also advising that, with respect to a need for an interdepartmental and utilities committee to meet regularly to deal with development problems, such a committee does meet regularly and is chaired by Jim Baird, Manager of the Development Division in Community Planning; and recommending that a copy of this report be forwarded to the Construction Association, the Housing Working Group and the Board of Trade for information -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager regarding the Beverage Container Act, which was introduced by the Province on June 1, 1992 to help reduce the number of bottles, cans and other containers which litter or are disposed of in local landfill sites; submitting information, supplied by the Department of the Environment, that gives an overview of the program; and listing the Saint John redemption centres that are presently permitted by the Zoning By-Law -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb 83-654 COMMON COUNCIL JULY 20, 1992 Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising, further to Council's June 22 request, the arrangements in other municipalities with respect to town crier services; commenting on past arrangements in Saint John for a town crier on the basis that staff wishes to advertise for the services of a town crier, with the advertisement being directed toward, but not limited to, providing an opportunity for a student(s) and, based on the response, staff would set the City's expectations for this service at a meeting of interested parties; explaining that the intent of this approach would be to not only ensure that the service is available upon request but to increase the Town Crier's profile in the community during the summer months, and also to provide an opportunity to the more entrepreneurial students in the community; and recommending that City staff advertise for town crier services for 1993 in line with the contents of this report and that the City Manager include a total of $6,000 in the City's 1993 operating budget -- be received and filed and the recommendation adopted. The Mayor advised that most town criers are very mature and it is a twelve-month, rather than a summer, job; and during discussion Mr. Totten advised that a sum of $6,000 is proposed for an honorarium and any expenses incurred, with the costume to be the individual's responsibility, with the intent being to have a person on a fixed number of hours per week in the downtown core during the summer months, and beyond that the individual would be expected to be on call to meet the requests made by the City, and the City would also promote the idea of that individual providing a service to conventions that come to the City which would pay for the individual's services directly. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, further to the March 30 approval of a planning process to be conducted for policy and standards development for gravel pits and quarries in Saint John, two interest groups, the operators and residents, have been formed and are meeting on a regular basis to provide input required in the development of the strategy; submitting a letter from the Citizens' Study Committee - Pits and Quarries Strategy requesting that Council place a moratorium on the establishment of any new gravel pits and quarries until such time as new regulations, standards and policies resulting from the planning strategy are in place; explaining that the Legal Department is of the opinion that Council could not at this time prohibit the commencement of new pit and quarry operations in the event that those operations meet the conditions presently set out in the Zoning By-Law for the issuance of an excavation, and the operators involved in the planning process do not feel that a moratorium is necessary in that their participation in the planning process is an illustration that they are committed to resolving the issues surrounding pits and quarries and, as well, there is very little chance that a new pit or quarry will be established in this economic climate before the end of the year and the existing requirements of the Zoning By-Law are adequate in the interim; and recommending that no action be taken concerning a moratorium at this time -- be received and filed and the recommendation adopted. The Mayor referred to a letter, which she advised was received by her office from The Honourable Jane Barry on July 10 in response to a letter to the Department of the Environment requesting that the Province attempt to bring its standards for gravel pits and quarries to the same level as those of the City, and advised that the Minister has indicated that her staff is in the process of developing similar guidelines for pits and quarries on all private lands within the Province and the guidelines will be developed in consultation with several departments, including the Department of Natural Resources and Energy, and has offered the assistance of her Department to City staff in the process of developing such a policy. Councillor Landers advised her intent to oppose the above motion on the basis that the City cannot work too quickly to rectify the situation and, if persons are to be encouraged to reside in the City, Council must be sympathetic to home owners who invest all funds in their homes and properties, and try to make the City a better place to live. 83-655 COMMON COUNCIL JULY 20, 1992 Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the City Manager referring to the submitted letter to Council from Thirty-Five Charlotte Street Ltd., requesting permission to construct a covered canopy to the side entrance to the City Market; and advising that Mr. John Kimball, President of Thirty-Five Charlotte Street, is looking forward to the anticipated report to Council in this regard on August 4 -- be received and filed. The Mayor, in noting that construction is now underway, asked if Council could adopt a motion agreeing to the canopy subject to staff working out the details, to which Mr. Bedford replied that some of the details might involve Council's approval because of the status of the land over which the canopy would extend, and staff is not aware of all of the ramifications of running a canopy from a private building to the Market and across North Market Street; however the concept is considered exciting and staff is interested in finding ways to implement it. With respect to the timing, Mr. Bedford advised that Mr. Kimball did not object or raise any issue with an August 4 reporting date to Council and, although undoubtedly a much earlier approval would have been preferred, the approval process started only in mid-June and staff is working to expedite the process. Deputy Mayor McAlary, in advising the project has had the approval of both the Uptown Saint John Inc. facade program and The Market Square Corporation, asked why the matter is before Council, to which Mr. Todd replied that the Corporation handled the matter to a point and turned it over to the City for further review, and that this review is being carried out with the Building Inspector and the Works Department to ensure that there are proper clearances for equipment and that sort of thing, and that there a question of ownership and maintenance once the canopy is installed that has to be worked out with Mr. Kimball. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, with regard to the February 17 presentation regarding the future of Black Beach in West Saint John, a "park" zoning, as requested for this area, may not necessarily address the concerns raised since it provides for a range of uses from conservation areas, passive areas, playground areas, as well as commercial recreation uses and one-family houses, and that government ownership of the lands in question and an agreed-upon management plan by all parties involved should be more than sufficient to protect the area, and the group interested in preserving Black Beach has made its wishes known to the owners of the property and is working with those agencies to achieve its goal; also advising that Black Beach has been identified as part of the Community Recreation and Open Space Strategy, the final report on which is expected this year; and recommending that (1) Council support the citizens and the negotiations with the Provincial and Federal Governments at this time; and (2) staff report back to Council with respect to the future of this area in accordance with the Community Recreation and Open Space Strategy currently under preparation -- be received and filed and the recommendations adopted. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, in accordance with Common Council resolution of July 6, 1992, the City has acquired title to the lands on the west side of the City as described in a deed from 169147 Canada Inc., dated June 14, 1992 and registered in the Saint John County Registry Office on July 14, 1992 in book 1586 at page 518 as no. 379579; and recommending adoption of the submitted resolution should Common Council wish to proceed with opening up to public use that street which was stopped up and closed. 83-656 COMMON COUNCIL JULY 20, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City of Saint John is the owner in fee simple of: All that certain lot, piece or parcel of land situate lying and being on western side of the Harbour in the City of Saint John in the County of Saint John and Province of New Brunswick more particularly described as that block of land bounded on the northwest by Minnette Street; on the northeast by Albert Street; on the southeast by St. James Street and on the southwest by Victoria Street saving and excepting thereout and therefrom Corporation lots numbered 1074, 1079, 1080, 1081, 1105 and 1106: AND WHEREAS there is a 'traveled road' through and upon the aforesaid lands as shown on a plan filed in the aforesaid Registry Office on March 28, 1953 as File 23 # 212. A photo-reduced copy of the said plan is attached hereto as Schedule 'A': AND WHEREAS the said 'traveled road' is open to use by the general public as a roadway: BE IT RESOLVED that the aforesaid 'traveled road' is a public street open to use by the general public and shall be for all purposes known by the name Blue Rock Street.". Question being taken, the motion was carried. 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 copy of the application of Daryl McLennan, concerning property at 9 Simpson Drive, have been completed, and the required waiting period for objections expired on July 8, 1992, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Daryl McLennan for a Municipal Plan amendment and re-zoning of property at 9 Simpson Drive be referred to the Planning Advisory Committee and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1992. Question being taken, the motion was carried. 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 copy of the application of David John McCormick, concerning property at 1288 Grandview Avenue, have been completed, and the required waiting period for objections expired on July 8, 1992, with written objections received from Eldon E. Dubee, Thomas P. McKinney, Margaret A. Dubee, Mary 1. McKinney, Annie J. Dubee, Amanda R. Dubee, Brenda G. McKinney, Michael McCormick and Cathy McCormick. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of David John McCormick for a Municipal Plan amendment and re-zoning of property at 1288 83-657 COMMON COUNCIL JULY 20, 1992 Grandview Avenue be referred to the Planning Advisory Committee and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1992. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting as he was not present for the July 6 public hearing with respect to the proposed re-zoning of property on Dever Road.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-282 A Law To Amend The By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land having a frontage of approximately 245 feet on Dever Road and an area of approximately 4.3 acres at 621 Dever Road, being a portion of NBGIC Number 36640, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act limiting the use of the property to a senior citizens' housing development. The by-law entitled, "By-Law Number C.P. 100-282 A Law To Amend The By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) 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 Thursday, May 28, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, in the event of any work stoppage, Council authorize that management/non-union personnel, employed in duties and activities other than those normally performed, be compensated at a rate of one and one-half times their regular salary for all time worked beyond forty (40) hours, and that the overtime will be kept to a minimum. July 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Landers Seconded by Councillor McAlary 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) 83-658 COMMON COUNCIL JULY 20, 1992 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 22, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That the Mayor and Common Clerk be authorized to execute the construction contract for the Saint John Regional Exhibition Centre with Meridian Construction Inc., such contract having been awarded by Council on May 4, 1992, subject to approval by the City Solicitor as to legality and form. July 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor A. Vincent expressed concern that there is no list of sub- contractors, although The Market Square Corporation advised Council verbally of who the sub-contractors are, and asked for assurance that, if the general contractor obtains lower prices from the sub-contractors than anticipated, the City will be credited with the monetary saving. Mr. Rodgers advised that this matter was examined and the subject contract is a stipulated-price, not a cost-plus, contract and, for that reason, does not fit the category referred to by Councillor A. Vincent in that the City does not enjoy any benefit, nor incur any risks that are different from the fixed-price contract negotiated. Question being taken, the motion was carried with Councillor A. Vincent 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 July 6, 1992, when there were present Mayor Wayne and Councillors Chase, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the Saint John Model Flying Club be given a license for a period of 2 years and 11 months to use a portion of the former Howes Lake dump under the following conditions:- (1) the license to be at a cost of $50 per year payable in advance; (2) the area involved to be a strip 70 feet x 350 feet and an attached area of 50 feet x 50 feet generally as shown on the submitted plan; (3) the license to include the right to use the land immediately surrounding the licensed area for parking; (4) an insurance policy to be provided in a form and substance acceptable to the City's Insurance Coordinator to protect the City from any claim caused as a result of the Club's use of the land; (5) the license may be terminated by the City on six months notice in writing with no refund of any portion of the rental; and (6) the Club is to control and maintain a record of Club members who have a key to the gate leading to the site. 83-659 COMMON COUNCIL JULY 20, 1992 2. That as recommended by the City Manager, C.N.R. be leased 1916 square feet of land at Spruce Lake to be used as a site for a radio tower for the period January 1, 1992 to December 31, 1994 at a rental of $100 for the 3-year period, with such rental to be paid on the signing of the lease. 3. That the Saint John Amateur Speedskating Club be charged a rental rate of $35 per hour for the Mark Lackie Atlantic Speedskating School to be held August 23 to 28, 1992; and further that, subject to review of the policy, the Saint John Figure Skating Club be charged a rental rate of $65 per hour for 25 hours of off-season ice time for this season. 4. That Common Council resolution of July 6, 1992, granting the request of the Nominating Committee of the Organizing Group for First Night Saint John for the appointment of Cultural Affairs Bernie Cormier to the Board, be amended to indicate that Council supports Mr. Cormier's appointment to the Board as a volunteer. July 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. (Rescinded November 2, 1992 Bk. 83 Pg. 820 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that section 3 of the above report be adopted. The Mayor noted the presence in the Council Chamber of representatives of the Saint John Figure Skating Club and, noting the Club's letter on the agenda of this meeting requesting, if need be, to address Council, expressed the understanding that there is no need to do so in view of the above recommendation. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. The Mayor confirmed that Mr. Cormier has accepted sitting on the Board as a volunteer. Question being taken, the motion was carried. 83-660 COMMON COUNCIL JULY 20, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Colleen Donahue, Vice-President of the Saint John Figure Skating Club, expressing the understanding that the Club's request for a reduced ice rental rate was considered in Committee of the Whole on July 6; and requesting, if need be, to address Common Council when the issue is considered in open session -- be received and filed. 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 July 13, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Knibb, Landers, McAlary, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the following general adjustments to salary scales: a. for administrative non-union personnel - effective January 1, 1992 - 3% - effective January 1, 1993 - 2.5% b. for management staff - effective January 1, 1992 - 3% - effective January 1, 1993 - 2.5%. 2. That as recommended by the City Manager, Common Council approve: (a) Human Resources Policy #812 (POL) regarding future eligibility for service pay, management/professional staff; and (b) Human Resources Policy #131 (POL) regarding future eligibility for service pay, administrative non-union employees. 3. That as recommended by the City Manager, the City of Saint John advise the Province of New Brunswick that it is prepared to accept the responsibility for light fixtures at the intersection of Westfield Road and Martinon cutoff, and that the City be consulted prior to any future proposed changes so it can make its concerns known to the Province. July 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. 83-661 COMMON COUNCIL JULY 20, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Francis DeGrace, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, advising that, in response to Common Council resolution of May 4 with respect to the concern of the Martinon Citizens Group about petroleum in wells in the area, she has used her power under the Clean Environment Act and issued an Order requiring the investigation of the sources of contamination and, once complete, she will consider whether an Order requiring rehabilitation is necessary based on the findings; also advising that, since the April 21 public meeting at the KBM Hall, the River Road Co-Op has provided temporary water to all affected residents in the form of bottled water for drinking and filtration devices for the water used for bath and laundry, and that a monthly water testing program has been put in place to monitor the water quality during the period of these temporary measures; and concluding that the Department will continue to be involved in the resolution of this problem and ensure that the solutions are satisfactory in both the short and long term for all involved -- be received and filed and the Minister be thanked for keeping the City updated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Douglas C. Baxter suggesting that the City put speed bumps on Eldersley Avenue and/or flashing lights at the corner of Eldersley Avenue and Latimore Lake Road -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the New Brunswick Chapter of the Canadian Criminal Justice Association expressing support of the position of the Elizabeth Fry Society of Saint John for the establishment in Saint John of a residential correctional facility for women -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Champlain Heights Home and School Association submitting, as requested at a meeting with City staff on April 9, the 83-662 COMMON COUNCIL JULY 20, 1992 results of a survey concerning the pedestrian way from Muriel Avenue to Champlain Drive, including the streets from Loch Lomond Road to Creighton Avenue, which indicate that the majority of residents surveyed deem it very necessary to have a sidewalk constructed on the entire length of Champlain Drive on the west side of the street; and advising that, with the completion of the survey, the Association anticipates the immediate commencement of the work that Council approved at its May 4, 1992 meeting, to be completed by September 1, 1992. Councillor Knibb expressed the understanding that the work will be done in 1993, rather than in 1992 as indicated in the above letter, to which Mr. Armstrong replied that there will possibly be an opportunity to do some portions of the sidewalk; although when funds were allocated in the capital budget, there was some confusion and debate as to exactly where was the best place to put some of this sidewalk and the community's input was wanted relative to the crosswalk and, now that this has come forward, an attempt will be made to evaluate exactly what portions of the sidewalk can be accommodated in the monies allocated and to review the cost to determine if Council's approval of further funding is necessary; however, the City certainly cannot fund a sidewalk the entire side of the street and an attempt will be made to deal with that in future capital budgets. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Champlain Heights Home and School Association submitting the results of a survey concerning the pedestrian way from Muriel Avenue to Champlain Drive -- be referred to the City Manager for review and recommendations to Council. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. With regard to the letter from the Saint John Naval Veterans Inc. (Main Brace) requesting the use of Lily Lake Pavilion at a nominal cost, the Mayor made the observation that the present policy indicates that the City does not allow the Pavilion's use at a nominal rate, although a service club may be able to assist the group, and called for a motion to receive and file the letter and to inform the group of the new policy. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Saint John Naval Veterans Inc. (Main Brace) requesting the use of the Lily Lake Pavilion, at a nominal cost, on November 20, 1992 to hold its Anniversary Banquet -- be received and filed and the group be advised of the City's new policy with respect to the Lily Lake Pavilion. Question being taken, the motion was carried with Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Uptown Saint John Inc. submitting a copy of the General Criteria for Sunday Shopping in Conjunction with Special Events that has been established by the Department of Municipalities, Culture and Housing, as well as a copy of the letter of approval and corresponding certificates from The Honourable Marcelle Mersereau, Minister of the Department, for Sunday openings on July 19 and August 9 in the Business Improvement Area of the City -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Trites 83-663 COMMON COUNCIL JULY 20, 1992 Seconded by Councillor M. Vincent RESOLVED that the letter from Marilyn I. Williams requesting that a stop sign be placed at an intersection in Martinon at the corner of Highfield Avenue and Victoria Street/Stevens Road -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of The CCL Group for the re-zoning of 70 Leinster Street; the application of Manford M. Thompson Construction Company, Ltd. and Lloyd Cathline for the re-zoning of property on Sand Cove Road; and the application of Sandra A. Lendorf for the re-zoning of 86 Mecklenburg Street, 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 hearings to be held on August 31, 1992. Question being taken, the motion was carried. The Mayor asked that, further to Common Council resolution of July 6 concerning the presentation by Mr. Peter Martin on behalf of the residents of Debly Subdivision in Red Head, staff contact Mr. Martin to update him on the status of the matter, as it is her understanding that this has not been done to date; and noted the untidy appearance of the grass mowing along the Throughway, which Mr. Jamer advised must have been carried out by the Province as the Throughway is not the City's responsibility. (Councillors Landers and A. Vincent withdrew from the meeting during the above comments.) On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk