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1993-02-22_Minutes 83-961 COMMON COUNCIL FEBRUARY 22, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of February, AD. 1993, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; J. Baird, Manager- Development Division; P. Palmer, Deputy Market Clerk; R. Johnston, Deputy Fire Chief; G. Watson, Assistant Deputy Chief of Police; Y. Huntington, Director of Tourism and Communications; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Charles French of Central United Baptist Church 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 February 15, 1993, be approved. Question being taken, the motion was carried. The Mayor noted that the 1993 Annual Convention of the Tourism Industry Association of Canada is being held in the City from February 20 to 23, which is the first time this Association has met in New Brunswick; and commended Ms. Huntington and those involved in the organization of this Convention; also noted that the Canadian National Swimming Meet is being held in Saint John from February 24 to 27; and proclaimed March 1993 as National Kidney Month in the City of Saint John and urged all citizens to acknowledge the work of the Kidney Foundation through their generous donations. 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 certificates, namely: - 1. Contract 92-8 McAllister Drive Reconstruction Grove Construction (1986) Inc. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 2, 1993 Partial holdback release $286,283.22 276,542.01 2,421.50 232,639.21 41,481.30 2,713.73 $ 41,481.30 83-962 COMMON COUNCIL FEBRUARY 22, 1993 2. Contract 92-9, Rockwood Park Reconstruction of Loop Road F. Andrew Simpson Contracting Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 18, 1993 Final holdback release. $379,012.65 327,450.25 Nil 278,332.71 49,117.54 3,213.30 $ 49,117.54 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely: - 1. Contract PC000008490 Erb's Enterprises Ltd. Interior renovations to relocate Somerset Community Centre Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated February 22, 1993 Holdback release. $14,700.00 15,580.00 Nil 13,375.00 $ 2,205.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Council approve the appointment of the following officers to the Saint John Salvage Corps and Fire Police for the year 1993: - Harold Mayes - Captain; Charles Gray - First Lieutenant; John Pipes - Second Lieutenant; Harold Peddle - Secretary; Robert Campbell - Treasurer; Robert Pade - Foreman One; Brian Cornish - Foreman Two; Tom Howell - Foreman Three; and Ernest Best - Foreman Four. Question being taken, the motion was carried. Read a report from the City Manager advising that Mary Lou and William Flogeras of "Yogels Ltd.:" wish to rent 350 square feet of stall/bench space, being Stall #4, in the City Market for a period of 21 % months from March 22, 1993 to December 31, 1994, and staff is satisfied that they can meet the needs and terms of the lease with the City, and their products are a good complement to the City Market product mix; also advising that the rental for this stall over the lease period will be $11,600, and will generate $704 towards the City Market promotion fund. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the City Solicitor prepare a lease between the City of Saint John and "Yogels Ltd.", for rental of space at the City Market, and the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. 83-963 COMMON COUNCIL FEBRUARY 22, 1993 Consideration was given to a report from the City Manager submitting a recommendation further to the request of Mr. Warren Searle for permission to make a parachute jump into Shamrock ark, which was considered by Council on February 1. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the City of Saint John hereby authorizes Mr. Warren Searle to make a parachute jump into the centre field area of Shamrock Park on either June 16 or 17, 1993, upon execution of the submitted waiver. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager responding to the invitation from Mr. Henry C. Smith of Sussex, considered by Council on December 7, 1992, for the City to purchase a piece of visual art, being a totem pole sculpture entitled "Pole of Life" which Mr. Smith created to mark Canada's 125th birthday in 1992; advising that, while the submitted Art Purchase Policy was adopted by Council on December 18, 1972, it appears no funds were allocated for this purpose after the mid-1970s and the lack of an annual acquisitions budget has resulted in requests for art works to enhance office areas not having been fulfilled; examining, in addition to the aforementioned unfunded City of Saint John Art Purchase Policy, the other financial implications involved should the City decide to acquire the "Pole of Life"; and recommending that (1) Mr. Henry Smith be thanked for his offer and advised that the City of Saint John is not in a position to purchase the "Pole of Life"; and (2) staff, in consultation with the Saint John Arts Advisory Board, review the 1972 City of Saint John Art Purchase Policy and make recommendations to Council - be received and filed and the recommendation adopted. Mr. Brown concurred with Councillor M. Vincent's suggestion that a service club might want to consider a raffle project for the wood carving in question; and Deputy Mayor McAlary suggested that Mr. Smith could be advised that the Saint John Port Corporation might have an interest in purchasing the wood carving for Pugsley Park on Water Street. Question being taken, the motion was carried. Read a report from the City Manager regarding the applications of Diesel Power Services Ltd. for a Zoning By-Law and Section 39 amendments with respect to 660 Brown Street, which were tabled at the February 15 public hearing with views requested concerning the modified application of those who had submitted letters of opposition to the original application; advising of the responses received, with the conclusion being that those who submitted letters of objection to the original application object to the establishment of a billiard hall or poolroom at 660 Brown Street; and also advising that a billiard hall or poolroom are permitted uses in the "1-1" Light Industrial zone and are not restricted in their location by the presence of schools, churches or "R" zones, and that the applicant indicates that it will be the policy to restrict play to those over 16 years unless accompanied by an adult. The report concludes that, from a planning perspective, the Provincial limitation with regard to age and the small number of tables being considered would minimize the impact on the neighbourhood; and recommends that a billiard hall or poolroom of no more than 5 tables be added to the list of permitted uses, in addition to an auditorium which was recommended by the Planning Advisory Committee, the Committee" recommendation being that (1) the application to amend Section 620(2)(e) of the Zoning By-Law to permit an amusement place at 660 Brown Street be denied; (2) the application to amend the Section 30 conditions to permit an auditorium at 660 Brown Street be approved; (3) the application to amend the Section 39 conditions to permit a dance hall and amusement place at 660 Brown Street be denied; and (4) the application to rescind all Section 39 conditions with respect to 600 Brown Street be denied. Councillor Knibb proposed a motion to adopt the above recommendation of the Planning Advisory Committee with a change in (2) to include five pool tables restricted to persons over sixteen years of age. 83-964 COMMON COUNCIL FEBRUARY 22, 1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, the application of Diesel Power Services Ltd. (1) to amend Section 620(2)(e) of the Zoning By-Law to permit an amusement place at 660 Brown Street be denied; (2) to amend the Section 39 conditions to permit a dance hall and amusement place at 660 Brown Street be denied; and (3) to rescind all Section 39 conditions with respect to 660 Brown Street be denied: AND FURTHER that section 39 conditions imposed by Common Council on October 7, 1985, when 660 Brown Street was re-zoned, and as subsequently amended, be amended to permit an auditorium and a billiard hall or poolroom of no more than 5 tables restricted to persons over sixteen years of age at 660 Brown Street. Mr. Baird, in response to Councillor M. Vincent's question as to whether or not item (4) of the Committee's recommendation contradicts items (1) and (3), clarified that item (4) of the Planning Advisory Committee's recommendation is relevant to one of the applicant's options to rescind all Section 39 conditions completely and is indicating the Committee's non-acceptance of that option, and that the sections stand quite independently and not contradictory to each other in that the Committee is willing to go part way but not all the way and remove all conditions; and Mr. Rodgers advised that, based on reading the recommendation, he is satisfied that Mr. Baird's comments are correct. Councillor Trites made the observation that, while the amendment is being recommended by staff, it does create a problem with the District NO.8 School Board and, in terms of whether or not from a planning perspective it is acceptable to the Planning Department, it is not acceptable to District No.8 and, therefore, not acceptable to him. The Mayor asked if the School authorities are opposed only to the pool hall and not to the auditorium to which Mr. Baird replied that it is his understanding that they have no objection to the auditorium but are clearly objecting to the amusement place and still have concerns with the pool hall. The Mayor asked if enforcement of the proposed 16- year age restriction, in that the Provincial law indicates that no one under the age of 13 (14 years during school hours) is allowed to play billiards, would be through the City's investigation of a complaint by a parent or some other person, to which Mr. Baird replied that that is staff's understanding. Councillor A. Vincent asked the proposed use of the auditorium to which Mr. Baird replied that the applicant, when seeking to have an auditorium as one of his alternatives, indicated that he wanted to use it for bingo, banquets and dances with banquets and that, if the proposal for a billiard hall were to be approved, in fact he would not have an auditorium, although there were a number of alternatives for which he was seeking approval. Question being taken, the motion was carried with Councillors Landers, Rogers, Trites, A. Vincent and M. Vincent voting "nay". Consideration was given to a letter from the City Solicitor advising that, in accordance with Common Council resolution of November 30, 1992, the City of Saint John filed with the Expropriations Advisory Officer on December 30, 1992, a Notice of Intention to Expropriate a parcel of land on the eastern side of Station Street at its intersection with the northern side of Sewell Street, and that, as the Expropriations Advisory Officer on February 15, 1993 advised that no Notice of Objection had been filed with him within the time prescribed by the Expropriation Act, the municipality may now proceed in accordance with Section 19 of the Act; and recommending, if Common Council wishes to proceed with this expropriation, adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the following resolution be adopted, namely: - "WHEREAS Common Council, by resolution of November 30, 1992, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; 83-965 COMMON COUNCIL FEBRUARY 22, 1993 AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory Officer on December 30, 1992; AND WHWEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John: AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of the lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E- 14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner no sooner than ninety (90) days after the date of registration of the Notice of Expropriation unless an earlier date is agreed to by the occupying owner; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are now occupied by the owners: NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the ninety-first (91) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises.". 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 February 15, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely: - 1. That as recommended by the City Manager, Mr. Urban Murphy be named as the City's nominee to the Board of Arbitration of Local Union No. 771, I.A.F.F., grievance concerning the roster system. February 22, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a I r man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. 83-966 COMMON COUNCIL FEBRUARY 22, 1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the 1992 Annual Report of the City of Saint John Pension Fund be received and filed. Mr. Wilson highlighted the above Report and, in response to Council queries, advised that, whether or not the City's Pension Plan is amended, the City must conform with the New Brunswick Pension Benefits Act which came into effect on January 1, 1992, as well as with changes in the Federal Income Tax Act and that, as the proposed new City of Saint John Pension Act went no further than the Provincial Legislative Committee where it was opposed, the Trustees are once again dealing with the matter of bringing the Act's text in line with the Federal and Provincial legislation and any other changes; and, with respect to the unfunded liability of $8,864,000 as of December 31, 1991, advised that the actuary indicated that, if the City were contributing at the rate of 5.3%, the unfunded liability would be extinguished in 15 years, and the City's rate of contribution is actually about 6.9% a year. Concerning disability pensions, Mr. Wilson confirmed that persons who retire on disability cannot qualify for a higher disability pension than what is provided for under the definition in the Canada Pension Plan, and that it is quite common for disability to be covered through an insurance program and not be part of a pension plan; and advised that the actuary, when doing his estimating, always comments on the high incidence of disability that the City has which does, in fact, result in having to provide for much more in the way of disability liability than would normally be expected and that, while at this time he could not give an actual percentage, it has been raised on a number of occasions that disability coverage in the Plan has been a significant drain in the monies that are otherwise available for pensions. With respect to the matter of fund investments, Mr. Wilson advised that the Board of Trustees, having discussed a few years ago the matter of some companies not investing in companies that were doing business in South Africa, seemed to be convinced that its role was to maximize the earnings for the members and not to decide at what point to invest in one company over another with the result being that perhaps the return might be affected. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Edward J. O'Brien an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of David A. Jones, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from the Saint John Chapter of the Harley Owners Group requesting that arrangements be made with the Lord Beaverbrook Rink so that it may use these facilities for the weekend of September 4, 5 and 6 - be received and filed and the use of the facilities be approved. 83-967 COMMON COUNCIL FEBRUARY 22, 1993 Deputy Mayor McAlary suggested that, as the cost of the Lord Beaverbrook Rink is not known at this time nor is the reason why the Group wants to use the location, the above request should be referred to the City Manager. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for a report from the City Manager on the cost to use the Lord Beaverbrook Rink and a response on why the Group selected this location. Question being taken, the tabling motion was carried with Councillors Landers and Rogers voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from New Brunswick Kennel Club, Inc., asking Common Council to consider reviewing the rental fee of $600 per day for use of the Simonds Centennial Arena on April 17 and 18 for its annual spring all-breed dog shows, and make a recommendation to have the fee reduced, if at all possible; and the letter from Ellen Brennan requesting funds to assist her curling team, who are members of the Thistle-St. Andrews Curling Club, to participate in the Canadian Senior Ladies Curling Championship, in Edmonton, Alberta, from March 12 to 20 - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Michael J. Murray, Manager of Thistle-St. Andrews Curling Club at 49 Dufferin Avenue, advising that the Club's agreement of conditional re-zoning allowing the non-curling use of the ice surface will soon be expired; and requesting that, as the permitted use of the ice surface portion of the building is restricted to curling and related activities, Council extend the permitted use and amend the conditions of the re-zoning to permit non-curling activities during the period of June 1 and October 1, such as dances, dinner dances, fairs, product shows, sales meetings and sports until June 1, 2003 in accordance with the conditions stated herein - 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 29, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk