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1993-06-21_Minutes 84-166 COMMON COUNCIL JUNE 21, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of June, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, 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; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; D. Logan, Purchasing Agent; R. Pollock, Planner; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend William R. McMullen of St. George's Anglican Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on June 7, 1993, be approved. Question being taken, the motion was carried. The Mayor extended congratulations and best wishes to the high school graduates in the City; and encouraged Saint John citizens and businesses to hire students this summer in view of the unemployment rate for Saint John students in the month of May being 18.4%, 6.1 % higher than that of students of other cities in the Province of New Brunswick. The Mayor noted the plans for a June 29 rally in front of the City Hall building with respect to health care services, as well as the Festival of Light event commencing on July 1 through July 4 in Uptown Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the presentation by The Market Square Corporation of construction progress reports on the Imperial Centre for the Performing Arts (Bi-Capitol Project) and Harbour Station and a recommendation with respect to the tender award for the Harbour Station sound system, a letter from the City Manager recommending the appointment of a new Fire Chief, a report from the City Manager concerning the beach supervision proposal, and a report from the City Manager concerning debenture financing for Saint John Non-Profit Housing Inc. (which were considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend the definition of mobile signs and freestanding signs, permitting mobile signs in conjunction with convenience stores and in business and industrial zones, and adopting specific 84-167 COMMON COUNCIL JUNE 21, 1993 standards for mobile signs, to permit mobile signs in a greater variety of situations, 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 the previous report from the Planning Advisory Committee, which was considered by Council on May 10, recommending that Council adopt the following amendment to the Zoning By-Law:- (1) Section 840(2) be amended as follows: (a) adding the following definition: '''mobile sign' means a structure which is located on the ground but not permanently mounted on a foundation, which is capable of being easily relocated which contains or holds a sign and, which may have one or more faces"; and (b) amending the definition of "freestanding sign" to read" "'freestanding sign' means a structure which is located and permanently mounted on a foundation, attached to the ground containing or holding a sign."; (2) Section 810(2), Convenience Stores be amended by adding a new subsection 810(2)(g) to read: "(g) be permitted to have a mobile sign with a maximum of 10.0 square metres of sign face, subject to Sections 840(4) and 840(6)."; (3) Sections 840(3)(b), (3)(c)(i), (3)(d)(i), (3)(e), (3)(f), (3)(g), (3)(h), (3)(i), (3)0) and (3)(k) be amended by adding: "a mobile sign, subject to the requirements of subsection (6)."; (4) Section 840 be amended by adding a new subsection 840(6)(i), (ii) and (iii) to read: "(6) Mobile homes shall: (i) not exceed 10 square metres in total face area; (ii) not be located within the triangular area formed by the intersecting street lines and a line joining points on each street line, 3.0 metres from the said intersection of the street lines; (iii) not be located closer than 3.0 metres from the edge of a travelled vehicular driveway which provides access to a lot at the point where it abuts a front property line; and (iv) be limited to one per street frontage, except where the lot exceeds 75 metres of street frontage, a maximum of two mobile signs are permitted per street frontage."; (5) Section 840(4) be amended to add "and mobile signs" after freestanding signs; and (6) Section 840, subsections (6) to (11), inclusive, be renumbered by increasing each subsection by one. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Sections 840 and 810, with respect to mobile signs, 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 Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Sections 840 and 810, with respect to mobile signs, 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. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions attached to the October 7, 1974 re-zoning of 560 Somerset Street (NBGIC Number 52282), and the March 10, 1986 re-zoning of 600 Somerset Street (NBGIC Number 286047), to permit a revised proposal and to modify the existing conditions with respect to site improvements, to permit the use of the property for general warehousing, wholesale businesses and accessory uses, in addition to the present permitted use as an office, warehouse and garden centre for a landscaping business, as requested by Wm. P. Dowd & Sons Ltd., 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. 84-168 COMMON COUNCIL JUNE 21, 1993 Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 15 meeting at which Mr. Bruce Dowd appeared on behalf of the applicant and indicated that he had some concerns with part (b) of the proposed Section 39 resolution as recommended by the Planning Department because the City has not completed its own curbing and landscaping on Somerset Street; and that, after considering the submitted report and Mr. Dowd's comments, the Committee adopted a revised recommendation; and recommending that Common Council amend the conditions attached to the October 7, 1974 re-zoning of 560 Somerset Street (NBGIC Number 52282) and the March 10, 1986 re-zoning of 600 Somerset Street (NBGIC Number 286047), to read as follows:- (a) the use of the property shall be limited to a garden centre, general warehousing, wholesale business and accessory uses (including office uses); and (b) further development of either 560 or 600 Somerset Street shall be in accordance with a site plan, to be prepared by the proponent and approved by the Development Officer, indicating the location of buildings and structures, driveways, parking areas, outdoor storage areas and landscaped areas in accordance with Zoning By-Law requirements. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the October 7, 1974 re-zoning of 560 Somerset Street (NBGIC Number 52282) and the March 10, 1986 re-zoning of 600 Somerset Street (NBGIC Number 286047), to read as follows:- (a) the use of the property shall be limited to a garden centre, general warehousing, wholesale business and accessory uses (including office uses); and (b) further development of either 560 or 600 Somerset Street shall be in accordance with a site plan, to be prepared by the proponent and approved by the Development Officer, indicating the location of buildings and structures, driveways, parking areas, outdoor storage areas and landscaped areas in accordance with Zoning By-Law requirements. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent 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 attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit the installation of additional facia signage on the side of the building, as requested by Bolands Limited, 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 submitting a copy of the Planning Department's report considered at the Committee's June 15 meeting at which Mr. Don Earle appeared on behalf of the applicant and no one appeared in opposition to the application and no letters were received either in favour of or against the proposal; and recommending that the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), be amended to permit two facia signs, one to advertise postal service and the other for CIBC instabank machines, as per submitted plans. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 84-169 COMMON COUNCIL JUNE 21, 1993 18275), be amended to permit two facia signs, one to advertise postal service and the other for CIBC instabank machines, as per submitted plans. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Valerie Evans Enterprises advising that Curator Tours provides guides for bus tours of Saint John to passengers of the cruise ship "Regal Empress" which is scheduled to make fourteen visits to Saint John, and the two locations most requested by the visitors are Reversing Falls and the City Market; also advising that, due to the time of the ship's arrival, visiting the City Market creates a problem because the Market closes at 5:30 p.m.; and asking if there is any possibility that the Market could be left open later on the nights the ship is in port -- be referred to the City Manager for action. Councillor Coughlan withdrew his initial motion to refer the above matter to the City Manager and appropriate staff upon Mr. Robichaud's indication that, according to Mr. Morrison, there would be no additional cost involved to have the Market open so that cruise ship passengers could tour it; therefore, if Council would like, it could pass a resolution to the effect that staff could go ahead with the understanding that it can deal with the security issue; and he clarified that, if staff is unable to work out something with the Market tenants first with respect to security, he expects that staff would report back to Council if it is necessary to hire security; however, there is an employee at the Market during those periods and it may be security enough if he is able to guide the persons through the Market. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that the report from Councillor Knibb, Chairman of the Saint John Youth Working Group, commenting on the Group's activities since its formation at the beginning of 1993 -- be received and filed. Councillor Knibb advised that the young people on the Youth Working Group are both responsible and creative in their ideas, and he commended Messrs. David O'Toole and Darren Lamb of the City's Recreation Department who have been helping in the process; and noted that the main concern is the provision of a special teen centre exclusive to the age group of 15 through 19, with youth employment being a second concern, and special events like carnivals and concerts being a third concern. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that the letter from Deputy Mayor McAlary advising that it has been brought to her attention by several citizens that skateboards are being used on public property areas, particularly in the City core, such as King's Square, Loyalist Plaza, the Boardwalk around the Hilton Hotel and in front of City Hall; and recommending that, as the By-Law that is presently in place does not prohibit the use of skateboards in these areas, the By-Law be reviewed and, in the 84-170 COMMON COUNCIL JUNE 21, 1993 meantime, an attempt be made through publicity to appeal to the skateboard operators to stay out of these areas for the safety of others -- be referred to the City Solicitor for a report to Council. Question being taken, the motion was carried. Messrs. H. Meinhardt, Chairman; J. Shackleton, General Manager; and S. Appleby, Assistant General Manager, of The Market Square Corporation were present at the meeting, and Mr. Meinhardt addressed Council and, referring to the 1992 Annual Reports of The Market Square Corporation and the Market Square Parking Garage which are on the agenda of this meeting, read the Chairman's Remarks from these Reports. Mr. Meinhardt also read the Construction Progress Reports on The Bi- Capitol Project Inc.'s Imperial Centre for the Performing Arts, and on the Saint John Regional Exhibition Centre project, Harbour Station; and, in response to Council queries, advised that the present contract with Meridian Construction for the Imperial Centre for the Performing Arts should be completed in January, with the opening date expected to be in April 1994; and, with regard to Harbour Station, advised that the project is about 75 per cent complete and, while it is currently a couple of weeks behind schedule, the Corporation is confident that, with the continued co-operation of Meridian Construction, the building will be completed for the grand opening scheduled for October 2, 1993, as will the pedway. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by The Market Square Corporation, the Mayor and Common Clerk be authorized to execute a contract on behalf of the City with Security Information Systems, in the amount of $314,745.30 (including taxes), for the sound system at Harbour Station, subject to the corrections to the contract suggested by Atlantic Acoustical Consultants being made and a review as to legal form and content by the City Solicitor. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the 1992 Annual Reports of The Market Square Corporation and the Market Square Parking Garage be received and filed. Question being taken, the motion was carried. The Mayor, in noting Fire Chief R. McDevitt's presence in the Council Chamber, advised that this will be Chief McDevitt's last Council meeting as he is retiring, and she extended best wishes to him and his wife in his retirement. With regard to the City Manager's letter concerning the appointment of a Fire Chief, Mr. Brown recommended that Mr. Paul Glendon Tait be appointed to the position of Fire Chief, effective July 1, 1993, at a salary of $68,650 per year. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Mr. Paul Glendon Tait be appointed to the position of Fire Chief, effective July 1, 1993, at a salary of $68,650 per year. Councillor Rogers expressed disagreement with the process used with respect to the above position in that it, in her opinion, for all intents and purposes, has taken away any legitimate input Council may have, other than to "rubber stamp" the recommendation of the City Manager; stated that, with all due respect to Mr. Brown and the interviewing board, the board lacked any technical expertise; and made the observation that Council is indeed hiring an administrator, but one that is looking after a 84-171 COMMON COUNCIL JUNE 21, 1993 highly-technical Department. Councillor Rogers, having noted Council appointments during her term on Common Council which Council interviewed, suggested that Council could have at least interviewed the top candidate for this important position and had more input to the process. The Mayor clarified that the majority of Council agreed to the process which was submitted by the City Manager, and that it is the City Manager's job and his job description demands that he bring a recommendation to Council for this position and, if Council does not agree with the recommendation, Council can call for interviews itself, and concluded that the City Manager has followed the policy and Council adopted the format for the process. Question being taken, the motion was carried with Councillor Rogers voting "nay". Consideration was given to a report from the City Manager referring to Common Council resolution of October 5, 1992 requesting the New Brunswick Municipal Finance Corporation to finance $750,000 on behalf of Saint John Non-Profit Housing Inc. in the form of 1 O-year debentures; advising the two ways this request can be satisfied and that the Directors of Saint John Non-Profit Housing Inc. have requested that the debenture be issued in their name and that the City provide the necessary guarantee; and submitting a recommendation in this regard. The Mayor advised that the amount now required is $725,000, rather than $750,000 as noted above. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council resolution of October 5, 1992 related to debenture financing for Saint John Non-Profit Housing Inc. be amended by adding the following: "AND FURTHER that the City will provide a guarantee of payments in a form acceptable to the New Brunswick Municipal Finance Corporation". 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 certificate, namely:- 1. Contract PC000008450 Atlantic Building Contractors Ltd. Construct building - North Works Depot Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated June 9, 1993 Holdback release. $164,230.00 166,102.50 Nil 137,872.00 $ 28,230.50 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC000009037 R. A. Woods Construction, Ltd. Interior Renovations - 5th Floor, City Hall 84-172 COMMON COUNCIL JUNE 21, 1993 Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated June 9, 1993 Holdback release. $32,340.00 33,317.80 Nil 26,543.00 $ 6,774.80 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 certificate, namely:- 1. Contract PC000009038 Security Electrical Ltd. - Electrical Renovations Works Department Garage - Rothesay Avenue Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated June 9, 1993 Holdback release. $69,900.00 75,441.74 Nil 64,956.74 $10,485.00 Question being taken, the motion was carried. Read a report from the City Manager advising that the New Brunswick Municipal Finance Corporation is planning a bond issue later this month and, while the issue will not be sold until the Corporation feels that rates are reasonable, it provided ranges within which the issue could be sold as follows:- interest rate - not to exceed 8.50%; price, net - not to be less than $98.00 per $100.00 of debenture; and term - serial form to mature in equal amounts over a term not to exceed 10 years; and recommending adoption of the submitted resolutions as the City has a need to borrow $13,680,000 as reported to Council on May 26. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND: Protective Services AS400 redundancy $46,618; Fire Station #1 $35,690; Fire Station #2 $11,715; Fire Station #4 $10,597; Fire Station #6 $38,236; Fire Station #8 $49,165; Hazardous Materials Vehicle $63,601; North End Fire Station $720,112; Opticom Traffic Light System $40,592; and West Fire Station $304,674 -- $1,321,000 Transportation Services Arthurs Road $16,664; Bleury Street $104,819; Bradley Lake Road $20,587; Busby Street $18,552; Champlain Drive $30,358; Chipseal (Various) $23,032; City Line $66,369; Coburg Street $16,130; Connors Street $17,124; Cracksealing (Various) $20,893; Cranston Avenue $89,656; Crowley Road $14,165; Dufferin Row $90,434; Duke Street Central $17,805; Glen Road $41,679; Golden Grove Road $138,131; Goldsworthy Road $13,072; Green Street $20,783; Hillcrest Road $64,476; Main Street North $122,178; McAllister Drive $274,145; Mt. Loyal Roadway $18,234; Municipal Operations Complex $72,330; Orange Street $127,165; Park Avenue $74,833; Sand 84-173 COMMON COUNCIL JUNE 21, 1993 Cove Road $34,360; St. George Street West $49,388; St. John Street West $47,769; Thorne Avenue $52,243; Union Street $26,532; Woodville Road $60,698; Works Complex East $89,211; Works Complex North $162,886; Works Complex West $27,299 -- $2,064,000 Environmental Development City Market $1,118,320; Housing Infill Development $10,045; Loyalist Place New Construction $5,933; Pedway - Exhibition Centre to Mercantile Centre $45,894; Saint John Regional Exhibition Centre $3,600,000; Subdivision Cost Sharing $229,958; Tourist Bureau $25,850 -- $5,036,000 Recreation & Parks Belyea Arena $6,695; Carleton Community Centre $42,350; City Market Systems $14,329; Fisher Lake $357,440; Forest Glen Community Centre $ 3,850; Golf Clubhouse Systems $1,960; Gorman Arena $64,123; Hurley Arena $6,695; Lancaster Arena Interior $63,253; Landscape Market Square $21,481; Maintenance Building Adelaide Street $33,467; Millidgeville Centre $109,865; North End Community Centre $14,686; Old Provincial Building $20,024; Playground & Community Development $177,921; Shamrock Park Systems $20,169; Simonds Arena $20,692 -- $979,000 Public Transit -- $1,600,000 Total General Fund -- $11,000,000 WATER & SEWERAGE UTILITY Water System Charlotte Street $43,300; Connors Street $46,323; Dead End Elimination Program $16,365; Duke Street West $60,230; Lead Services $82,722; Ludlow Street $36,998; Main Street North $104,986; Mount Pleasant Avenue (Central) $90,089; Newman Street $16,556; Pokiok Road $19,327; Spruce Lake Screens $31,154; Station Street $164,234; Union Street $56,845; Victoria Street $61,050; Watershed (Loch Lomond) $39,681; Woodville Road $22,140 -- $892,000 Sewer System Boars Head Road $51,191; Burpee Avenue $33,194; Central Avenue $4,108; Charlotte Street $27,863; City Line $21,095; Connors Street $74,943; Duke Street Central $87,378; Expansion Drive $46,370; Fundy Drive $24,912; Glen Falls Lift Station $78,017; Harbour Wastewater Study $194,128; Kennedy Street $95,524; Local Drainage $38,896; Ludlow Street $89,758; Main Street North $138,998; Manawagonish Road $147,520; Millidgeville Sewage Treatment Plant $31,904; Mount Pleasant Avenue Central $129,023; Newman Brook Trunk $142,049; Todd Street $22,394; Union Street $81,262; Victoria Street $102,104; Westmorland Road $95,940, Woodville Road $29,429 -- 1,788,000 Total Water & Sewerage Utility -- $2,680,000 Total for all purposes -- $13,680,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $13,680,000: AND BE IT FURTHER RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $13,680,000 on such terms and conditions as are recommended by the Corporation: 84-17 4 COMMON COUNCIL JUNE 21, 1993 AND FURTHER that the City of Saint John agree to issue post dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipal Affairs: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98.00 per $100 of debenture, at interest rates not to exceed an average of 8.50% and at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue for approval by Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Apex Machine Works, in the amount of $23,052 (all applicable taxes included), be accepted for the supply and installation of new overhead doors at the Rothesay Avenue Works Depot, the Simonds Arena, the Belyea Arena and the Gorman Arena. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Atlantic Tractors and Equipment Ltd., in the amount of $14,868.12 (taxes extra), be accepted for the supply of one set of Replacement Caron #1181-39A pin-on wheel caps for the Caterpillar Model 816A landfill compactor. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that two tenders were received for contract 93-11, Park Street pump station - new pumps, as follows: Beattie Construction Services Ltd. in the amount of $26,947, and Security Mechanical Ltd. in the amount of $27,894, and that staff discovered a significant error in the tender of Beattie Construction Services Ltd. in that, while the tenderer was required to provide unit prices for two different items, it failed to do so, simply providing a total price to which the contingency allowance is then added; and explaining that, although the price tendered for the work appears appropriate, the failure to provide unit prices as required by the tender documents is, in a unit price contract, considered to be a very significant omission, and staff therefore recommends that this tender be declared informal and be rejected; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) the tender of Beattie Construction Services Ltd. for contract 93-11 be declared informal and be rejected; and (2) contract 93-11, Park Street pump station - new pumps, be awarded to Security Mechanical Ltd., at the bid price of $27,894 as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager regarding Gordon Hunt's request to rent land in Rockwood Park to conduct pony rides, which was considered by Council on May 17. Mr. Brown advised that the recommendation should include the dates 84-175 COMMON COUNCIL JUNE 21, 1993 July 1 to September 30, 1993. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) Mr. Gordon Hunt be given permission to operate a pony ride concession in Rockwood Park in a location near the barns as mutually agreed upon with City staff from July 1 to September 30, 1993; (2) Mr. Hunt pay the City a concession fee of $100 for one year of operation; (3) permission be given to conduct the pony rides for one year and the operation be reviewed prior to any further commitment; (4) Mr. Hunt provide the necessary insurance and be responsible for any damage caused as a result of the pony ride operation; and (5) the City Legal Department draft the necessary documents for a concession contract between Mr. Hunt and the City of Saint John. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that staff has recently been contacted by the Irving interests and City Transit who, because of the extremely successful attraction the Irving Nature Park has become, are attempting to arrange a bus service for citizens and tourists to the Park available for July 1, and the Transit Commission has stated it cannot participate until a dust-free upgraded road surface is in place on Sand Cove Road; explaining that, if this project were to follow the normal process of public tender call, it is projected that completion of the work could not be accomplished before mid-August and, due to the timing concerns and the nature of the chipseal contract history, staff, being willing to suggest a different approach to the work on Sand Cove Road, approached both Atlantic Colas Limited and Industrial Cold Milling Ltd. which have been the only respondents to the City's tender call since 1983, and requested a price to perform the required work on Sand Cove Road outside the normal tendering process, the value of the chipseal portion of the project being approximately $20,000; and also advising that Industrial Cold Milling Ltd. thanked the City for the opportunity to quote but advised that it is unable to quote at this time, and Atlantic Colas Limited is willing to do the work at the same price and under the same conditions as last year's contract 92-15, as additional work; and recommending that this report be received and filed and staff be instructed to proceed as outlined herein. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the above report be received and filed and staff be instructed to proceed as outlined therein. Question being taken, the motion was carried. Read a report from the City Manager advising that 2892561 Canada Inc. (Happy Buddha Buffet) has applied to the Liquor Licensing Branch for a dining room license for a proposed Chinese restaurant in the Loch Lomond Mall, such property designated District Centre Commercial by the Municipal Development Plan and lies within the "SC" Shopping Centre zone; also advising that the Zoning By-Law permits a restaurant with a dining room license to be located wherever a restaurant is listed as a permitted use, with no additional restrictions, and the "SC" zone provisions permit a restaurant as part of a shopping centre development; therefore, the proposed licensing of this facility as a dining room conforms to the Plan and the By-Law. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council give its approval for the operation of the proposed licensed dining room in the Loch Lomond Mall, 120 MacDonald Avenue, which is the subject of an application to the Liquor Licensing Branch by 2892561 Canada Inc. (Happy Buddha Buffet). 84-176 COMMON COUNCIL JUNE 21, 1993 Question being taken, the motion was carried. Read a report from the City Manager referring to the recommendation to Committee of the Whole on June 14 for a storm sewer easement across the property of Mrs. Bernice Nichols at 11 Charles Street, and advising that the description of the easement requires amendment by Council as the recommendation for the easement to be along the southerly boundary of the property would place it over the other easement, and the intent was that the storm sewer easement would be along the northerly boundary of the other easement; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a 15-foot wide easement for a storm sewer be acquired on the property at 11 Charles Street from Mrs. Bernice Nichols for a price of $1.00 with the City being responsible for all survey and legal expenses required to complete the transaction, the easement to be located along the northern side of a 1 O-foot waterline easement that runs along the southerly side of the property.". Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to Common Council resolution of June 7, 1993 concerning a change in the name of the party purchasing the City land on Dexter Drive from Carl Blanchard to Steven Leavitt, the Legal Department has advised that a further change is required as it cannot transfer the property at this time because it would not be in conformity with Common Council resolution of March 1, 1993 which required the walkway to be transferred within 30 days of the official closing of the walkway, which was May 3, 1993, so the 30 days has passed and a change in date is required; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council resolution of March 1, 1993, concerning the sale of the property at 140-150 Dexter Drive, be amended by changing section 2.4 to read that the transfer of the property will take place on or before July 31, 1993. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the details of an application from Mr. Joseph (Kevin) Murphy for Housing Through Infill Development funding for a two-family dwelling to be constructed at 340 Lowell Street; and recommending approval of H.I.D. funding. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council approve a Housing Through Infill Development grant for Mr. Kevin Murphy in the amount of $15,780, for the construction of a two- family house at 340 Lowell Street, subject to approval of plans and specifications by the Director of Housing and Property Management. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the details of an application from Bruce and Kim Thorne for Housing Through Infill Development funding for a one-family dwelling to be constructed at the recently-created building lot at 30 Newman Street; and recommending approval of H.I.D. funding. 84-177 COMMON COUNCIL JUNE 21, 1993 On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council approve a Housing Through Infill Development grant for Mr. and Mrs. Bruce Thorne in the amount of $9,135, for the construction of a one-family house at 30 Newman Street, subject to approval of plans and specifications by the Director of Housing and Property Management. Question being taken, the motion was carried. Read a report from the City Manager submitting a report from the Legal Department advising of a request from Mr. John G. Riley, solicitor for the owners of 8 Edith Avenue, for a grant of easement to permit encroachment of the building at 8 Edith Avenue upon Edith Avenue; and recommending adoption of the submitted resolution in this regard. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of one ($1.00) dollar, to execute a grant of easement in favour of Geo. 1. Kerr and M. Vivian Kerr, his wife, the present owners, to permit the encroachment of their building upon Edith Avenue, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that Constable John Richardson has applied for an extension of his previously-approved general leave of absence under section 24:03 of the Local No. 61 collective agreement and that he is approving this extension under article 24.03 as requested by Constable Richardson and recommended by Police Chief David Sherwood, having discussed this matter with the City Solicitor; and concluding that, once approved by the City Manager, the collective agreement with Local No. 61 requires him to bring the matter to Council for its automatic granting of approval -- be received and filed and Council approve an extension to the general leave of absence for Constable John Richardson until September 20, 1993. Mr. Brown advised that the date for the extension is until September 20. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the low tender of Grove Construction be accepted for the provision of utility cut repairs resulting from excavations carried out by the Water and Sewerage Utility for the balance of the 1993 construction season, at the unit prices bid as indicated in the submitted bid summary. Councillor Knibb noted the approximate six-inch to a foot indention in the recently-excavated portion of Union Street adjacent to the Mercantile Centre, and asked if any of the estimated total value of the work of $144,686 will be recouped; to which Mr. Robichaud replied that staff will deal with the contractor on June 22 relative to the cut on Union Street; and Mr. Butler advised that, while a number of the cuts represent routine work carried out by the Utility and the Utility would cover the full cost, 84-178 COMMON COUNCIL JUNE 21, 1993 some of the reinstatements are due to new services being installed where the owner takes out a permit fee at a cost of $1,800, so the City does get part of that paid for by the person who takes out the permit. Question being taken, the motion was carried. Read a report from the City Manager submitting a request from the Promotions Chair of the 1993 Canadian Little League Championship Tournament to be held in Saint John from August 13-20 for the waiver of the rental fee of the Lily Lake Pavilion; citing the April 8, 1991 policy with respect to the use of City facilities, and advising that the City, through the Major Tournament Committee, provided $350 to the organizers of this event in 1992 to assist with its bid presentation. The report recommends that, consistent with Council's approved policy of April 8, 1991 and Council's decision of April 5, 1993 in open session to fund only requests which are covered by Council-approved policy, the City advise the organizers of the 1993 Canadian Little League Championship Tournament that it is not prepared to waive the fee for the use of the Lily Lake Pavilion. A motion was proposed by Councillor Knibb and seconded by Councillor Coughlan to adopt the above recommendation. During discussion Deputy Mayor McAlary expressed the opinion that, as there are so many young people involved, Council should make an exception to the policy and proposed that a grant be given; and Councillor Landers agreed to second such a motion, whereupon the Mayor suggested that the matter could be tabled and referred to the Major Tournament Committee to deal with the Little League to determine its exact needs; and Councillor Coughlan withdrew as seconder of the proposed motion. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the above matter be referred to the City Manager and the Major Tournament Committee. Question being taken, the motion was carried. Read a report from the City Manager submitting a request from the General Manager of Festival By The Sea - Festival Sur Mer, Inc. for a waiver of the rental fee of the Lily Lake Pavilion on August 7; citing the April 8, 1991 policy with respect to the use of City facilities; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, consistent with Council's approved policy of April 8, 1991 and Council's decision of April 5, 1993 in open session to fund only requests which are covered by Council-approved policy, the City advise Festival By The Sea - Festival Sur Mer, Inc. that it is not prepared to waive the fee for the use of the Lily Lake Pavilion. Question being taken, the motion was carried with Councillor Rogers voting "nay". The Mayor asked that, although Council added the City Manager's report on beach supervision proposal to the agenda for consideration at this time, the report be considered in conjunction with the Committee of the Whole recommendation in this regard later in the meeting. (Councillor Gould withdrew from the meeting as he was not present for the June 7 public hearings relative to a proposed Municipal Plan amendment and re- zoning of 13-15 Main Street, a proposed Zoning By-law text amendment with respect to 532 Rothesay Avenue, and a proposed Municipal Plan amendment for property adjacent to Midwood Avenue and Bayside Drive.) 84-179 COMMON COUNCIL JUNE 21, 1993 On motion of Councillor Knibb Seconded by Councillor Chase 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, the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from Mixed Use (Residential and Commercial) to Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-315 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from "BR" Business Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to a condition limiting the use of the property to a church and parsonage. The by-law entitled, "By-Law Number C.P. 100-315 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-316 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) renumbering Section 630(2)(c) as Section 630(2)(c)(i); and (2) adding a new Section 630(2)(c)(ii) to read: "notwithstanding (i) or (d) a beverage room, club or lounge may be located at 532 Rothesay Avenue (NBGIC Number 303610).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-316 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor 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 area of approximately 36 hectares (88 acres) located adjacent to Midwood Avenue and Bayside Drive, having NBGIC Numbers 346445 and 348474 (part), from Low Density Residential to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Councillor Landers re-iterated her objection to enacting the above By- Law prior to the completion of the Environment Impact Assessment. 84-180 COMMON COUNCIL JUNE 21, 1993 Question being taken, the motion was carried with Councillor Landers voting "nay". (Councillor Gould re-entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the City Manager be asked, with the appropriate staff, to look into the process and prepare for Council's consideration within a sixty day period changes to existing legislation to eliminate the necessity of by-laws being read in entirety prior to third reading. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the May 10 public hearing with respect to the proposed re-zoning of 610 Millidge Avenue). Consideration was given to the previous report from the Planning Advisory Committee, which was considered by Council on May 25, recommending denial of the application of Rocca Property Management Inc. for the re-zoning of 610 Millidge Avenue, such matter having been tabled at the May 10 public hearing with no readings given, and the matter subsequently referred to the City Solicitor on May 25 for a report, with the City Solicitor's report having been submitted to Council in Legal Session on June 14, 1993. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the report from the City Solicitor concerning the property at 610 Millidge Avenue, which was considered in Legal Session of Council on June 14 be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Consideration was given to above-mentioned report from the City Solicitor regarding the application of Rocca Property Management Inc. for the re-zoning of a parcel of land at 610 Millidge Avenue, which was referred by Council in open session on Tuesday, May 25 to the City Solicitor for a report to Council, the public hearing having been held on May 10 and the matter tabled with no readings given; and, concerning CN Real Estate's threat of a legal action against the City if the City chooses not to re-zone the property in conformity with the Municipal Plan in that CN acquired the land from the City in 1990 as part of a land exchange at which time an independent land appraiser for the City placed a value on the land based on the potential for commercial use as envisaged by the Municipal Plan, expresses the opinion that CN Real Estate has no cause of action against the City under contract or agreement to re- zone the land, and the land exchange between the City and CN Real Estate was action by the City in exercising its corporate business powers and did not fetter in any way the discretionary legislative power of the Council to re-zone or not re-zone at a future time. The report explains how, in turning to the re-zoning application itself, the issues that arise in the circumstances of this case are not the same as an ordinary re-zoning and Municipal Plan amendment when taken together; expresses the opinion that, if Council accepts the recommendation of the Planning Advisory Committee, denies the re-zoning and does nothing more, the applicant will succeed in his development either through the court, the Provincial Planning Appeal Board, or the Minister of Municipalities, Culture and Housing, the latter mentioned because, under Section 91 of the Community Planning Act, the Minister may order a municipality to conform to its Municipal Plan; advises that, while the proposed re-zoning from "R-1A" Residential to "B-2" is a zone that will conform to the Municipal Plan, there may be other zones that also conform to the Municipal Plan, and what the appropriate zone is a planning matter and not a legal question; and concludes that, if Council does not proceed with the re- zoning application before it and commences the process to consider another zone, Council's action should be done in good faith and with dispatch, and also that, under 84-181 COMMON COUNCIL JUNE 21, 1993 Section 74 of the Community Planning Act, Council can commence the necessary proceedings to consider amending the Municipal Plan. Consideration was also given to a petition for the re-zoning as a greenbelt the land on the northeast corner bounded by University and Millidge Avenues, and demanding that the residents of the area be polled on this matter in accordance with their democratic rights to have a voice in developments affecting their environment. At the request of the Mayor for the City Solicitor to explain the contents of his above report, Mr. Rodgers explained that, of the many services that Council provides, there are two particular services that the Province has not given the City full authority with which to deal, one being policing which is controlled by the Police Act and one is planning which is controlled by the Community Planning Act; and re-iterated his observation made at the May 10 public hearing that, while the application is not an automatic approval, it is not an application which Council has the luxury and the freedom to not deal with at all like Council does with some applications, for the reason that the Community Planning Act indicates that the Zoning By-Law forms part of the Municipal Plan and the Act also requires Council to bring its Zoning By-Law in conformity with the Plan. Mr. Rodgers also explained that, once the Community Planning Act and its amendments came into existence in the 1970s giving municipalities the right to go beyond Zoning By-Laws and bring Municipal Plans into existence, Council chose, as a decision, to get involved with the adoption of a Municipal Plan and further refined the Municipal Plan by adopting the Millidgeville Secondary Plan that became part of the law; and, with respect to the question of what happens when the Zoning By-Law is not in conformity with the Plan which arose on many occasions around the Province after municipal plans were put in effect in the 1970s, the question was resolved in 1983 through legislation which said that, if there was a conflict between the Municipal Plan and the Zoning By-Law, then the Municipal Plan was to prevail. Mr. Rodgers made the observation that what is before Council at this time, as he understands from the Planning staff, is an application for a re-zoning of the subject property that conforms with the Municipal Plan, the process has been followed through, the public hearing has been held, and the Planning Advisory Committee has given its views on this matter which is before Council for a decision; and, with respect to the matter of an appropriate zoning to conform to the Municipal Plan being a planning question, explained that, while "B-2" is a zone that would conform with the Plan, if there are other zones which would conform with the Plan, then it would be up to the Planning staff to come forward for Council to consider that, and that has not occurred up to this time. Mr. Rodgers concluded that Council does not have much discretion in this matter unless it does take positive steps to do something that brings the Zoning By-Law and the Municipal Plan in conformity, and the subject application is the only thing Council has before it. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 610 Millidge Avenue (NBGIC Number 55062251 and part of NBGIC Number 42036), located at the corner of Millidge Avenue and University Avenue, from "R-1A" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act restricting the subject area from the following businesses: a beverage room, club or lounge, a gas bar, a car lot, a tavern, a motel, a second-hand store, a taxi business, a billiard hall, and a drive-in restaurant, and that the applicant meet with the Planning Department prior to third reading to have an opportunity to agree to these restrictions, be read a first time. In response to Councillor Landers, Mr. Bedford commented on the process followed and community input with respect to the Millidgeville Secondary Plan, and Mr. Rodgers confirmed that Council has the right in the circumstances to go so far as to have the appropriate Planning staff discuss with the applicant the proposed Section 39 conditions and get the applicant's response prior to third reading. Councillor 84-182 COMMON COUNCIL JUNE 21, 1993 Coughlan asked the procedure to maintain the property in a residential zoning, to which Mr. Rodgers replied that, while there are provisions in the Community Planning Act for Council to amend the Municipal Plan, whether the Plan should be amended or what the zone should be to comply with the Plan is a planning question; and he cautioned Council that, if it proceeds in any other way than a "B-2", then it should proceed on a basis of some objective Planning standards that arise from somewhere to show that it is in the interests of the community to make these valid changes and it is not being done for the purpose of stopping an individual applicant; in other words, it has to be done in good faith and with objective standards in mind that now is the time to make a change to the Plan or bring in some other zone that conforms with the Plan. Councillor Gould advised that, while personally he is in favour of adopting the recommendation of the Planning Advisory Committee to deny the application, if it is deemed that the above motion is desirable, because of any legal position Council may find itself in, then he would have to compromise his position to salvage as much protection as he can for the residents of Millidgeville. Councillor A. Vincent asked, in view of the above-proposed conditions, what can be put on the property, to which the Mayor replied that her understanding of the intent of the proposal is for a doctors' office, a hairdressing shop, a video store and a Tim Horton Donuts, and Mr. Rodgers made the assumption that this would in no way alter the proposal brought forward by the applicant. 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 Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 610 Millidge Avenue (NBGIC Number 55062251 and part of NBGIC Number 42036), located at the corner of Millidge Avenue and University Avenue, from "R-1A" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act restricting the subject area from the following businesses: a beverage room, club or lounge, a gas bar, a car lot, a tavern, a motel, a second-hand store, a taxi business, a billiard hall, and a drive-in restaurant, and that the applicant meet with the Planning Department prior to third reading to have an opportunity to agree to these restrictions, be read a second time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 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 McAlary RESOLVED that the above report from the Planning Advisory Committee regarding the proposed re-zoning be received and filed, and the City Solicitor's report and the petition be referred to the Planning Department. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports 84-183 COMMON COUNCIL JUNE 21, 1993 Your Committee reports that it sat on June 7, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, 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, Bryce Beyea be advised that the City has no interest in the acquisition of the 80 acres of land in the vicinity of Buck Lake off Grandview Avenue that he has offered for sale. 2. That as recommended by the City Manager, Mr. Michael Murphy, operator of Cones Ice Cream Ltd., be advised that, since he does not intend to operate the ice cream kiosk in the Market Slip area in 1993, the building is to be removed by June 24, 1993, and further that, if not removed by that date, the necessary action be taken to have it removed. 3. That as recommended by the City Manager, the job title of Stenographer II in the Mayor's Office be redesignated to Administrative Assistant/Secretary. June21,1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 1 of the above report. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that section 2 of the above report. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 3 of the above report. 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 June 14, 1993, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, (1) the following appointments be made to the Appeals Committee - Water & Sewerage Rates for a one year term: Councillor Derek Chase (Chairman), Deputy Mayor McAlary, and Councillor M. Vincent; (2) J. Gerald Baxter and Sharon Woodhouse be re-appointed to the Aquatic Centre Commission for a term of three years effective July 1, 1993; and (3) Dayle Messer and Patricia Hawkins be re-appointed to the Saint John Transit Commission for a term of three years, effective July 1, 1993. 84-184 COMMON COUNCIL JUNE 21, 1993 2. That as recommended by the City Manager, Mrs. Mary McGraw of 327 Summit Drive be advised that the portion of City-owned land to the rear of her property is not available for sale at the present time. 3. That as recommended by the City Manger, the proposal of the YM- YWCA, in the amount of $59,946.84 (all taxes included) be accepted for the provision of life guard services for 1993. 4. That as recommended by the City Manager, Common Council approve the submitted Human Resources Policy #811, "Recognition for Extraordinary Time Requirements" . June21,1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. With regard to section 1, the Mayor advised that Dr. Doris Ryan, whose appointment to the Greater Saint John Regional Exhibition Centre Commission was recommended by the Nominating Committee and approved in Committee of the Whole on June 14, has agreed to accept the appointment. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 1 of the above report be adopted: AND FURTHER that as recommended by the Nominating Committee, Dr. Doris Ryan be appointed to the Greater Saint John Regional Economic Development Commission. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted: AND FURTHER that report from the City Manager regarding the beach supervision proposal, commenting on the provision of life guard personnel to supervise City beaches prior to and after the official opening of the Canada Games Aquatic Centre on January 25, 1985, as well as on the four proposals and the costs associated with each of the four proposals submitted in response to the City's call for proposals for the provision of life guard services at City beaches following the Aquatic Centre Manager's request for the City to look elsewhere for the provision of this service; and recommending that Council's decision to accept the YM-YWCA proposal be ratified -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 4 of the above report be adopted. 84-185 COMMON COUNCIL JUNE 21, 1993 Mr. Brown noted that the proposed Policy would recognize extraordinary overtime requirements for the middle management group and is the final matter to be addressed resulting from the issues raised by the middle managers in a letter to former City Manager G. Taylor, on January 20, 1991, and this particular issue has been the subject of a number of reports to Council in Committee of the Whole, and also noted that the only managers proposed to be included in the Policy are in Management Grade Level 5 and below and no senior managers are included in the Policy, nor is it intended in the future to make any recommendations to Council to expand the Policy and, of 115 management positions, 26 positions are covered by Policy #811. Mr. Groody explained that the proposed Policy involves not an issue of overtime in that all members of management staff have to work a certain amount of overtime as part of their job and covered within the salaries of the positions, but an issue of extra time beyond that which is expected of every other management job involving responding to service needs in the middle of the night, on weekends and holidays thereby making a contribution to the City at a cost to themselves and their families in terms of lost time and so on; and that the Policy proposes a solution to the issue through a system of classification recognizing front line managers at the Grade 5 Level and below who are required to consistently respond to service needs outside of normal business hours through additional compensation provided only for time required beyond that reasonably expected of every management job. Mr. Groody advised that the proposed Policy is applicable to all departments; however, due to the nature of the City's public works, the Policy will affect primarily Municipal Operations staff and, occasionally where a very large amount of overtime is required of a job, others could be affected; and that the designation of eligible jobs is approved by Council, with the City Manager to then determine the appropriate compensation level in accordance with the provisions of the Policy; and also advised that the overall cost associated with the Policy would be 130 days off work in lieu of the extra time worked for 26 members of junior management, plus approximately $31,000 in compensation allowances for 21 of those people. Councillor Rogers spoke in opposition to the recommended Policy on the basis that the managers, when hired, knew what was expected of them in their jobs; the additional cost has not been provided for in the 1993 budget; this is the wrong time to adopt such a Policy in that it would give the wrong impression to the public and the other levels of government that the City has money to spend and plenty of money to go around; in most cases, everybody should be thankful for the jobs that they have without wanting more; the difference in pay between the managers and the Union should be addressed in a way other than that proposed; overtime, which has been stated as a reason for the closeness in pay of those who are supervising and those who are being supervised, if a question in fact, should be looked at; she will not be threatened by the possibility of management forming a union; and it will set a very important precedent for the City and, in the future, will represent an increased cost in the budget. Councillor Rogers asked the direct cost of the 130 days off in-lieu, as proposed in Table C (copies of which were distributed to Council members in Committee of the Whole on June 14), of the positions designated for extraordinary time requirements, to which Mr. Wilson replied that it is equivalent to about $23,000 to $25,000, an amount that would be paid for work not performed, in other words, and not an extra cost but part of the salary these people would be paid, and it is just that these would be days they would be having off. Councillor Rogers asked about overtime worked by individuals in Planning, Human Resources, Engineering, Finance and Purchasing, some who are in levels below Grade 5, and asked if the proposed Policy is establishing somewhat of a favouritism to a particular group of employees; to which Mr. Groody replied that one of the concerns brought forward by middle managers is that they work a regular 40-hour work week, while most of the administrative staff in City Hall typically work a 35-hour work week; therefore, right off the top in terms of direct business hours required, that is a difference of over 250 hours over a 52-week period, which, alone, makes for a big difference; and that, if the individuals inside of City Hall would be required to work the same levels and the same amount of time as those outside people, they would also be eligible under the proposed Policy, but in this case they do not work the same totals of hours and, with regard to the question of favouritism, explained that, in the area of collective bargaining for example, the people who are on the collective bargaining teams are typically more senior managers and the Policy does not propose that senior staff would be eligible for any kind of overtime now or in the future, and the Policy concerns those employees who do not have any control over the requirement to work the extra time, while the people involved in collective bargaining work extra hours through their own choosing because of the nature of that process in order to try to get 84-186 COMMON COUNCIL JUNE 21, 1993 resolution of the issues with which they are dealing. Councillor Rogers expressed the opinion that, if there are inadequacies within the system, they should be addressed, but rather through the operational review committee as this, in her opinion, would be the fairest way to deal with the issue across the board rather than circling in on one particular group of employees. Councillor Coughlan asked if it is only this group of employees which is continuously on call or if people above this group take an on-call turn as well in Municipal Operations, to which Mr. Groody replied that the requirement to be on-call results, in part, in the overtime required by the group of employees in question, and that people senior to this group in Municipal Operations are not on the on-call schedule, but are, however, required to come out, from a managerial supervisory point of view, in snowstorms and situations involving the Water and Sewerage Department or the Works Department. Councillor Coughlan expressed the opinion that, while the group of employees in question is not being dealt with fairly and should be compensated for overtime, the issue should be addressed once again as the proposed Policy is too precedent setting, and he suggested that, with one hundred plus management people, there could be a more equitable distribution of on-call time. Councillor M. Vincent concurred that the middle management group of employees must be addressed in terms of job responsibilities, the overtime worked and the compensation received for it, and suggested that this starts with a job description that offers the requirements necessary to fill the position and a description of the job duties that the employee is to perform and, if it is a case where an unusual amount of overtime is required, it is built into the job description and, once that has been established, it is priced and the employee is paid on an annual salary reflecting the job qualification responsibilities and the duty responsibilities and the fact that a considerable amount of overtime is required; and that, if there are extenuating circumstances over and above that that cannot be predicted because of any number of things, then there could be a buffer of days off in-lieu of additional overtime above and beyond the extreme, thereby providing for a proper annual salary which would be a cleaner and better way to proceed than the proposed Policy which would be perpetual in that the amount would be paid as long as the position exists. Question being taken, the motion was carried with Councillors Coughlan, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the 1992 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. Read a letter from the Saint John Parking Commission requesting approval of the submitted resolution for the appointment of Terry Joseph Stilwell and Joseph Leo Ferguson of the Corps of Commissionaires as By-Law Enforcement Officers. On motion of Councillor M. Vincent Seconded by Councillor McAlary 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 members of the Corps of Commissionaires as By-Law Enforcement Officers with the responsibility to enforce provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Joseph Leo Ferguson and Terry Joseph Stilwell: 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. On motion of Councillor Knibb 84-187 COMMON COUNCIL JUNE 21, 1993 Seconded by Councillor McAlary RESOLVED that the letter from the Saint John Harbour Bridge Authority requesting that the City reimburse the Authority for the cost incurred to install a drain from the Bridge deck at ramp "c", in the amount of $1,438.71 -- be referred to the City Manager for appropriate action. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Mr. Thomas C. Campbell of 172 Vincent Road for a Master Plumbers License be approved and a 1993 License be issued to him upon payment of the prescribed fee. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from PRUDE Inc. requesting a subsidy for the rental of its office space located in the City Market building -- be received and filed and Council approve the request for subsidization of the rental for space in the City Market building. The initial motion proposed by Councillor Coughlan and seconded by Councillor Knibb to refer the above letter to the City Manager was withdrawn upon the City Manager's observation that the 1993 budget provides for an allowance for PRUDE's rental fee. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the memorandum from the Federation of Canadian Municipalities inviting the submission of resolutions on subjects of national interest to the FCM Standing Committee on Policies and Resolutions and the National Board of Directors by August 25, 1993 for consideration by the Board at its September 8-11 meeting in Fredericton, N.B. -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Mr. Ralph Stephen for the re-zoning of 298 Douglas Avenue 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 Tuesday, August 3, 1993. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from the Rifle Range Residents Association referring to its previous request for a study of traffic conditions in the Churchill Boulevard, Visart Street, Sobeys, Zellers and Lansdowne Mall area and the Assistant City Manager of Operations' response which was the subject of discussion in open session of Council on May 17, 1993; and asking if the 84-188 COMMON COUNCIL JUNE 21, 1993 crosswalk improvements could be expedited because of the hazards faced by pedestrians in this very high traffic area, and if it can be anticipated that other improvements will be made in the near future as requested in its letter of December 4, 1992 -- be received and filed and the Association be advised that the matter will be resolved early in July. The Mayor advised that the City Manager has indicted that the above matter will be resolved early in July, and called for a motion to receive and file the above letter and the Association be so informed. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from the New Brunswick Lung Association recognizing the City of Saint John as the first municipality in the Province of New Brunswick to proclaim a Municipal By-law to control smoking in public places -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. Greg Theobald, Executive Member of the Organizing Committee of the Canadian National Debating Seminar, advising that, at the recent National Debating Championship held in Saint John, he was privileged to hear a presentation on the Marco Polo Project, and recommending this presentation for Council's consideration as a worthwhile promotion for the Province -- be received and filed and referred to Mr. Barry Odgen of The Marco Polo Project. Councillor Coughlan asked that a copy of the above letter be forwarded to the Premier. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Greg and Debra Renton, owners and operators of the Seacoast Motel at 1441 Manawagonish Road, requesting that the City upgrade the sewerage services to accommodate five new lots in a proposed subdivision on Manawagonish Road -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk