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1993-03-29_Minutes 84-34 COMMON COUNCIL MARCH 29, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of March, 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. 1. Totten, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; W. Butler, Director of Water and Sewerage Services; D. Logan, Purchasing Agent; J. Baird, Manager- Development Division; R. McDevitt, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Michael Trites of Edith Avenue 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 March 22, 1993, be approved. Question being taken, the motion was carried. The Mayor congratulated Finance Commissioner Daryl Wilson on his election as a Fellow of the New Brunswick Institute of Chartered Accountants, recognizing his outstanding service to the Institute, the profession and the community, a Fellowship being a prestigious award that is held by less than 5% of the Chartered Accountants in the Province; and commended Stewart Crowley of 56 Park Street who assisted a citizen in need on March 22. The Mayor proclaimed (1) April 6 as Tartan Day in recognition of the contribution Scots have made to the building of the city of Saint John, welcoming to the Council Chamber Messrs. Gordon Graham, President, and Alan MacDonald, Secretary, of the St. Andrews Society, the former who addressed Council concerning Tartan Day; (2) April 4 to 10 as National Wildlife Week to create awareness about the importance of wildlife conservation; (3) April 3 as Polungo Day in recognition of the goals and objectives of Prude Inc., an organization which promotes the development of programs to enhance the quality of life of the black citizens of the Province; (4) April as Parkinson Awareness Month and April 19-25 as Parkinson Awareness Week, and Mr. Ken Salmon, President of the Saint John Chapter of The Parkinson Foundation of Canada, addressed Council about the Foundation's goals, noting the information pamphlets and pins he distributed to the Council members in promotion of the Chapter; (5) April as New Homes Month in recognition of what the building of new homes means in civic and economic progress to Saint John and what homeownership can mean both to the individual owner and to the total economic and social benefit of this municipality; (6) March 30 as CNIB Day in commemoration of the 75th anniversary of the Canadian Institute for the Blind; and (7) March 29 as YM-YWCA Red Triangle Week in the City of Saint John in recognition of the YM-YWCA and its contribution to the City and the Province. Deputy Mayor McAlary, a member of the Market Promotions Committee, commented on an Easter Promotion for the City Market and presented the Mayor with a stuffed toy rabbit of the type to be won during the Promotion. (Councillor Chase entered the meeting.) 84-35 COMMON COUNCIL MARCH 29, 1993 Councillor Knibb asked that the schedule of Council meetings (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. On motion of Councillor Chase Seconded by Councillor Landers RESOLVED that the schedule of Council meetings be added to the agenda for consideration at this meeting. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property at 77-79 Sewell Street (NBGIC Number 38513), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to place the property in a zoning classification in which the existing special care home is permitted, as requested by Mr. David H. Mills, and that no written objections were received in this regard, with letters in support of the proposed re-zoning received from Reverend Paul D. Inman of Tabernacle United Baptist Church and Mrs. William Morrow. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee submitting copies of the Planning Department's report and seven letters in favour of the above proposal considered by the Committee at its March 23 meeting at which no one appeared in opposition to the application, and the applicant expressed agreement with Planning's recommendation; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning the lot located at 77-79 Sewell Street (NBGIC Number 38513), from "RM-I" Three-Storey Multiple Residential to 'IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions:- (1) the use of the property be limited to a group care facility licensed by the Province for up to ten residents; and (2) all improvements to meet the requirements of the Building Code be completed by September 30, 1993. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 77-79 Sewell Street (NBGIC Number 38513), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 77-79 Sewell Street (NBGIC Number 38513), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 84-36 COMMON COUNCIL MARCH 29, 1993 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the correspondence regarding the above-proposed re-zoning 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 attached to the 1975 re-zoning of the Thistle-St. Andrews Curling Club at 49 Dufferin Avenue by permitting non-curling activities during the period June 1 to October 1 until June 1, 2003, the following conditions having been suggested by the applicant for Council's consideration, along with other conditions Council may consider necessary:- (a) a total of 30 days in any combination shall be the maximum time permitted for such uses; (b) closing time shall be 10:00 p.m., except on 15 of the above days, when the closing time will be 12:30 a.m.; (c) there shall not be permitted operation of a beer garten; (d) use and activity in the clubhouse is unrestricted; (e) have proper security and supervision during these functions; (f) licensed bartenders will serve and maintain bars at these functions; (g) all exits will be controlled and supervised during these functions; (h) all guests will leave the building in a quiet and orderly fashion; (I) security will be engaged to provide traffic and parking control; and U) on the occasions of dinners, dances or dinner dances which have a 12:30 a.m. closing, Dufferin Avenue will be barricaded (top of street) to reduce the parking impact on Dufferin Avenue; to permit non-curling activities such as dances, dinner dances, fairs, product shows, sales meetings and sports during the curling off- season until June 1, 2003, subject to conditions which Common Council may impose, as requested by Thistle-St. Andrews Curling Club, and that no written objections were received in this regard. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters signed by a number of neighbouring property owners considered by the Committee at its March 23 meeting at which Mr. Mike Murray, Manager of the Club, expressed agreement with Planning's recommendation and Mr. Wayne Cooper of 59 Dufferin Avenue voiced concerns regarding drainage and ice problems which occur in the common lane to the rear of the properties on the west side of Dufferin Avenue; and recommending that Common Council amend the conditions attached to the 1975 re-zoning of the Thistle-St. Andrews Curling Club at 49 Dufferin Avenue by permitting non-curling activities, such as dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports during the period of June 1 to October 1 each year, until October 1, 1997, subject to the following conditions:- (a) a total of 30 days in any combination shall be the maximum time permitted for such uses; (b) closing time shall be 10:00 p.m., except on 15 of the above days, when the closing time will be 12:30 a.m.; 9c) there shall not be permitted operation of a beer garten; (d) use and activity in the clubhouse is unrestricted; (e) have proper security and supervision during these functions; (f) licensed bartenders will serve and maintain bars at these functions; (g) all exits will be controlled and supervised during these functions; (h) all guests will leave the building in a quiet and orderly fashion; (I) security will be engaged to provide traffic and parking control; and U) on the occasions of dinners, dances or dinner dances which have a 12:30 a.m. closing, Dufferin Avenue will be barricaded (top of street) to reduce the parking impact on Dufferin Avenue. Mr. M. Murray, Manager of Thistle-St. Andrews Curling Club, appeared in support of the proposed amendment and, having noted the presence at the meeting of Club President Eric Blanchard and members of the Board, advised that his presence is to explain to Council the importance of the amendment to the Thistle-St. Andrews Curling Club, and to respond to Council queries. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the 1975 re-zoning of the Thistle-St. Andrews Curling Club at 49 Dufferin Avenue by permitting non-curling activities, such as dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports during the period of June 1 to October 1 each year, until October 1, 1997, subject to the following conditions:- (a) a total of 30 days in any combination shall be the maximum time permitted for such uses; (b) closing time shall 84-37 COMMON COUNCIL MARCH 29, 1993 be 10:00 p.m., except on 15 of the above days, when the closing time will be 12:30 a.m.; (c) there shall not be permitted operation of a beer garten; (d) use and activity in the clubhouse is unrestricted; (e) have proper security and supervision during these functions; (f) licensed bartenders will serve and maintain bars at these functions; (g) all exits will be controlled and supervised during these functions; (h) all guests will leave the building in a quiet and orderly fashion; (I) security will be engaged to provide traffic and parking control; and U) on the occasions of dinners, dances or dinner dances which have a 12:30 a.m. closing, Dufferin Avenue will be barricaded (top of street) to reduce the parking impact on Dufferin Avenue). Question being taken, the motion was carried. On motion of Councillor M. Vincent 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. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land located on the north side of Main Street approximately 25 feet from the corner of Bridge Street at 13-15 Main Street (NBGIC Number 374694), from Mixed Use (Residential and Commercial) to Institutional classification, to provide for the re-zoning of the parcel to a zoning classification in which the existing church and residence are permitted, as requested by Shekhinah Temple Inc. Consideration was given to a letter from Mayor Wayne advising that, as some members of the taxi industry in the City have a number of concerns, she believes that it is now opportune to have the entire tax industry reviewed and, if necessary, amend appropriate by-laws with a view to enhancing the quality and quantity of service this industry provides to the citizens and visitors to the community; and proposing that Council consider establishing a committee composed of representatives of the business community, the hospitality industry, the City's Visitor and Convention bureau, a member of the Police Force, and the taxi industry, to review such things as the quantity and quality of service, the quality and vintage of vehicles used, fare structuring, metering of fares, qualifications for drivers, number of vehicles licensed in the industry City-wide, etc. The Mayor called for a motion to refer this matter to the Nominating Committee to recommend nominees to a committee as outlined in her above letter. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the above matter be referred to the Nominating Committee to recommend nominees to the committee, and to the City Manager to provide background information to the committee when appointed. Councillor Knibb questioned the timing of the proposed action on the basis of the current poor economic situation for the taxi industry, and advised that he would prefer that this matter be left until the fall; and the mover and seconder of the motion concurred with Councillor M. Vincent's suggestion that the matter should also be referred to the City Manager so that the background documentation and files can be brought forward in order for the committee, once in place, to have a chance to review what has happened to this point. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that the schedule of Council meetings for April, May, June, July, August and September 1993, proposing bi-weekly meetings for June through September inclusive - be received and filed and the schedule be approved. 84-38 COMMON COUNCIL MARCH 29, 1993 Councillor Knibb noted his past opposition to the holding of Council meetings every second week during the summer on the basis that Councillors are appointed to see that the City's business is done and the reduction of open meetings of Council, in which the citizens can see what decisions are being made and why, is a derogation from Council's duties; advised that he finds it unacceptable to extend the practice to include June and September; and asked the Mayor the reason for the proposed change. The Mayor replied that the City Manager asked if this could be done, with the intent being that Council could meet very other week for teach-ins or whatever is required instead of trying to do all the business on a Monday night, and that there are so many reports to submit to Council that staff is simply overloaded and needs some time to get caught up and get the work done that is required for Council to do its work. Councillor Knibb made the observation that a reduction in the number of Council meetings can increase the length of the Council meetings; and Councillor Coughlan suggested that Council could reconsider the matter of bi-weekly meetings in September. Moved in amendment by Councillor Coughlan Seconded by Councillor Landers RESOLVED that the schedule of Council meetings be amended by deleting the reference to bi-weekly meetings in September. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried with Councillors Knibb and A. Vincent voting "nay". Mr. Michael Richard of Western Beaches Preservation Society, through a slide presentation, highlighted the previously-submitted Report entitled, "Study of Land Use and Management Within the Western Beaches Area", prepared by Fundy Engineering & Consulting Ltd. and identifying where the Society and the City of Saint John can work together towards the betterment of the unique coastal environment, one solely located within the bounds of the City, being the south shore from the Digby Ferry Terminal to Black Beach in Musquash Harbour, with particular emphasis on the area extending from the Digby Ferry Terminal to Saint's Rest Beach. Mr. Richard summarized the recommendations relating to sewage, land use, geotechnical issues, access to and development and use of the beach, and environmental initiatives, as priorized in the Study; and requested that the City of Saint John agree to allow the commencement of dialogue which would investigate the advantage to the area of the proposed initiatives and, primarily, the formation of a beach commission as an improved means of integrated management for the beaches area. The Mayor thanked Mr. Richard for his presentation and advised that staff would be asked to carry out an indepth review of the Study and report to Council; and Mr. Richard responded to Council queries with respect to the Society's proposed action following its presentation of the Study to interested members of the public on March 31. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Norman W. Francis Ltd. be accepted for the provision of electrical maintenance services to City-owned buildings, for a period of twelve months, at the prices as indicated in the submitted bid summary. Mr. Logan confirmed that the above report inadvertently indicates that the total value for the 12-month period based on staff's recommendation is $19,900, plus taxes, and that it should indicate $31,900, plus taxes. Question being taken, the motion was carried. The Mayor advised that the City Solicitor has asked that Council consider the matter of property expropriation on Station and Carleton Streets prior to the award of the tender for the indoor pedestrian link between the Mercantile and Regional Exhibition Centres. Consideration was given to a report from the City Solicitor advising that, in accordance with Common Council resolution of August 31, 1992, amended 84-39 COMMON COUNCIL MARCH 29, 1993 September 28, 1992, the City of Saint John filed with the Expropriations Advisory Officer on February 17, 1993, a Notice of Intention to Expropriate two parcels of land, both fronting on the southerly side of Station Street and extending southwardly to the northern side of Carleton Street, and that the Expropriations Advisory Officer has advised that no Notice of Objection has been filed with him within the time prescribed by the Expropriation Act and also that the municipality may now proceed in accordance with Section 19 of the Act; and submitting a resolution for Council's adoption should Common Council wish to proceed. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely:- 'WHEREAS Common Council, by resolution dated August 31, 1992 amended September 28, 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; AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory Officer on February 17, 1993; AND WHEREAS 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 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 of the date of registration of the Notice of Expropriation if at that time no owner is in occupation of the land; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are not 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 date of registration of the Notice of Expropriation.". Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Meridian Construction, the low tenderer for the indoor pedestrian link between the Mercantile Centre and the Regional Exhibition Centre, indicated in fourteen areas "Own Estimate" in place of a subcontractor, and "Own Estimate" has been interpreted as meaning "Own Forces" and that, having been requested to provide evidence of his proficiency in each of the fourteen areas, the response was to submit a list of subcontractors for eleven sub-trades where he had previously indicated "Own Estimates"; also advising that this matter has been reviewed with the Legal Department which has indicated that the failure of the low bidder to provide the evidence of proficiency and instead provide a list of subcontractors showed the tender was incomplete in the first instance and should be rejected; and submitting a recommendation for the award of the tender. 84-40 COMMON COUNCIL MARCH 29, 1993 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for the construction of the indoor pedestrian link between the Mercantile Centre and the Regional Exhibition Centre be awarded to Maxim Construction Ltd. at the submitted price of $1,441,504, and that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the low tender of George Freeze Plumbing be accepted for the provision of plumbing maintenance, as required, to all City-owned buildings, at the prices as indicated in the submitted bid summary. Councillor Rogers asked for confirmation that George Freeze Plumbing is a Saint John firm and if his residence is in Saint John, to which Mr. Logan replied that the address the City has for George Freeze Plumbing & Heating is 40 Midwood Avenue, Saint John. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a report from the City Manager advising that four bids were received for the tender for the City's annual requirements of traffic paint and glass beads, that of Flex-O-Lite Ltd. being rejected as it did not comply with the tender requirements and therefore is deemed to be incomplete and, for the one item where I.C.1. Paints is tied for low bid, the product number was not submitted and therefore that item is incomplete and not acceptable; also advising that, once again, the Province of New Brunswick has indicated that all municipalities in the Province have the opportunity to purchase from its contracts and, for this reason, the Province's prices are included in the submitted bid summary and, as the Province does not have pricing on items #2 and #4, these items should be purchased from the low bidders; further advising that, by taking advantage of the Provincial offer, the City's cost for these products is reduced by $3,851.31; and submitting a recommendation with respect to the award of the tender. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, items 1, 3 and 5 of the tender for the City's 1993 paint and glass bead requirements be purchased at the prices supplied by the Province of New Brunswick, and items 2 and 4 be awarded to Laurentide Atlantic Ltd., at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Common Council resolution of March 1, 1993 regarding the subdivision and sale of the former walkway between Ocean Drive and Seaward Crescent; and advising that, while completing the survey for the subdivision, the surveyor found that a fence and part of the driveway owned by Mr. & Mrs. Charles Davis is encroaching on the walkway. The report also advises that, while Mr. & Mrs. Davis were not interested in acquiring a portion of the walkway, Mr. Davis has advised that he now wishes to acquire the portion of the walkway adjoining his property and has submitted a money order to pay for his portion of the survey costs; further advises that Walter Joyce, the owner of the adjoining property on the other side of the walkway, has been advised of the encroachment of the Davis property and has no objection to the sale of a portion to Mr. Davis; and submits a recommendation in this regard. 84-41 COMMON COUNCIL MARCH 29, 1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of March 1, 1993, concerning the sale of the former walkway between Ocean Drive and Seaward Crescent, be amended as follows:- (1) Section (1) be changed to read "the portion with a width of 7.5 feet adjoining Lot 24 Block A be sold to Walter and Helen Joyce; and (2) a new Section (4) be added as follows: "the portion with a width of 7.5 feet adjoining Lot 1 Block B be sold to Charles and Judith Davis.". Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the report from the City Manager responding to Council's request in Committee of the Whole on March 15 for staff to prepare a reply to a recent newspaper article concerning Deans Hill - be received and filed. Question being taken, the motion was carried. Read a report from the City Manager referring to Rocca Property Management Inc.'s application, which is on the agenda of this meeting, for the re-zoning of property at 610 Millidge Avenue, which provides for two alternative site plans, one of which indicates the use of an approximately 17,000 square foot portion of the City- owned Gorman Arena property for the development, for which the applicant has indicated a desire to lease or otherwise acquire; advising that the proposal requires that the City-owned lands forming part of the development also be re-zoned from "R-1A" to "B-2" and, for such re-zoning, it is necessary for Common Council to authorize the applicant to proceed with the re-zoning application; and also advising that, while initial discussions with various City departments indicate that there are some concerns about the proposed use of City-owned lands, it is anticipated that the issues can be resolved prior to a public hearing; and recommending that, in order to facilitate the scheduling of a public hearing at the earliest possible time, (1) Common Council authorize Rocca Property Management Inc. to proceed with the application for re-zoning of a portion of City-owned land and (2) the application of Rocca Management Property Inc. for re- zoning of 610 Millidge Avenue and the adjacent portion of the Gorman Arena property be referred to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized for a public hearing. Consideration was also given to the above-mentioned application of Rocca Property Management Inc. for the re-zoning of property at 610 Millidge Avenue. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council authorize Rocca Property Management Inc. to proceed with the application for re-zoning of a portion of City-owned land adjacent to the Gorman Arena. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Rocca Property Management Inc. for the re-zoning of 610 Millidge Avenue and the adjacent portion of the Gorman Arena property 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 May 10, 1993. Question being taken, the motion was carried. 84-42 COMMON COUNCIL MARCH 29, 1993 Read a letter from the City Manager submitting a report from the City Solicitor's Office advising of a request from Randall A. Hatfield, solicitor for the owners of 274 Tower Street, for a grant of easement to permit the encroachments of the building at 274 Tower Street upon Tower and Lancaster Streets; and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Chase 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 Garfield Meltzer and Jacqueline Meltzer, his wife, the present owner, to permit the encroachments of their building upon Tower Street and upon Lancaster Street, such easement to terminate with the destruction or removal of each encroachment. Question being taken, the motion was carried. Read a report from the City Manager commenting on the Housing Through Infill Development (HID) Program, the continuation of which has been reviewed by the Planning, Engineering, Finance, Building Inspection and Economic Development Departments; submitting a table summarizing the history of the program from 1987 to 1992, inclusive; and recommending continuation of the Program and its budget for 1993. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) the Housing Through Infill Development (HID) Program be continued for 1993; and (2) the budget of the 1993 HID Program be set at $300,000. 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 reports that it sat on March 22, 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, Mr. Gary Lawson be named as the City's nominee to the board of arbitration of Local No. 18 C.U.P.E. grievance 93-1 on behalf of Mr. Gary Hopey. 2. That as recommended by the Nominating Committee, the following appointments be made to the Saint John Harbour Bridge Authority: Edis Flewwelling for a term to expire December 31, 1994 (for the unexpired term of Grant Godfrey, who is not a City resident); and Owen Boyle for a term to expire December 31, 1993 (for the unexpired term of the late F. Dennis Boyle, Sr.). Respectfully submitted (sgd.) Elsie E. Wayne, C h air man. March 29, 1993, Saint John, N.B. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 84-43 COMMON COUNCIL MARCH 29, 1993 On motion of Councillor Coughlan 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 M. Vincent RESOLVED that the 1992 Annual Report of the Saint John Transit Commission be received and filed and the Commission be thanked. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the City of Saint John Environment Committee advising that, at its February 18 regular meeting, it resolved to receive and file the Common Clerk's letter of January 25 which cited Common Council resolution of January 18 concerning responsible pet ownership and attaching a copy of the City Manager's report in this regard, and to ask that Council reconsider the City Manager's recommendation and... "c) request that the Department of Municipal Affairs draft the necessary legislation" so that any municipality could create a stoop and scoop by-law - be received and filed. Councillor Coughlan advised that he is in support of Council reviewing the matter of the stoop and scoop by-law over the next year and that, while he does not wish to be part of creating another law, the fact that people are cognizant that there is a by- law in existence seems to result in them becoming more responsible. Councillor Landers expressed the opinion that Council should request the Legislature to address this matter in that it has been on the agenda of the Environment Committee for a long time and is a health problem, one which has been addressed by the Medical Health Officer and other people in the community. Deputy Mayor McAlary, in agreeing that a by-law should be considered in this regard, expressed the understanding that there was to be some publicity on this issue through the City's advertisement in the local newspaper, although she has not yet seen any advertising in this regard. Question being taken, the motion was carried with Councillors Coughlan, Landers, McAlary and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the 1992 Annual Report of the Saint John Aquatic Centre Commission be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from St. Peter's Home and School Association asking Council to review and ask the Recreation and Parks Departments to consider their denial of its request for a grant for funding in the amount of $7,900 under the Community Development Program for a playground at St. Peter's School - be referred to the City Manager. Question being taken, the motion was carried. 84-44 COMMON COUNCIL MARCH 29, 1993 On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the presentation on behalf of Western Beaches Preservation Society of the Report - "Study of Land Use And Management Within The Western Beaches Area", be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk