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1992-08-31_Minutes 83-704 COMMON COUNCIL AUGUST 31, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of August, AD. 1992, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites and A 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; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison; Director of Parks, S. Galbraith, Director of Supply & Services; W. D. Todd, Director of Housing and Property Management, R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; A Bodecheon, Assistant Deputy Chief of Police; G. Buchanan, Systems Manager; L. Graham, Supervisor, Data Processing; J. Baird, Manager - Development Division; C. Campbell, Manager- Policy Planning; J. Bezanson, Heritage Planner; Mrs. M. Munford, Common Clerk; and Ms. L. Linton, Secretary. Reverend Mel Norton of the First Wesleyan Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on August 17, 1992, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary noted that Mayor Wayne is in Boston, Massachusetts, meeting with Mayor Flynn and attending a Trade Show on behalf of the City of Saint John; expressed thanks for the honour of chairing her first meeting this evening; extended condolences to the friends and family of the late Everett Davis, a long-time member of Saint Mary's Band, the official band of the City; advised that on September 3 at 2 p.m. the Honourable Gerald Merrithew and Mayor Wayne invite all citizens to the official opening of the Rockwood Park Interpretation Centre at Lily Lake; that the City of Saint John in partnership with Uptown Saint John Inc. and Canada/New Brunswick Cooperation Agreement on Urban Economic Development is hosting a community form on September 11 and 12 for the purpose of building a VISION for the future development for uptown Saint John and encouraged all citizens to attend. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that a letter of condolence be forwarded to the family of the late Everett Davis. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that an item concerning the Tilley Square bandstand (which was considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 83-705 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from the Save Our Shores Committee requesting to meet with Council regarding Fundy Coastal land (which was considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Trites, Knibb, Vincent, Gould voting "nay". Councillor Rogers advised she feels this is depriving the public from information they should know and depriving the Committee to have the same opportunity the Irving Group has had. Deputy Mayor McAlary noted that the above- noted request from Save Our Shores Committee to meet with Council was considered in Committee of the Whole this date; and clarified that the Irving Group met in Committee of the Whole with information regarding their proposed lagoons for the east and west sides of the City before the public hearings, however, there was no information given at that time except that they were going to have a public meeting and that the Committee will be so advised. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 9 Simpson Drive (NBGIC Number 299297), from Low Density Residential to Light Industrial classification; and (b) re-zoning the same property from "R-1 B" One-Family Residential to "1-1" Light Industrial classification, to permit the continued use of the property as a storage yard for construction materials, and to permit the existing dwelling to be converted to an office, as requested by Daryl McLennan, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters of support and a petition in opposition considered at the Committee's July 20 meeting at which the applicant and his solicitor expressed agreement with the recommendation in the report and the Committee adopted Planning Department's recommendation with the additional requirement that the site plan be approved by the Development Officer; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to Light Industrial classification, a parcel of land located at 9 Simpson Drive (NBGIC Number 299297); and (2) the same property be re-zoned from "R-1 B" One-Family Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which provides as follows: (a) the use of the property shall be limited to a construction materials and equipment storage yard, together with accessory office and indoor storage uses; and (b) the property shall be maintained in accordance with a site plan to be approved by the Development Officer indicating the following: (i) location of buildings, structures and fencing; (ii) location and extent of parking and outdoor storage area; (iii) retention of existing landscaped area at the front and side of the property; and (iv) paved access driveway. Mr. Randy Hatfield, solicitor for the applicant, appeared in support of the proposed amendments, and expressed agreement with the recommendations of both the Planning Department and the Planning Advisory Committee. Councillor Landers expressed concern with light industrial zoning in a residential area and property values and the condition, not at the present time, but at some future time and asked how the matter could be addressed if that became a problem. Mr. Bedford advised that the property is being zoned specifically for the present use under section 39 with conditions to restrict the use to construction materials and storage yard together with accessory office and indoor storage use, and that is the only use being approved at this time, and any other use of the property will require an amendment approved by Council. 83-706 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law" by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 9 Simpson Drive (NBGIC Number 299297), from Low Density Residential to Light Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law" by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 9 Simpson Drive (NBGIC Number 299297) from Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law. On motion of Councillor 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 a parcel of land at 9 Simpson Drive (NBGIC Number 299297), from "R-1 B" One-Family Residential to "1-1" Light Industrial classification, subject to a resolution 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 a parcel of land at 9 Simpson Drive (NBGIC Number 299297) from "R-1 B" One-Family Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 83-707 COMMON COUNCIL AUGUST 31, 1992 The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 4.1 acres located at 1288 Grandview Avenue (NBGIC Numbers 338525 and 55082622), from Low Density Residential to District Centre Commercial classification; and (b) re-zoning the same property from "RS-2" One- and Two-Family Suburban Residential classification, to permit an existing building to be used as a repair garage, as requested by David John McCormick, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that one letter had been received in favour and eight letters objecting to the proposal, that a report had been prepared by staff to be considered at the Committee's August 25 meeting, however, the applicant submitted a letter requesting the application be withdrawn. Consideration was also given to a letter form David McCormick requesting to withdraw his application for a Municipal Plan amendment and re-zoning of the property located at 1288 Grandview Avenue; advising that if the commercial use of the garage is permitted, he would not be able to meet the building code regulations for the commercial business. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of David John McCormick for a Municipal Plan amendment and re-zoning of 1288 Grandview Avenue be withdrawn, as requested by the applicant. Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a lot located at 70 Leinster Street (N.B.G.I.C. Number 9118), from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, to permit the existing building to be used for a business office for a consulting company, as requested by the CCL Group, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's August 25 meeting at which Joel Levesque represented the applicant and addressed the concern of the adjacent property owner who expressed concerns about the potential of storm water drainage flowing onto his property and gave assurance that this would not happen and expressed agreement with the recommendations in the report; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning the property at 70 Leinster Street (NBGIC Number 9118), from "RM-1" Three- Storey Multiple Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions: (a) the use of this property be restricted to a professional office; (b) there be no external changes to the building other than a sign identifying the business; (c) that only one non-illuminated fascia sign be permitted with a maximum area of 0.2 sq. m and design approved by the Development Officer; (d) that four off-street parking spaces be provided in the rear of the property in a manner so that the drainage does not adversely affect adjacent properties as approved by the Development Officer; and (e) that a solid fence be erected along the east side of the property as illustrated on a site plan to be approved by the Development Officer. Mr. Joel Levesque appeared in support of the proposed amendment, and expressed agreement with the recommendations of both the Planning Department and the Planning Advisory Committee. 83-708 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a lot located at 70 Leinster Street (NBGIC Number 9118), from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, subject to a resolution pursuant to section 29 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a lot located at 70 Leinster Street (NBGIC Number 9118), from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, subject to a resolution pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting) The Common Clerk advised that the necessary advertising was completed with respect to (a) re-zoning an area of land known as 1018 Sand Cove Road (part of NBGIC Number 395566) from "RF" Rural" to "RS-2" One- and Two- Family Residential classification; and (b) re-zoning an area of land with an area of approximately 5.5 acres, located to the rear of 1018 Sand Cove Road (parts of NBGIC Numbers 395566 and 429738) from "RF" Rural and "R-1 B" One-Family Residential to "RM-1" Three Storey Multiple Residential classification, to permit the development of five lots fronting Sand Cove Road and a new street with approximately 30 one storey townhouse units to be accessed via Honeysuckle Drive in the Meadow Land subdivision, as requested by Manford M. Thompson Construction Company Ltd., and Lloyd Cathline, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendments. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and one letter objecting to the proposal considered at the Committee's August 25 meeting; advising that after hearing from the applicant, and two adjacent property owners, the Committee decided to table the item so that additional information could be provided with respect to the other townhouses in the area; recommending that following the public hearing, the matter be tabled until a recommendation is received from the Planning Advisory Committee. Consideration was also given to a letter from Stan and Daphne Wetmore concerning the rapid increase in housing in the Sand Cove Road area and the huge 83-709 COMMON COUNCIL AUGUST 31, 1992 increase in vehicular traffic going to the Irving Nature Park; addressing the need for a second access road to Sand Cove Road, the traffic volume and the dangerous intersections at Sand Cove Road, Bleury Street and Seawood Lane and at Kean Road, Fishermans Lane and Sand Cove Road; and requesting that Council consider an alternate access for the proposed Meadow Land Subdivision. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee the above-noted application be laid on the table pending a recommendation from the committee. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a lot located at 86 Mecklenburg Street (NBGIC Number 6395), from "RM-1" Three-Storey Multiple Residential to "11-1" Neighbourhood Institutional classification, to permit the existing building to be used as a special care home for nine people, as requested by Sandra A. Lendorf, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's August 25 meeting at which the applicant expressed agreement with the recommendation; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning the lot located at 86 Mecklenburg Street (NBGIC Number 6395), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province for up to nine residents. Sandra A. Lendorf, the applicant, appeared in support of the proposed amendment and expressed agreement with the recommendation of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a lot located at 86 Mecklenburg Street (NBGIC Number 6395), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a lot located at 86 Mecklenburg Street (NBGIC Number 6395), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. 83-710 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 555 Crown Street, with an area of approximately 50,000 sq ft (NBGIC Number 2139), from Medium Density Residential to Light Industrial classification, to permit the same property to be re-zoned to a Light Industrial zone which will permit an outside storage compound, as requested by the Eddy Group Limited. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, regarding the regulations for Sunday shopping - - be received and filed. Question being taken, the motion was carried with Councillor Vincent voting "nay". On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council approve the utilization of an amount up to $20,000 from the Land Subdivision Fund in order to complete the Tilley Square bandstand as per the drawings and specifications or in a manner satisfactory to the Building Inspector for public safety purposes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mayor Wayne submitting a letter she received from the Canadian Cultural Society of the Deaf requesting $100.00 for their Deaf Heritage book -- be received and filed and the request be denied. Councillor Knibb stated that he proposed the above motion in view of the information received by Council in Committee of the Whole earlier this date. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mayor Wayne advising that she toured the site of the Armed Forces of National Defence Exhibition site at the Atlantic National Exhibition; outlining the activities planned for the week and encouraging Council members and citizens of Saint John to visit the exhibit -- be received and filed. Question being taken, the motion was carried. 83-711 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0827FT Orientation Centre - Rockwood Park Pro-Woodworking Enterprises Ltd. Original contract amount Additional Work Total value Retention Payments previously approved Sum recommended for payment $259,294.18 41,455.26 300,749.44 Nil 259,855.34 $ 40,894.10 Responding to a query from Councillor Landers as to when repairs would be made to a retaining wall near the bridge, Mr. Robichaud advised that there are no plans for repairs in the 1992 capital program, however, it will be included in the 1993 capital program for Council's consideration and noted that public safety is not jeopardized. Responding to a question from Councillor Rogers with respect to change orders, Mr. Todd confirmed that they were requested by City staff and that the total amount of the project is being funded by ACOA. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-25 Prince William Street Galbraith Construction Ltd. Retaining wall construction Original contract amount Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 26/92 $115,580.00 108,507.50 Nil 107,907.50 600.00 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 92-19, Station Street - Phase I, underground utilities, be awarded to QM Construction Ltd., at the tendered price of $527,365.20, 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 92-16, Union Street water and sewer renewal, be awarded to Dean Construction Ltd., at the tendered price of $133.514.00, as calculated based 83-712 COMMON COUNCIL AUGUST 31, 1992 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 letter from the City Manager advising that computer aided dispatch is presently in full operation with respect to Fire and Rescue Operations and will soon be available to the Police Department; that it has been recognized that should the existing system become inoperable or be made inaccessible for any reason, a total shutdown of the CAD system will result and therefore, it is necessary to supplement the existing system with a fully functional line backup or redundant system; that whereas the present system was purchased from IBM Canada most of the hardware, software and expertise required to provide for a redundant system must be supplied by that organization, however, a review of the entire list of components revealed that a portion of the hardware, although manufactured by IBM, is available from other sources and that tenders were called for the supply of computer equipment, not required from IBM, while staff negotiated with IBM for the materials provided by them; that tenders were received from Computerland, Crowntek and IBM and upon review it was discovered that IBM bid only one item, which is available only from IBM Canada, therefore that item was removed from the tender and included with the sole source items; upon review it was decided by staff, and in accordance with the tender conditions, to reduce the number of workstations required from seven to five and to purchase the 19" color monitor instead of the 18" monitor; submitting a list of the sole source items negotiated with IBM Canada; noting that the negotiation process netted the City a substantial saving and a total of $22,223.00 in discounts and credits will be realized by the City upon completion; and recommending that for the purpose of continuity the tendered items all be awarded to one bidder and that the low tender from Crowntek in the amount of $40,749.00, plus tax, be accepted, and further that the balance of the hardware, software and expertise required to successfully complete this project be awarded to IBM in the amount of $100,132.00, plus tax. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Crowntek, in the amount of $40,749.00, plus tax, be accepted for the supply of computer equipment to upgrade the existing Computer Aided Dispatch system, and that the balance of the hardware, software and expertise required to successfully complete this project be awarded to IBM Canada in the amount of $100,132.00, plus tax. Responding to a query from Councillor Rogers in reference to chiefs software, Deputy Chief Tait advised that "Chiefs" is the name of the software his department purchased out of Cincinnati. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $12,000.00 be accepted as security to ensure the rehabilitation of the gravel pit located at 873 Hillcrest Road. Question being taken, the motion was carried. Read a report from the City Manager advising that the Uptown Strategy was approved at the March 2, 1992 meeting of Common Council and preparation continues as a priority activity in the 1992 work program of the Community Planning Department; that as indicated in step one of the process chart, staff of the Community Planning Department have written or made a presentation to approximately 40 groups and as a result a number of individuals have volunteered to serve on the Uptown 83-713 COMMON COUNCIL AUGUST 31, 1992 Strategy Working Group; that the Nominating Committee is bringing forward a recommendation to Council respecting membership on the Group; that the City of Saint John, in partnership with Uptown Saint John Inc. and the Canada/New Brunswick Cooperation Agreement on Urban Economic Development, is hosting a Community Forum September 11-12, 1992 for the purpose of building a VISION for the future development of Uptown Saint John which will be presented for Council's consideration. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the above report be received and filed. Question being taken, the motion was carried. Read a letter from the City Manager advising that staff has been asked to comment on a request to Council by the N.B. Anti Poverty Association asking for Council to support their opposition to any integration of the Provincial and Federal taxes which would result in the imposition of the Provincial sales tax on items now exempt; that the Saint John Board of Trade has publicly advocated an integrated system as a means of stemming the flow of cross border trade and also support harmonization in the interest of administrative simplicity for the business community and a potentially lower combined rate for all consumers; that in practical terms the City should support any program of tax reform that will lower the administrative costs of compliance and/or reduce the net tax burden on the municipality, business community and individuals which will translate into increased profits for businesses which can lead to more investments and in turn greater employment opportunities; that it is premature to assume that the Province of New Brunswick and Government of Canada will move to integrate their tax systems in the foreseeable future and it would be equally speculative to assume that either level of government would move to tax now exempt goods without some form of allowance for low income persons; and recommending that Common Council inform the Province of New Brunswick that any consideration of harmonizing the Provincial tax with the Federal Goods and Services Tax system be undertaken only after a system has been devised that will meet the needs of low income persons. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council inform the Province of New Brunswick that any consideration of harmonizing the Provincial tax with the Federal Goods and Services Tax system be undertaken only after a system has been devised that will meet the needs of low income persons. Responding to a query from the Deputy Mayor as to whether the Green Paper from the Province of New Brunswick Finance Department was taken into consideration at the time the report was written, Mr. Wilson advised with respect to tax the Green Paper is taking the position that harmonization would be good for the Province in an effort to counter cross border shopping, but did not take into account the downside that has been brought to our attention by the Anti Poverty Association and he feels the recommendation will mean that if the Province is moving towards harmonizing GST with the provincial sales tax, then they would take this into account. Councillor Landers advised she will be voting against the recommendation because she does not think they have had much insight into the repercussions of what it will do to the poverty group in this city, or any city, and this has to be addressed fully. Councillor Chase spoke in support of the recommendation, citing a statement from the Board of Trade that it believes that any new tax system should be revenue neutral and the intent of the resolution is that this would be undertaken only after a system has been devised that will meet the needs of low income persons. Councillor Gould advised that he could support the recommendation, but not a motion to harmonize. Question being taken, the motion was carried with Councillor Landers voting "nay". 83-714 COMMON COUNCIL AUGUST 31, 1992 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City Solicitor prepare the appropriate documentation to transfer the lease of Stall C1 (381 square feet) in the Saint John City Market from Butland and Butland to Dianna and John Barton as of September 1, 1992 and that the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City Solicitor prepare a lease of Stall #1 (308 square feet) in the Saint John City Market to St. Croix Creations and that the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that in August of 1991 the City of Saint John, Brunswick Square and the Coast Guard entered into an agreement which resulted in the display of the 22 foot model of the Marco Polo in Brunswick Square; that the display has been very favourably received and Brunswick Square has requested that the City agree to extend the original agreement until October 20, 1993; and recommending that the Mayor and Common Clerk be authorized to execute the necessary documentation that will allow for the extension of the existing agreement between the parties from August 20, 1992 to October 20, 1993 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager advising that on May 23, 1992 a series of operational problems hit the Irving Refinery's catalytic converter and as a result a heavy particulate was discharged over Champlain Heights and the surrounding area; a sample of the particulate was obtained by the City and was sent for a preliminary analysis and the report which was received on June 23 revealed a high aluminum and moderate iron concentrations consistent with the type of catalyst discharged; that the report also suggested that the City may wish to recommend to residents that, as a precaution, all produce harvested within the affected area be washed prior to consumption. The report notes that following a staff report to Council on July 20, 1992, the Department of Environment was asked to comment on the report and, as well, to provide the City with an update on their own investigation; that the said Department responded to the City's request in a letter dated July 31, 1992 wherein they stated that the report was completely in line with their original conclusions and further suggested that if the City were to proceed with additional testing, that it could be done in consultation with their department, with the report also being referred to the Director of Community and Environmental Health for their comments on toxicity, impact on human life, and a recommendation on the washing of produce; advising that more recently, on August 25, the Environment Department went to the Champlain Heights area and took samples from nine gardens in the area most affected; that the City has also received a report from Mr. Mark Allen, Director of Community and Environmental Health (a copy of which is submitted) wherein he states: "Although the health risk from consuming any garden crops grown and harvested from the affected area would be very small, we are in agreement with your consultant's advice that it would be prudent to offer an advisory to residents of the affected area to thoroughly wash any produce before consumption. Since we are in the time of harvest for early garden crops, this advice should be passed on as soon as practical. "; further advising that in a general 83-715 COMMON COUNCIL AUGUST 31, 1992 sense, it is prudent to wash any product before consumption (which comment is not intended to lessen the effects of the upset, but rather to indicate that the washing of produce should be carried out as a normal process before consumption), and that although the City had one sample analyzed, it is not the responsibility of the City to carry out future studies, however, it is the responsibility of the Department of Environment as well as Health and Community Services, and it is understandable that the Enforcement Branch cannot comment on any ongoing investigation but, on the other hand, it is important that the public understand that the investigation is continuing; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, (a) the public be notified by means of this report to Council, as well as, an "advisory" notice in the paper, that it would be prudent for the residents of the affected area to thoroughly wash any produce before consumption; (b) the Department of Environment and the Department of Health and Community Services be requested to supply additional information to the residents as it becomes available; and (c) the Enforcement Branch be requested to continue with its investigation of the refinery upset and to notify the City of the results on completion. Councillor Rogers noted that it has taken three months to get the above report; noted that the Province was somewhat reluctant to indicate that the City's study was the correct finding, however, they are now saying what the consultant indicated is true, and urged that in order for the City not to be liable in the event an action is taken, that an advisory notice appear in the city's newspaper ad. Councillor Landers suggested that not only should the residents be notified by newspaper, but also receive a copy of the City Manager's letter. Councillor Rogers proposed an amendment to the motion that copies of the above report be mailed to area residents (which amendment was ruled out of order by the Deputy Mayor) and it was agreed that copies of the report would be made available to any citizen requesting same. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-286 A Law To Amend The Zoning By-Law Of The City OF Saint John", insofar as it concerns re-zoning a parcel of land located at the east end of Ian Street having NBGIC Numbers 55089221, 55089239 and 55089247 formerly part of NBGIC Number 3388631, from RS-2" One- and Two-Family Suburban Residential to "R-1 B" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-286 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. Mr. Donald Gillis, Chairman of the Preservation Review Board, addressed Council on the proposed Douglas Avenue Heritage Preservation Area; advising that in late 1990, Council authorized a study of the Douglas Avenue Area in response to requests of residents of the area and the recommendations of the Preservation Review Board; that the study was carried out in two phases during 1991 and concluded that the area is worthy of heritage designation; that a Working Group of property owners of the area held a series of over 20 meetings to formulate recommendations which were presented to the community and the Preservation Review Board; submitting a summary of the recommendations proposed by the Preservation Review Board and a summary of the recommendations and comments of the consultants, the Community Working Group and staff; requesting that in order to facilitate the process towards designation of a Preservation Area in the Douglas Avenue Study Area Common Council authorize a date for a public hearing; proposing that in order to extend the Preservation Area By-law to include areas that are outside of 83-716 COMMON COUNCIL AUGUST 31, 1992 the city centre, the by-law name be changed from "Saint John City Centre Preservation Area By-Law" to "Saint John Preservation Areas By-Law"; noting that the existing Preservation Area By-Law is considered to be substantially appropriate for Douglas Avenue, however, a setback provision has been added due to the different site usage on the Avenue; that the area proposed to be designated as a heritage preservation area has been defined by the Community Working Group and includes 68 of the properties in the central portion of the Avenue, listed on Appendix 3 of the report and that all property owners who indicated that they do not wish their property designated, are not included in the proposed area, and are listed on Appendix 4; recommending that Common Council authorize a date for a public hearing, with due public notice in the newspaper, in order to facilitate the process towards designation of a Heritage Preservation Area in the Douglas Avenue Study Area. Responding to a query from Councillor Coughlan as to the reason for a public hearing and whether it is somewhat of a formality, Mr. Gillis advised that it is a process required to have the by-law approved. Councillor Knibb referred to the exception of various properties and noted that the point of historic preservation is to ensure that everyone on the streetscape participates in the project and questioned whether this exercise is faulty; Mr. Gillis replied that people not included have done work on their properties but at this time do not wish to be included and in order to achieve harmony on the Avenue, this was felt the best way to proceed at this time. Responding to a query from Deputy Mayor McAlary, Mr. Gillis confirmed that discussion on the recommendations will take place at the public hearing. Dr. William Patterson, Chairman of the Douglas Avenue Working Group, noted that residents first expressed an interest in heritage designation back in the early 1980s, and his group was formed at a public meeting to follow through on the idea of designating part of the neighbourhood; that the work of the Group was to review the report which consultants prepared for the Preservation Review Board, talk to people in the area, look at various alternatives that might be available and make recommendations to the Board; they sought a way to help ensure that everyone could be comfortable with the proposal and a number of owners were just not ready to be part of a heritage area and therefore they are not proposing that those properties be designated; noted that because of time limits the Working Group mainly focused on the northern half of the Avenue, however, there has been some interest indicated in the area 3 and a further look at areas 3, 4 and 5 might be considered in a future phase; expressed appreciation to the members of the Working Group for their support as well as owners and area residents who participated. Responding to Councillor Rogers if there was any reason given by owners of multiple properties, who wish to be excluded, Dr. Patterson replied that residents of Main Street do not feel they are part of Douglas Avenue, there are several commercial buildings and they feel separate from Douglas Avenue; St. Peters made it very obvious from the very beginning they were not interested, and he cannot give an explanation for Dean's Hill. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Preservation Review Board, the necessary advertising be authorized with regard to a proposed amendment to the Saint John City Centre Preservation Area By-Law to (a) change the name of the By-Law to "Saint John Preservation Areas By-Law"; (b) provide a setback provision for a new infill development within the proposed Douglas Avenue Preservation Area; and (c) enlarge the area under the By-Law by including 68 properties in the central portion of Douglas Avenue, with the public hearing to be held on Tuesday, October 13, 1992. 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 83-717 COMMON COUNCIL AUGUST 31, 1992 Your Committee begs leave to report that it sat on July 20, 1992, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, the following persons be appointed to the Recreation and Parks Advisory Board for a three-year term: Bernard Lunney, Robert Capson, Donald M. Harvey, Thomas Secord, William Dashwood, Stan B. MacMillan, and Suzanne Bonnell. August 31, 1992, Saint John, N.B. Respectfully submitted, (sgd) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation 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 August 17, 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 recommendations, namely:- 1. That as recommended by the Nominating Committee, Donald F. Gillis and Joann Claus be reappointed to the Preservation Review Board for a term of three years, and that Douglas Kochel be appointed to the Board for a term to expire December 31, 1994, replacing Jack Comeau who has resigned. 2. That as recommended by the Nominating Committee, Harold Mayes be appointed to the Recreation and Parks Advisory Board for a term of three years. 3. That as recommended by the Nominating Committee, the following persons be appointed to the Uptown Strategy Working Group: Stirling Brown, Garry Safford, Charles McTague, Joann Claus, Bob Boyce, Stephen Marshall, and Councillor Chase. 4. That the City Transit building at Fairville Boulevard be named the "Lorne F. Lawless Transit Centre", in memory of the late Mr. Lorne F. Lawless, who was in his fifty-fourth year of continuous service in the City's transportation industry at the time of his death on July 11, 1992. 5. That as recommended by the City Manager, tenders be called for the rental of 5,000 square feet of long-term storage space. 6. That as recommended by the City Manager, the land at 59 and 77 Ludlow Street, known as NBGIC Numbers 363192 and 363176, excluding that triangular parcel needed for street improvements, be sold to Redpath Realty Ltd. under the following terms and conditions:- (1) sale price $5,100; (2) as a condition of sale: (2.1) the Irving lot between the two City parcels must be acquired; (2.2) plans for development of the site must be approved by all relevant authorities; and (2.3) an application for a Housing Through Infill Development grant must be approved; (3) the 83-718 COMMON COUNCIL AUGUST 31, 1992 transfer of title to the property must take place within 7 days of the filing of the subdivision plan required for the City to retain a portion of the land for road improvements; and (4) the City will retain an option to reacquire the property for the purchase price if it is not developed as specified within one year of transfer of title. 7. That as recommended by the City Manager, the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners, the fee simple absolute title in and to the lands on Carleton and Union Streets described as NBGIC Numbers 37721, 37739 and 37747, for street construction purposes. 8. That as recommended by the City Manager, the Establishment be changed to delete the Subdivision Plans Examiner position in Group 7 and add a Planning Technician III position in Group 8. 9. That as recommended by the City Manager, the Supply and Services Establishment be amended by increasing gas attendants from four (4) to five (5) and decreasing labourers from two (2) to one (1). 10. That as recommended by the City Manager, Common Council approve the submitted Letter of Agreement changing wording in the collective agreement with Local No. 18, C.U.P.E., and the Mayor and Common Clerk be authorized to execute the Letter of Agreement on behalf of the City. 11. That as recommended by the City Manager, Common Council reclassify the positions in the Mayor's Office as follows:- Executive Assistant - from Management/Professional Grade 2 to Administrative Non-Union Group 7; and Administrative Assistant/Secretary - from Management/Professional Grade 1 to Administrative Non-Union Group 4. 12. That as recommended by the City Manager, the City of Saint John agree to pay the Sea Belles an amount of $600 in recognition of the performances it has held at various events in the City. 13. That as recommended by the City Manager, Common Council adopt the submitted policy for the general disposal of excavated material, and that staff begin implementation of the new procedures immediately. 14. That as recommended by the City Manager, Seaside Park be dedicated as a Peace Park and the Parks Department proceed with the project and report to Council with the final plans for the official dedication. August 31, 1992, Saint John, N.B. Respectfully submitted, (sgd) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Councillor Rogers noted that she is not speaking against the recommendation, but noted that the by-law of Preservation Review Board calls for an individual within a profession related to preservation and pointed out that in the past, the architect that has been appointed to the Board has in many instances had to excuse himself from the meeting because of conflict of interest, and in some cases it is very difficult to get a quorum and requested that the Nominating Committee take this into consideration in the future. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting) On motion of Councillor Coughlan 83-719 COMMON COUNCIL AUGUST 31, 1992 Seconded by Councillor Landers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. (Councillor Chase re-entered the meeting) Responding to a query from Councillor Landers, Deputy Mayor McAlary advised that twelve to fourteen names were considered by the Nominating Committee for appointments, and two of nine individuals have declined appointment to the Working Group. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 9 of the above 83-720 COMMON COUNCIL AUGUST 31, 1992 report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 12 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that section 13 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that section 14 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council accept the sum of $2,400 as money-in-lieu of land for public purposes, and (2) Council authorize the preparation and execution of a City/developer subdivision agreement in accordance with the phases of the subdivision, to ensure the construction of the required driveway culverts to required standards with respect to five proposed lots at 41 Anthony's Cove Road. Mr. Bedford confirmed that single family homes would be erected on the lots in question. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Trites RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Richard K. Armstrong of 2173 Sandy Point Road, Saint John, N.B., for a Master Plumbers License be approved, and 83-721 COMMON COUNCIL AUGUST 31, 1992 a 1992 License be issued to him upon payment of the prescribed fee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Saint John Chapter of the Harley Owners Group in conjunction with the Blue Knights Touring Club extending an invitation to members of Council to join them on their 9th Annual Toy Run on September 12 -- be received and filed. Deputy Mayor McAlary requested any Councillor who wishes to participate to contact the Mayor's Office. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the request from the Saint John Health Action Council for a donation towards the "Check Wellness Festival" -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Cities of New Brunswick Association advising that the deadline for submission of resolutions to the 1992 Annual General Meeting, to be held in Edmundston on October 17, is September 18 -- be referred to the City Manager for preparation of resolutions for Council's consideration. Councillor Coughlan suggested the matter concerning the deplorable condition of the highways should be the priority, if not the only item on the agenda; that the Association should facilitate and encourage all the residents from St. Stephen to Edmundston and from the north shore to Moncton, and get the Federal assistance necessary immediately to curb this problem; noting for the month of August, New Brunswick holds the record for the most highway deaths in Canada. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Edis Flewwelling advising that on April 4, 1977 Councillor Albert Vincent presented to the City the pictures of Queen Elizabeth II and Prince Philip, The Duke of Edinburgh, which now hang in the Council Chamber, in memory of his mother, Elizabeth Vincent; that the Council was to have a plaque engraved and placed with the pictures; and requesting Council to complete the ceremony by having a plaque appropriately worded and placed with the pictures -- be received and filed and a plaque be erected in memory of Mrs. Vincent. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting) On motion of Councillor Knibb Seconded by Councillor Coughlan 83-722 COMMON COUNCIL AUGUST 31, 1992 RESOLVED that the letters from Garry Prosser and Edward Doyle concerning a proposed Commission for the Exhibition Centre, members of the Planning Advisory Committee, the proposed Smoking By-Law, dumping of used asphalt in Harbourview Subdivision, dumping at the Red Head Marsh, closure of Paisley Street, Council procedure, land development, dumping at end of Old Red Read Road, tree cutting at Midwood Avenue, and the turn on Red Head Road -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the petition from Ketepec area residents advising that they have been receiving few of the amenities of more urban residential property owners and requesting in the next fiscal budget provision be made for installation of proper concrete sidewalks and for the by-roads between the Saint John Marina and "Suicide Turn" to be paved or chip-coated -- be referred to the City Manager for a cost analysis and consideration in the 1993 capital budget. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the notice from the Liquor Licensing Board informing Council that Port of Call has made application for a beverage room license and entertainment license, with respect to its premises at 1 Market Square, and that the application will be considered at its meeting to be held on September 10 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk