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1993-01-18_Minutes 83-916 COMMON COUNCIL JANUARY 18, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of January AD., 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; J. Johnson, Building Inspector; J. Baird, Manager- Development Division; B. Belyea, Budget Officer; P. Palmer, Deputy Market Clerk; G. Tait, Deputy Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on January 11, 1993, be approved. Question being taken, the motion was carried. The Mayor commended the persons involved in the Winterfest '93 activities on Friday evening, January 15, and Saturday, January 16, and suggested that, in view of the event's success, consideration should be given to extending the Winterfest '94 event to include Sunday. The Mayor proclaimed January 24 to 30, 1993 to be VON Week in the City of Saint John in recognition of the contribution to the City by the Victorian Order of Nurses and, having recognized the presence at the meeting of a number of representatives from the VON organization, Chairman Lester Hoar addressed Council with regard to VON and expressed appreciation for the support received from both Common Council and the community. The Mayor noted the January 21 meeting for the area mayors and councillors at the Trade and Convention Centre with The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, regarding regionalization of services and/or amalgamation. 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, an approximately 1.3 acre area of land located at 980 Westfield Road, also being a portion of NBGIC Numbers 55047088 and 55047096, from Light Industrial to Low Density Residential classification; and (b) the proposed re-zoning of the same area of land from "1-1" Light Industrial to "RS-2" One- and Two-Family Suburban Residential classification, to permit this lot to be developed for residential purposes, 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 recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Light Industrial to Low Density Residential classification, an approximately 1.3 acre parcel of land located at 980 Westfield Road, also being a portion of NBGIC Numbers 55047088 and 55047096; and (2) the same parcel of land be re-zoned from "1-1" Light Industrial to "RS-2" One- and Two-Family Suburban Residential classification. 83-901 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Rogers Seconded by Councillor McAlary 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, an approximately 1.3 acre parcel of land located at 980 Westfield Road, being a portion of NBGIC Numbers 55047088 and 55047096, from Light Industrial to Low Density Residential 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 Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, an approximately 1.3 acre parcel of land located at 980 Westfield Road, being a portion of NBGIC Numbers 55047088 and 55047096, from Light Industrial to Low Density Residential 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 Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 1.3 acre parcel of land located at 980 Westfield Road, being a portion of NBGIC Numbers 55047088 and 55047096, from "1-1" Light Industrial to "RS-2" One- and Two-Family Suburban Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 1.3 acre parcel of land located at 980 Westfield Road, being a portion of NBGIC Numbers 55047088 and 55047096, from "1-1" Light Industrial to "RS-2" One- and Two-Family Suburban Residential classification, 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. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions with respect to the development of McAllister Place which were imposed in 1988 pursuant to Section 39 of the Community 83-916 COMMON COUNCIL JANUARY 18, 1993 Planning Act, to delete the curbing requirements from the development agreement, as requested by Tritor Developments Ltd., 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 January 12 meeting at which the Committee, after hearing the presentation by the solicitor for the applicant, tabled the item to give staff an opportunity to analyze the technical information submitted by the applicant earlier that day; and recommending that the public hearing be held as advertised but that no decision be made until the Committee submits a recommendation. Mr. Brian Mosher, solicitor for the applicant, appeared in support of the proposed amendment, and expressed agreement with the Committee's recommendation to table the matter until the Committee has had an opportunity to receive a report from Engineering and various other departments. Mr. Mosher advised that he had a meeting with a number of staff earlier this date and some of the issues are being clarified, and it would be best to have that input before a decision is made by Council. During discussion Mr. Mosher expressed the understanding that, with respect to the reference in the Planning staff's report to permanent curbing, staff now has access to the Jacque Whitford report which indicates that it is probably not wise to put in permanent curbing because of differing settlements which take place thereby causing curbing to drop in some areas and not in others, which is why time is needed for the Engineering Department to review the report and attempt to work out something agreeable to both the applicant and City staff; and Mr. Baird confirmed that the Jacque Whitford report was submitted to the Planning Advisory Committee and staff on the day of the Committee's meeting and is being examined by staff for information to the Committee. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the application of Tritor Developments Ltd. for an amendment to the conditions of re-zoning with regard to McAllister Place, 515-519 Westmorland Road, be laid on the table until the Planning Advisory Committee submits a recommendation. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend the following sections:- 20 by adding the stated definition of a redemption centre; 520(1)(a) by adding a redemption centre as a permitted use in the "B-2" General Business Zone; 520(2) by adding a new subsection; 850(2) with respect to a parking requirement for a redemption centre; and 850(11) by renumbering it 850(11)(a) and adding a new subsection 850(11)(b) regarding the gross floor area and off-street loading space, to permit beverage container redemption centres in the "B-2" General Business Zone, as requested by Westmorland Bottle Exchange, 378-380 Westmorland Road, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendment. Consideration was given to a report from the Planning Advisory Committee advising that it adopted at its January 12 meeting the recommendation in the submitted report from the Planning Department and also granted variances for signage and gave temporary approval for the applicants to remain at 378 Westmorland Road until the amendment is finalized; and recommending that Common Council amend the City of Saint John Zoning By-Law as follows:- (1) Section 20 be amended by adding the following definition of "redemption centre": " 'redemption centre' means a building or part of a building where empty beverage containers are returned, sorted and held for a distributor or where applicable, a distributor's agent but does not include an area set aside by a retailer for the purpose of storing empty beverage containers. "; (2) Section 520(1)(a) be amended by adding the following use as a permitted use in the "B-2" General Business Zone:- "-subject to subsection (2)(h), a redemption centre."; (3) Section 520(2) be amended by adding the following new subsection:- "(h) a redemption centre shall: (i) be registered as a redemption centre pursuant to the Beverage Container Act and comply with all regulations thereunder; (ii) be wholly contained within 83-903 COMMON COUNCIL JANUARY 18, 1993 a building and not have any outdoor storage associated with the use."; (4) Section 850(2) be amended by adding the following parking requirements for a redemption centre: "redemption centre...the greater: 5 spaces or: 1 per 47 sq. m"; and (5) Section 850(11) be renumbered as Section 850(11)(a) and a new Section 850(11)(b) be added to read as follows: "(b) Notwithstanding (a) above, a redemption centre containing up to 300 square metres of gross floor area shall provide a minimum of one off-street loading space.". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Sections 20, 520(1)(a), 520(2) and 850(2), and renumbering Section 850(11) as Section 850(11)(a) and adding a new subsection 850(11)(b), with respect to redemption centres, be read a first time. Councillor Rogers asked why the above amendment should be enacted when the use of the property as a redemption centre may not occur, in view of the indication in the Planning Department's report that the New Brunswick Department of the Environment has not yet processed and approved the application for a redemption centre license from the applicants and anticipates a further considerable delay in attending to new registrations due to the large number of application received from throughout the Province, to which Mr. Baird replied that there are a number of licensed redemption centres presently in the City, one of which staff is aware is presently in a "B- 2" zone as well as the subject application, and that these persons are operating under a temporary permit, and staff is of the opinion that, in light of the changing general legislation that redemption centres be more readily available to the public, they be permitted in General Business zones; and explained that, while redemption centres occur in the City in Industrial zones and traditionally have been considered bottle exchanges or more wide-ranging scrap dealers where a large variety of product could be redeemed, the amendment proposed is not site specific to the applicant's property, but rather a general amendment to the Zoning By-Law that will permit redemption centres in all business areas, being the "B-2" zone in this case. 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Sections 20, 520(1)(a), 520(2) and 850(2), and renumbering Section 850(11) as Section 850(11)(a) and adding a new subsection 850(11))(b), with respect to redemption centres, 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 Coughlan RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting as Market Clerk, the 1992 Annual Report of the Market Promotions Committee. 83-916 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the 1992 Annual Report of the Market Promotions Committee be received and filed and the Committee be thanked for a job well done. Question being taken, the motion was carried. 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 certificates, namely:- 1. Contract 92-13 East Saint John Area Sewers Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated January 11, 1993 Partial holdback release $98,869.00 89,477.70 985.00 66,515.90 21,976.80 1,437.73 $21,976.80 2. Contract 92-16, Union Street Water and Sewer Renewal Dean Construction Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 13, 1993 Partial holdback release $133,514.00 114,468.70 1,000.00 96,825.20 16,643.50 1,088.83 $ 16,643.50 3. Contract 92-11, CrackfillinQ 1992 Pavecare Industries (1989) Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 13, 1993 Final holdback release $ 22,460.00 21,462.90 18,243.46 3,219.44 210.62 $ 3,219.44 Question being taken, the motion was carried. Read a report from the City Manager advising that, further to the award of a contract for $3,000 in October 1990 to Dean Construction Limited to demolish three derelict cottages on City-owned land at Third Lake, the cottages were demolished and the debris was burned with the ashes buried on site on November 3, 1990, the latter being considered a violation of the Clean Environment Act by the inspector from the Department of the Environment, although no action was taken because removing the ashes would cause more problems than leaving them in place; also advising that, following the completion in June 1991 of additional clean-up required, staff negotiated with Dean Construction to reduce the contract by the amount of trucking that was not done and it was agreed to reduce the contract by $500; and submitting a recommendation in this regard. 83-905 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the amount of the contract with Dean Construction Limited with respect to the demolition of three cottages on City-owned land at Third Lake be reduced by $500 plus 7% G.ST and the invoice of January 7, 1993 in the amount of $2,675 be paid to Dean Construction Limited. Councillor Landers expressed concern about the fact that the contractor violated both the City's direction and the Environmental Act, and suggested that City staff should look very closely when the company concerned tenders on other City projects. During discussion the Mayor suggested that Dean Construction Limited should be given that, if it is not going to conform to the rules and regulations upon award of a contract, the City will consider whether or not it should continue to do business with the company; and Mr. Johnson advised that the Department of the Environment is satisfied that no further action is required with respect to the environment; expressed the view that the contractor has probably learned a lesson, having made an error and having paid substantially for the error in view of the extra work required; and explained the procedure related to inspecting demolitions in that, in this instance, the incorrect manner in which the demolition was being carried was discovered by a staff member from the Water and Sewerage Department on a weekend by a staff other than an inspector. (Councillor Coughlan withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay". Consideration was given to a letter from the City Manager submitting a copy of correspondence from the Legal Department with regard to a request from Mr. Wayne E. McLennan, solicitor for the owner of the premises at 300 Charlotte Street West, asking for an easement to permit the encroachment of the dwelling at 300 Charlotte Street West upon the Street; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of Ronald M. Estabrooks and Leanna R. Estabrooks, the present owners, to permit the encroachment of their building upon Charlotte Street West; such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. Read a report from the City Manager recommending that Council adopt the submitted resolution and forward it to the Resolutions Committee of the Cities of New Brunswick Association, Inc., no later than January 29, 1993, such resolution highlighting the importance to municipalities of receiving from the Province information which is of critical importance to a timely submission of their budgets to the Province; and advising that, should the Province institute the changes which would enable the information to be made available by September 30 of each year, the City would be in a better position to more effectively deal with its own budgets as well as to provide sufficient time to review those of the Business Improvement Area. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council endorse the following resolution and forward it to the Resolutions Committee of the Cities of New Brunswick Association, Inc.: 83-916 COMMON COUNCIL JANUARY 18, 1993 "WHEREAS the Unconditional Grant provided by the Province to each municipality is a significant source of revenue; WHEREAS the Tax Base is essential information for a municipality to have in order to properly prepare its budget for the ensuing year; "WHEREAS an analysis of the changes in the Tax Base of a municipality provides insight into the effectiveness of various programs to stimulate growth in a particular area; WHEREAS existing legislation requires that municipalities complete and forward their proposed budgets to the Province for approval no later than 30 November of each year: THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association request the Province of New Brunswick to make appropriate administrative changes that would allow for the provision of this information to municipalities no later than 30 September of each year: and FURTHER that the Province be asked to implement administrative procedures that would allow the Province to provide assessment information that indicates the amount of new construction and general assessment increases in each taxing authority within the municipality.". Question being taken, the motion was carried. Consideration was given to a letter from the City Manager recommending payment of the submitted invoices for $7,197.02 and $17,878.40 from the Federation of Canadian Municipalities and Cities of New Brunswick Association, Inc., respectively; and noting that the 1992 dues for Cities of New Brunswick amounted to $16,978 and for FCM, $7,946. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice for 1993 membership dues for Cities of New Brunswick Association, Inc., and the Federation of Canadian Municipalities, in the amounts of $17,878.40 and $7,197.02, respectively. Councillor A. Vincent asked what the City receives by being a member in the Cities of New Brunswick Association, and alluded to a problem in that the Executive Director did not act on the City of Saint John's resolutions, to which the Mayor replied that the Association directs the cities' resolutions to the various Provincial Government departments, and that the misunderstanding referred to by Councillor A. Vincent is that the resolutions submitted by the Resolutions Committee to the Executive Committee were debated at the Annual Meeting and, for some reason or other, rather than being directed to the various departments, came back to the Executive Committee. Councillor Trites, a member of the Association's Resolutions Committee, explained that communication seems to be a part of the problem in that the resolutions passed should simply have been acted upon in terms of letters sent or resolutions moved on to the proper departments of government and agencies, and that Saint John's resolutions were not the only ones affected. (Councillor Coughlan re-entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 92-34, Somerset Street pump station pump #3, be awarded to the low tenderer, Security Mechanical Ltd., at the bid price of $48,084, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 83-907 COMMON COUNCIL JANUARY 18, 1993 Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting his previous report to the award of the tender for contract 92-26, reconstruction of King's Square steps, which was tabled by Council on December 21, 1992, so the possibility of obtaining Federal Government funding could be explored; advising that, although staff followed up on the suggestion and was not successful, Councillor Albert Vincent is still of the opinion that an opportunity may exist to obtain funding, and Mr. John Mullen of Beattie Construction has agreed to work with Councillor Vincent and staff towards this goal and, if the goal is not achieved, the contractor will proceed at the tendered cost; and recommending that (1) the City Manager's report, M & C - 92-1082, be lifted from the table and the recommendations adopted; and (2) Beattie Construction be asked to work with the City and Councillor Albert Vincent to obtain funding from the other levels of government in order to reduce the cost of the project. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the City Manager's report, M & C - 92-1082, regarding the tender for contract 92-26, reconstruction of King's Square steps, be taken from the table: AND FURTHER that as recommended by the City Manager, (1) contract 92-26, reconstruction of King's Square steps, be awarded to the low tenderer, Beattie Construction Services Ltd., at the tendered amount of $54,200; (2) MMC Architects be contracted to inspect contract 92-26 at an amount not to exceed $1,500, plus G.ST ; (3) the $40,000 expenditure from the Stockford Memorial Fund approved in the 1992 Capital Budget be increased to $55,700 plus the G.ST amount on the $1,500 fee of MMC Architects; and (4) the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to letters from Mr. Garry Prosser and Willa Mavis of Save Our Shores considered by Council on January 4 concerning Irving's proposed waste treatment facilities for Bayside Drive/Midwood Avenue and Sheldon Point on the West Side; noting that the main question and the essence of both letters appears to be whether or not the City has provided the proponent with any acceptance of the proposals; and advising that Mr. Prosser and Mrs. Mavis were informed that, although the proponent through its consultants has had preliminary discussions of a technical nature with some City staff, the City has not provided the applicant (Irving) with any acceptance of the proposals; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Mr. Garry Prosser and Mrs. Willa Mavis be informed that, to this date, the City of Saint John has not given any approval to the proposals to locate waste treatment facilities at Bayside Drive/Midwood Avenue or Sheldon Point. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the General Fund 1993 Operating and Capital Budgets, Council's adoption of which will assure that the property owners of this community will once again see the rate upon which taxes are levied against the assessed value of their property remain constant at $1.58 per hundred dollars of assessed value, which is the fourth consecutive year that the rate has been $1.58 representing Council's past commitment to long-term financial planning coupled with a staff commitment to provide a constant, and sometimes enhanced, level of service with fewer dollars; advising that the budgets being recommended would result in the municipality spending $89,798,495 in providing services to citizens as well as investing $15,960,000 in capital assets, for a total of $105,758,495 in 1993; and commenting on the substantial decrease in total revenue as a result of the decreased level of the Provincial unconditional grant funding, and he relatively constant tax base, as well as on the effect of the declining revenues on 83-916 COMMON COUNCIL JANUARY 18, 1993 programs in that it has been necessary for the administration to prepare a budget forecasting a decrease in expenditures from $90,902,272 in 1992 to $89,798,495 in 1993 while, at the same time, making a provision for a number of new commitments. The report also advises that the budget being recommended assures that all essential services, such as road and park maintenance and fire and police protection, are being maintained but does not provide for any significant enhancements, and that the administration is committed to ensuring that marginal service reductions are in services that affect very few of the citizens and that, wherever possible, reductions will be transparent to the vast majority of property owners in the community; and explains that, while the budget does not contemplate any requirement to layoff permanent staff and recognizes the commitment to the City's inside and outside workers during the last round of negotiations, it must be recognized that, if the City is to hold the line or actually reduce expenditures in the future, the total complement of staff must eventually be reduced and, in this regard, the proposed budget for 1993 recognizes that five positions are removed from the City's total Establishment and that others may remain vacant for all of 1993, and also that, with the exception of a need to hire two additional staff in the Recreation Department to program the new Millidgeville Community Centre, the budget does not provide for any additional staff. The report further advises that the major new initiatives to be funded in 1993 are (1) economic development with the creation of the Greater Saint John Economic Development Commission, which is reflected in the proposed budget by a doubling of the previous funding to $507,190, and, in addition, the reinstating of the contribution to the Fundy Region Economic Development Commission of $35,000; (2) the Millidgeville Community Centre in that the City, as part of an agreement with the Province, previously agreed to share in the capital costs as well as for the Recreation Department to staff and program this facility, at a budget of $100,000 for the part-year operation in 1993; (3) the Rockwood Park Interpretation Centre with $45,300 budgeted to operate this new facility in 1993; and (4) the civic centre and pedestrian links for which the budget allows significant additional funds for the centre's operations and the maintenance of the new pedway links. The report notes that the reduction in departmental spending, which at $50,276,877 in 1993, is two percent less than budgeted for 1992; and, with regard to non-departmental spending, explains that an attempt was made, in working with the individual agencies, to determine if a reduced level of requested funding could be provided which would not result in a reduction of service, with examples of this approach being the level of funding recommended for the Transit Commission, the Aquatic Centre Commission, the Trade and Convention Centre, and the Lord Beaverbrook Rink, and also that the 1992 level of funding is recommended for the Cherry Brook Zoo, the Animal Rescue League, the New Brunswick Museum, the Aitken Bicentennial Exhibition Centre and many other organizations. With regard to non- departmental spending related to funds requested for special events, celebrations and various festivities in the community, the report notes that support for Festival By The Sea in 1993 is recommended at the same level as in 1992, with support to Cruise Saint John to be increased to $7,500, and funding for Loyalist Days Inc. of $25,000 in 1993, as well as a significant commitment to an airshow being planned; and, concerning the $13,074,069 budgeted for fiscal services, explains that the decrease of $175,147 from the previous year results from a decision to reduce the amount of capital work originally planned to be financed from the Operating Budget. The report overviews the proposed 1993 Capital Budget of $15,960,000 and total spending in the next five years of $57,793,000, which is basically at the same level as what was anticipated one year ago and is the maximum level of spending that the City can incur without impacting on its policy of having a stable tax rate; and provides highlights related to the budget for Central Business projects, including the completion in 1993 of the work on Union Street between St. Patrick Street and Hazen Avenue, and the completion of the connection between the City Market and Brunswick Square; and increase in Economic Development funding to provide for an increase in Housing Through lnfill Development (HID) funds and an increase in funding for improvements to the City's industrial parks; and increase for the Saint John Regional Exhibition Centre to allow Council some flexibility to ensure that the Centre and the attached pedway meet the expectations with the respect to quality and completeness; the budgeting from the General Fund for work on storm sewers, which is the first time to do this in that this Capital work has previously been budgeted in the Water & Sewer Utility with appropriate changes being made in the General Fund to reflect the cost of servicing this debt; and a reduction in programs/ projects from those established a year ago, with perhaps the most significant being a reduction in the amount allocated to asphalt, curbing and sidewalks for 1993 and 1994, as well as the deferment of $430,000 previously allocated for Rockwood Park; and requests Council's approval of the submitted resolutions. 83-909 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the amount of $89,798,495 be adopted as the estimate required for the operation of the City of Saint John for the year 1993 as follows: General Government Services Protective Services Transportation Services Environmental Health Services Development Services Recreational & Cultural Services Fiscal Services $ 6,753,725 30,921,111 20,740,005 1,732,931 7,866,624 8,710,030 $ 13,074,069 $ 89,798,495 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes: AND FURTHER that the amount of $8,117,107 be adopted as the estimate for Non-Tax Revenue for the year 1993, a more detailed breakdown of this estimate is attached and forms a part of these minutes: AND FURTHER that the Provincial Unconditional Grant of $27715,436 be incorporated in the 1993 budget: AND FURTHER that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1993 be adopted in the amount of $53,965,952: AND FURTHER that the rate at which the amounts comprising the above estimates is to be levied be fixed at $1.58 on each $100 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of the City of Saint John. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the amount of $15,960,000 be adopted as the estimate of the Capital Programs to be undertaken by the City of Saint John in the year 1993, a more detailed breakdown of this estimate is attached and forms a part of these minutes: AND FURTHER that the amount of $41,833,000 be adopted as the estimate of the Capital programs to be undertaken by the City of Saint John for the years 1994 to 1997, a more detailed breakdown of this estimate is attached and forms a part of these minutes. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the proposed 1993 Operating Budget, Capital Budget, as well as the four-year spending targets for the Water & Sewerage Utility; advising that, during the next year, the Utility will be required to incur operating expenses of $17,134,977, as well as to invest $4.6 million in Capital improvements to ensure the continuance of an effective and efficient system; and noting that the Utility is non-profit operation which must raise adequate revenues to cover the annual costs of supplying over 20 billion gallons of water to cover to approximately 20,000 customers, with revenues from user charges to customers ($11,9 million), services charges for fire protection and storm sewers to the City of Saint John ($4.5 million), and Provincial grants ($.7 million). The report comments on the comprehensive review of water and sewerage rates, undertaken in 1992 by The 83-916 COMMON COUNCIL JANUARY 18, 1993 Coopers & Lybrand Consulting Group, which recommends and increase of 4.4% in all rates for 1993, which will have the net effect on a single-family dwelling, after the prepayment discount has been applied, of an increase of approximately $12 per year of $1 per month, bringing the 1993 net rate to $271.52 annually for flat-rate customers, noting that the prepayment discount offered to flat-rate customers paying their annual bill prior to March 31, 1993 will remain at 15%, representing a saving of approximately $48 to a typical household; and also comments on other revenue related to charges to the City of Saint John for storm sewer and water supply for fire protection; and highlights the total operational costs, decreased $232,909 from 1992 levels, of $10,110,862 for 1993, related to staffing, wastewater, fiscal services, and deficit recovery. With respect to the proposed 1993 Capital Budget of $4.6 million, the report advises that staff will present a detailed list of projects for Council's approval within the next two months, and that the total anticipated capital expenditure is $23,200,000 for the period 1993 to 1996; and recommends adoption of the submitted resolutions. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the estimate of expenses for the Water & Sewerage Utility for the year 1993 in the amount of $17,134,977 be approved, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Councillor Landers advised that she could not support the Utility budget on the basis that the recommendations in the Coopers & Lybrand water rate study have not been dealt with to date and that, until these have been dealt with and until the City deals with negotiations with commercial customers, she would not support an increase of 4.4% for the regular taxpayer. Councillor A. Vincent referred to the budget decrease for billing and collection from $372,750 in 1992 to $284,047 in 1993, and asked how this decrease could be accomplished without laying off staff, to which Mr. Wilson replied that the City will not be laying anybody off and, to the extent that there may be an opportunity to reduce one position in which there is currently a person, it will be necessary to transfer that person to an equivalent paying position, and also there is another clerk position in the Billing Section with a similar explanation. (Councillor Coughlan re-entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water & Sewerage", be read a first time. Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay". Read a first time the by-law entitled, "A Law To Amend A By-Law Respecting Water & Sewerage". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water & Sewerage", be read a second time. Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". 83-911 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Capital Budget for the Water and Sewerage Utility for the year 1993 in the amount of $4,600,000 be approved: AN D FU RTH ER that the spending targets for the years 1994 to 1997 totalling $18,600,000 be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Commissioner of Finance be given the authority to disburse funds, the timing of which is to be at his discretion, to the following organizations:- SPECIFIED GRANTS Victorian Order of Nurses Seafarer's Mission Salvation Army Family Services Saint John Human Development Council Volunteer Centre Saint John Learning Exchange The New Brunswick Museum YM/YWCA Saint John Boys & Girls Club N.B. Historical Society Symphony New Brunswick Fundy Region Development Commission Saint John Sports Hall of Fame Senior Citizens' Transit Subsidy Non-Profit Organizations/Rental Subsidies Senior Citizens - Rental Subsidy Senior Citizens Home - Tax Subsidy Festival By The Sea Cherry Brook Zoo Animal Rescue League Aitken Bicentennial Exhibition Centre Horticultural Association Loyalist Days Inc. Aquatic Centre Clubs Saint John Riverboat Classic IWK Children's Hospital Ability Advisory Committee Prude Cruise Saint John Seniors' Games Keep Saint John Beautiful $ 2,400 2,400 1,600 9,600 44,090 3,200 5,000 25,020 31,500 91,500 1,000 12,500 35,000 8,000 50,000 39,600 10,500 27,500 75,000 135,000 170,000 229,000 90,000 25,000 23,000 500 5,000 3,000 5,500 7,500 12,500 20,000 ESTIMATED OPERATING DEFICITS Lord Beaverbrook Rink Saint John Free Public Library Saint John Transit Commission Saint John Trade and Convention Centre Canada Games Aquatic Centre Regional Exhibition Centre $ 116,759 293,925 1,927,273 354,000 783,399 450,000 (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 83-916 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that an item (which was considered in Committee of the Whole earlier this date) concerning appointments to the Saint John Regional Exhibition Centre Commission be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that the following persons be appointed to the Saint John Regional Exhibition Centre Commission:- Marlene Vaughan and Joseph Flynn for a one-year term; Bob Newdick and Paul Meier for a two- year term; and Bill Gale, Bill Nugent and Bill Grant for a three-year term. The Mayor explained that the above-named persons, all of whom served on the Saint John Regional Exhibition Centre Interim Committee, were asked if they were interested to serve on the Commission and indicated that they were; thanked those persons who submitted their names for consideration of appointment to the Commission and advised that it is the intent for her to forward a letter of thanks to them indicating that their names will be considered for future appointment to the Commission; and also explained that, as it is probable that all the nominees would have been selected for a three-year term on the Commission in that they are all good responsible citizens and the legislation provides for staggered terms, the City Solicitor, at her suggestion, drew the nominees' names for tenure on the Commission as noted. Mr. Rodgers made the observation that, with respect to the manner in which the terms were selected, it is now up to Council as to whether or not it wants to appoint accordingly. Councillor Trites added that there was no consideration given to other persons once it was determined that all the Committee members wanted to serve on the Commission as Council decided that continuation of the current good-quality management team in terms of the Commission was a necessary item. (Councillor M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor A. Vincent made the observation that there was no labour representative appointed to the above Commission. 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 January 11, 1993, 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 City Manager, the City's freehold interest in the land at 98 St. James Street West, legally described as Lots 1084 and 1086 Brooks Ward (NBGIC Number 367763), be sold to the lessee, Colin George Megaw, for a price of $5,500. 2. That as recommended by the City Manager, (1) the southern end of Kennedy Street, as shown on the submitted map, be advertised for closing; (2) if the street is closed and the land re-zoned, an exchange of land take place with Mr. Ralph Carpenter what will result in: (2.1) the former street being transferred to Mr. Carpenter (Parcel "A"); (2.2) the property shown as Parcel "B" on the submitted plan being 83-913 COMMON COUNCIL JANUARY 18, 1993 transferred to the City; and (2.3) an easement being acquired by the City across Mr. Carpenter's property identified as PI D 377150 to permit access to an existing sewer; (3) survey and subdivision costs in connection with the street closing and creation of Parcel "B" to be borne by Mr. Carpenter; (4) survey costs in connection with the easement to be paid by the City; (5) Mr. Carpenter to be given a license to use the newly-acquired City land under the following terms: (5.1) the license to be for a term of five (5) years; (5.2) the rental to be $100 per year payable in advance commencing on the date the property is transferred to the City; (5.3) the City will be reimbursed for any taxes assessed against the property; (5.4) the land to be used only for activities associated with the use of the remainder of Mr. Carpenter's land in this area; and (5.5) the license may be cancelled by either party 0 one calendar month's notice and Mr. Carpenter agrees to return the property to its original condition; and (6) the exchange of land is dependent on the successful closing of the street, re-zoning of the land and approval of Mr. Carpenter's development plan for the former street (Parcel "A") which will include the consolidation of the 8-foot strip Parcel "D" with the former street, and the agreement to transfer the closed portion of the street does not implicitly nor explicitly obligate the City to complete the street closing or to approve and re-zoning application. 3. That as recommended by the City Manager, (a) Common Council request that the Animal Rescue League augment its very successful "Adopt A Pet" program to emphasize the need for responsible pet ownership regarding "stoop and scoop"; and (b) the City also use its information page in the local newspaper to promote responsible pet ownership; and that a copy of the City Manager's report in this regard be forwarded to the Environment Committee. January 18, 1993, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 1 of the report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the report be adopted. Deputy Mayor McAlary advised her intent to oppose the above matter, as she has from the beginning, for the reason that residents of Kennedy Street contacted her last summer concerning the condition of the property and that she visited the property on various occasions and found that there were certain incidents happening there with which she was not pleased, nor was she pleased with the appearance of the property in that it is in the area of the Power Boat Club and there are many tourists to the area during the summer, and also, in her opinion, the owner of the property was not living up to his commitments. Councillor Landers asked of all of the owner's obligations been adhered to at the present time, to which Mr. Bedford replied that the major obligations of the applicant would come into play once he started development of his property in that development would result in removal of buildings that are presently on a road allowance and a more stringent cleaning-up of the property, and the negotiations with which Council is dealing at this time are part of the process to move the development forward; and also that, with regard to concerns received from time to time about the upkeep and appearance of the property, staff has been working with Mr. Carpenter who, from time to time, does make efforts to clean up his property, and the major issue involves the conditions before Council at this time and, if the property is developed for the proposal which the Planning Advisory Committee and Council agreed to, that in the end would be the final resolution of this issue. In response to Councillor Landers, Mr. Todd commented on discussions with Mr. Carpenter, which started in 1991, in that a variety of alternatives have been considered in trying to resolve this matter and reach an agreement which will allow Mr. Carpenter to develop his property in, perhaps, a more proper fashion; and having noted that Council, if it wishes, will have an opportunity through the street closing and re-zoning process, to place conditions on the 83-916 COMMON COUNCIL JANUARY 18, 1993 development of the site to ensure what it wants accomplished on the site is accomplished, expressed the opinion that the negotiations have been of a give-and-take nature and Mr. Carpenter has every intent to proceed as agreed to above and has negotiated with the City in good faith in an effort to make the subject area what everybody wants it to be. Question being taken, the motion was carried with Councillors Landers and McAlary voting "nay". On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that section 3 of the report be adopted. Councillor Landers, in noting that many communities have implemented "Stoop and Scoop" by-laws, expressed the opinion that such a by-law works and that, while ads might be effective, it is necessary to educate persons in certain ways when it comes to such issues. Question being taken, the motion was carried with Councillors Landers voting "nay" Read a letter from Mr. Skip Cormier, Chairperson of the Saint John Tomorrow Committee, advising that at the Committee's December 7, 1992 meeting, a motion was passed which recommended that Council dissolve the Committee, based on the understanding that the responsibility for economic development should be the sole responsibility of the new Greater Saint John Economic Development Commission; and also that the Saint John Tomorrow Committee resolved that the Greater Saint John Education Committee, a sub-committee of the Saint John Tomorrow Committee, should become a sub-committee of the Greater Saint John Economic Development Commission, in that the recommendations of the Committee's report require a long-term commitment toward implementation. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that Council accept the dissolution of the Saint John Tomorrow Committee and the members be thanked for their service on the Committee, and that Council accept the recommendation that the Greater Saint John Education Committee be a sub-Committee of the Greater Saint John Economic Development Commission. Question being taken, the motion was carried. Read a letter from the Saint John Parking Commission requesting Council's adoption of the submitted resolution. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Joseph Stanley: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 83-915 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Mr. Ray Butler suggesting that there should be a place for public art somewhere within the new Regional Exhibition Centre complex, and advising that he would b pleased to suggest ways in which art in general and, or course, items of his art in particular may be used to enhance the ambience of the project, and that he would like an opportunity to submit ideas or designs -- be referred to the Saint John Regional Exhibition Centre Commission. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Mr. Bobby Donovan proposing a "Canada Trail" for Rockwood Park, and asking for an endorsement of this idea from the Mayor and Common Council -- be referred to the City Manager and the Rockwood Park Advisory Board for a report in 30 days. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Simonds Lions Caledonian Pipe Band requesting financial support to assist in its participation in the 1994 Tournament of Roses Parade in Pasadena, California -- be referred to the City Manager for consideration. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the application of 039105 N.B. Limited for the re-zoning of 730 Wilson Street West be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 1, 1993. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the memorandum from St. Peter's Home & School Association advising of a problem resulting from the traffic flow from Metcalf Street onto Lansdowne Avenue and the fact that there is only one crossing guard to handle this busy intersection -- be referred to the City Manger and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Thistle-St. Andrews Curling Club advising that it will again be hosting the Saint John "Riverboat" Classic in October 1993, this year being the 12th edition; and requesting that the City of Saint John provide a grant of $500 per year for the next five years -- be received and filed and the request be granted. Question being taken, the motion was carried. 83-916 COMMON COUNCIL JANUARY 18, 1993 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Anne Marie McGrath, Superintendent of the Board of School Trustees, School District No.8, advising that Mr. Doug Devine will act on the City's Arbor Day Committee on behalf of District No.8 -- be received and filed and the appointment be confirmed. The motion initially proposed by Councillor Rogers and seconded by Councillor M. Vincent was to refer the above matter to the Nominating Committee whereupon the Common Clerk noted Council previously approved a motion to appoint the nominee from the School Board. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. Gwendoline Beatteay commenting on the City's Sexual Harassment Policy -- be referred to the City Manager to have the Commissioner of Human Resources reply to Mrs. Beatteay. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Maritime Employers Association requesting that the roadway on the West Side which runs from King Street southerly between the Carleton Community Centre and the Association building be upgraded -- be referred to the City Manager. Question being taken, the motion was carried. Councillor Chase, a member of the Board of Victorian Order of Nurses, asked that a matter regarding the VON be added to the agenda of this meeting. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that a matter concerning the Victorian Order of Nurses be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Chase requested that consideration be given by staff, in terms of the procedure established, to a request by the Victorian Order of Nurses for a grant relevant to the use of the Lily Lake Pavilion on January 29. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the above matter be referred to the City Manager for consideration. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk