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1994-02-21_Minutes 84-487 COMMON COUNCIL FEBRUARY 21, 1994 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 February, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; 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; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works; D. Logan, Purchasing Agent; C. Campbell, Manager - Policy Division, Planning; J. Bezanson, Heritage Planner; W. Edwards, Operations Engineer; R. Murray, Senior Transportation Policy Advisor; G. Tait, Fire Chief; D. Sherwood, Chief of Police; B. Thompson, Deputy Chief of Police; Mrs. L. Lockhart, Planning Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and Reverend James Webber of Forest Hills United Baptist Church offered the opening prayer. (Councillor A Vincent entered the meeting.) 2. Approval of Minutes On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on February 14, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins commented on the February 19 flag-raising ceremony by the Scout and Guide Movement in recognition of Scouting and Guiding Week. Heritage Award Winners and Certificate of Approval Process Mayor Higgins, having noted the proclamation of February 21 to 27 as National Heritage Week and the celebration of National Heritage Day on this date, invited Mr. Don Gillis, Chairman of the Saint John Preservation Review Board, to address Council concerning the Board's 1994 Heritage Awards Program in five categories: Advocate, Commercial Building Rehabilitation, Residential Building Rehabilitation, Long-Term Maintenance Program, and Awareness/Education. Mr. Don Gillis, Chairman of the Preservation Review Board, having noted the presence in the Council Chamber of Board members Pam Innis and Councillor Kathy Rogers, addressed Council on the Heritage Awards Program through which individuals, firms and organizations are recognized for their efforts in the preceding 84-488 COMMON COUNCIL FEBRUARY 21, 1994 twelve months to go the extra step to advance Saint John's position as the heritage leader in New Brunswick and Eastern Canada through sensitive restoration, maintenance, education and awareness. In announcing the winners of the 1994 Heritage, Mr. Bezanson presented slides depicting (1) the winner in the Heritage Advocate Category, Mr. David Goss for his many articles published on a wide variety of heritage topics; (2) in the Commercial Building Rehabilitation Category, former Postal Station "A" at 126 Prince William Street which was rehabilitated for Public Works Canada for use as government office space, with Meridian Construction as the Prime Consultant and MMC as the Architect; (3) in the Residential Building Rehabilitation Category, the Eric and Carole Madsen residence at 186 Douglas Avenue; and (4) in the Long-Term Maintenance Program Category, the Marjorie Taylor residence at 147 Douglas Avenue. In the Awareness/Education Category, Mr. Bezanson advised that the winner is MITV for its production of Maritime Today with Kendra Black, and he presented a video clip from his interview with Ms. Black last summer in the Trinity Royal area. Mrs. Linda Lockhart, Recording Secretary for the Preservation Review Board, introduced the 1994 Award Winners who were all represented at the meeting and accepted their Awards from Mayor Higgins, with Ross Woodworth, Senior Projects Manager of Public Works in New Brunswick accepting on behalf of Public Works Canada; David Corkum of Tidal Industrial Developments accepting on behalf of Marjorie Taylor, and Tracy Chevers and Kendra Black accepting on behalf of MITV. Mr. Gillis commented on the Board's efforts to streamline the approval process to obtain a Certificate of Appropriateness, including an update of the award- winning Practical Preservation Guideline on Masonry, an insert in the Grants for Historic Building Preservation program brochure explaining the new Design/Maintenance Grant, a revised and reprinted Benefitting From the Past brochure, and the completion of two more of the ongoing series of Typical Details - Facades and Windows. Mayor Higgins congratulated the 1994 Heritage Award Winners and commended the members of the Board for their efforts. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the presentation by the Preservation Review Board concerning the 1994 Heritage Award Program and the streamlining of the Certificate of Appropriateness Approval Process be received and filed. Question being taken, the motion was carried. Councillor Coughlan suggested that Council should recognize the teachers in School District #8 in that last week was Teacher Appreciation Week. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John, through the Superintendent of Schools and the Chairman of the School Board, express appreciation to the teachers of School District #8. Question being taken, the motion was carried. * Added Item On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that the report from the City Manager (copies of which were forwarded to Council members as an information item) concerning 63-65 Britain Street be added to the agenda for consideration at this meeting. 84-489 COMMON COUNCIL FEBRUARY 21, 1994 Councillor Landers, in proposing the above motion, expressed the opinion that, in view of the amount of media attention given with respect to the power shut-off to the subject building on February 15, the public has a right to know the facts in this regard. The Mayor suggested that the above item could be considered as item 3A. Question being taken, the motion was carried. 4. Air Traffic Services, Saint John Airport Read a letter from Deputy Mayor McAlary submitting a copy of a letter from The Honourable Douglas Young, Federal Minister of Transport, on the status of the Air Traffic Services at the Saint John Airport. Deputy Mayor McAlary advised that the above letter is in response to her letter to the Minister in view of information given the City that the air traffic services were to be eliminated at the Saint John Airport and the Flight Service Station Agents only were to be used; noted that the Minister's letter indicates that no final decision has been made with regard to the services to be provided from the Air Traffic Tower in Saint John; however, the criteria used by Transport Canada confirms that the Saint John Airport qualifies for FSS only, and also that the Minister assures her that the Airport will remain as accessible by air as it is now and neither large nor small air carrier traffic nor any other air traffic will be adversely affected by this change, and also that the air carriers now using the Airport have indicated that the proposed change in the level of air traffic service will affect neither their ability to use the Airport under poor weather conditions nor their service to the travelling public; and with respect to the concern about the possible loss of air traffic control jobs, advised that air traffic controllers will be offered jobs in other cities that will still have a tower; however, as the Minister has stated, the decision is not made yet; and also advised that, from working in the industry, the major area air carriers that operate in and out of an airport will be consulted first to see that, for sure, there would be no harm to safety; and stressed that Saint John is not being treated different from any other airport in Canada in that all airports across the country are being looked at with a report coming in the near future on this matter. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above letter from Deputy Mayor McAlary be received and filed. Question being taken, the motion was carried. *3A. 63-65 Britain Street The Mayor called for a motion to receive and file the City Manager's report on 63-65 Britain Street. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager apprising Council the situation with regard to the February 15 power shut- off at 63-65 Britain Street by order of the Fire Prevention Division of the Fire Department because the electrical system in the building posed a serious threat to life and safety -- be received and filed. Question being taken, the motion was carried. 5. Transportation Issues ConcerninQ Saint John Consideration was given to a report from the City Manager commenting on each of the four modes of transportation which will continue to have a definite impact on the City of Saint John, its economic development, tourism, and quality of life, 84-490 COMMON COUNCIL FEBRUARY 21, 1994 being Port/Marine, Air, Highways and Rail; and submitting recommendations on each transportation mode. Mr. Murray provided Council with new information in each of the transportation modes since the preparation of the report as follows:- Marine/Port - the diversion of one ship, and possibly others, to the Port of Saint John from the St. Lawrence River and Gulf due to very serious ice conditions there thus showing the viability of the Port of Saint John and how important it must be to containerships to have this facility available, as well as its importance to the railroad that still operates between Saint John and Montreal, and the new contract signed by the ILA and management for labour stability in the Port, covering the years 1993, 1994 and 1995, with no increase in wages for the ILA in 1993 and a 2% per cent increase in 1994 and 1995 which is a win-win situation for labour and management, as well as for the Port and the City of John, particularly as the Ports of Vancouver and Montreal are having difficulty with their contracts; Air - Air Canada has withdrawn the position of local manager at the Airport in Saint John, as well as at the Fredericton and Charlottetown Airports; Highways - a decision has been made to revive the Southern New Brunswick Highway Coalition to react to some of the issues before the government with respect to the funding for twinning of highways and to take on the task of doing a study of railroads in the Province, with a working committee already in place; and Rail - a decision by the U.S. Interstate Commerce Commission to order an environmental impact study on the railroad that operates out of the United States, being CARS Railroad C.P. running from Vanceboro, Maine through to the Province of Quebec, which will mean that, until that study is finished, the abandonment of the United States portion of the railway will probably not be ordered or allowed and that, in Canada, the National Transportation Agency's decision that it would not be necessary to do an environmental impact study has been challenged in the court and application has been made by at least two firms for appeal to leave that decision to try once again to bring the matter before the Agency. Mr. Murray displayed maps on which he highlighted the highways referred to in the above report, including the Trans Canada Highway where it is currently located and what is proposed by the Department of Transport as the current suggestion for routing of it in Southern New Brunswick, and what has happened so far in construction of highways in Southern New Brunswick and on highway twinning, and Route 9 from Calais into Brewer, Maine. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) with respect to the Port, meetings with the Port continue on a regular basis through the Port/City Liaison Committee, and the support of the "Meet and Greet Committee" responsible for welcoming cruise line passengers to the City be continued; (2) concerning the Air mode of transportation, discussions be monitored regarding the Air Traffic Control operations at the Saint John Airport, ensuring that in any decision safety is not jeopardized and future economic development is protected; staff ensure that Common Council is kept aware of all discussions on Local Airport Authority plans; and the City continue to monitor information on national air matters as they affect Saint John; (3) with regard to Highway transportation, the City continue to actively pursue the Province of New Brunswick for sufficient funds to complete the twinning of highways between Moncton, Saint John, and St. Stephen, and Route 7, between Saint John and Fredericton; and (4) with regard to Rail, close contact be maintained with local and national government and transportation officials to protect the interest of Saint John and ensure the City is adequately served by rail. Question being taken, the motion was carried. 6. Progress Payment, Gymnasium and Community Centre Addition, M. Gerald Teed School On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC00001 0056 Department of Supply and Services Gymnasium and Community Centre Addition M. Gerald Teed School Total City share Retention (deficiencies) Payment previously approved Sum recommended for payment Progress Estimate Number 9 Question being taken, the motion was carried. 7. Progress Payments Contracts 93-21, 93-15, 93-19 On motion of Councillor Knibb 84-491 COMMON COUNCIL FEBRUARY 21, 1994 $752,347.20 3,000.00 727,368.49 $ 21,978.71 Seconded by Councillor A. Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 93-21, Lancaster Waste Water Treatment Plant, Grit Removal Chamber Modifications C. S. Spurr Contracting Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated February 11, 1994 Final holdback release. 2. Contract 93-15, Mount Pleasant Avenue (E) Jean Street Water and Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 11, 1994 Final holdback release for completed portion of work 3. Contract 93-19, McAllister Drive Street Reconstruction Classic Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated February 16, 1994 Final holdback release. $ 36,400.00 36,087.00 Nil 30,673.95 5,413.05 354.12 $ 5,413.05 $446,169.90 378,265.66 Nil 289,298.35 88,967.31 5,820.29 88,967.31 $491,305.00 506,015.90 Nil 417,846.36 88,169.54 5,768.10 $ 88,169.54 84-492 COMMON COUNCIL FEBRUARY 21, 1994 Question being taken, the motion was carried. 8. Tender for Work Boots On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Schooner Industrial Products Ltd., for the items as indicated on the submitted summary of bids, be accepted for the supply of work boots for Local 18, Outside Workers. Mr. Logan commented on the different approach employed with the above tender from that which was previously used as explained in the above report. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. 9. User Fees, Spruce Lake Landfill On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council resolution of February 8, 1993, with respect to charges and fees at the Spruce Lake Landfill, be rescinded, and the following scale of charges and fees be adopted, namely:- Residential 1/4 to 1/2 ton truck $ 1/load Commercial (April 1, 1994) (October 1, 1994) (April 1, 1995) (October 1, 1995) $25/metric tonne $29/metric tonne $33/metric tonne $37/metric tonne. Question being taken, the motion was carried. 10. SaltinQ and SandinQ MaQazine Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that, further to the letters from Darlene R. Smith and the St. Peter's Home and School Association considered at Council's December 20, 1993 meeting concerning Magazine Street, Magazine Street is serviced as a Priority II in the Works Department's Snow Control Plan, and the objective for both Priority I and Priority II streets is to produce bare pavement after a snow storm; also advising that, with regard to the suggestion that Magazine Street should be given the same status as main streets, not all streets can be serviced at once and Priority I, the only priority level higher than that already given to Magazine Street, is given to arterials and, clearly, Magazine Street is not an arterial; and further advising that elevating the status of Magazine Street would have a detrimental impact on the service received by streets which are more important in the overall transportation network and that staff will monitor the service provided to Magazine Street to ensure that it is serviced in accordance with the Snow Control Plan -- be received and filed. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) 84-493 COMMON COUNCIL FEBRUARY 21, 1994 11. HousinQ ThrouQh Infill Development Grants On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council approve Housing Through Infill Development grants for the following:- 1. Application #93-6 Mr. Paul O'Leary and Mr. Roger Bandy 137 Orange Street $18,270.00 (RescindedApril51994 Bk. 84 Pg. 568 ) 2. Application #93-7 Mr. Charles Cavanagh 118 Orange Street $13,425.00 3. Application #93-8 Mr. Deno K. Pappas 137-139 King Street East $21,360.00. Question being taken, the motion was carried. 12. Environmental Impact Assessment Review On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager commenting on the principles and proposals in the Minister of the Environment's Position Paper, "Environmental Impact Assessment Reform", which was tabled in the Legislative Assembly in December 1993, and recommending that the comments in this report on the Position Paper reflect the City's views, the views on the land-use process be highlighted, and the comments be referred to the Department of the Environment -- be received and filed and the recommendation adopted. The manner in which the City became involved in the above matter was questioned by the Deputy Mayor in that, in her opinion, as a matter of procedure, if the Position Paper came from the Minister it should have come through Council, not staff, and Mr. Totten advised that he would follow-up on how staff received the document. Question being taken, the motion was carried. 13. Re-Zoning Application 1230 ManawaQonish Road Consideration was given to a report from the City Manager referring to the application on the agenda of this meeting from Hughes Surveys & Consultants Ltd. for Village Estates Inc. for the re-zoning of property on Manawagonish Road adjacent to Hillcrest Village to develop 46 one-storey townhouse units; advising that, as part of the development proposal, an exchange of lands for public purposes may be agreed upon and negotiated and, if the final concept is approved, an adjustment to the present property line will result in a portion of the present City lands being used for the proposed townhouse development; and recommending that, as re-zoning of the City lands will facilitate this process, Council authorize to initiate the re-zoning and, if the exchange is not in the final analysis approved, Council will not have committed itself to the re-zoning of the land and the re-zoning can be turned down. 84-494 COMMON COUNCIL FEBRUARY 21, 1994 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council authorize the advertisement for the re-zoning of a portion of City land at 1230 Manawagonish Road (NBGIC Number 55022842) from "R-1A" Single- Family Residential to "RM-1" Three-Storey Multiple Residential classification, with the public hearing to be held on March 28, 1994. Question being taken, the motion was carried. 14. Tender for Janitorial Service On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Adora Cleaning Ltd., in the amount of $79,900, be accepted for the provision of cleaning services to a section of the pedway system which connects the City Hall/Market Square complex to Harbour Station, for a period ending January 31, 1996. Mr. Todd advised that staff has had discussion with Harbour Station and other people whose properties abut the pedway about the possible cost-sharing of its cleaning costs and will be bringing forth a report in that regard, and initial discussions with Harbour Station suggest that, while it does not have an interest in becoming involved with any type of cost sharing for any costs associated with the pedway, there may be opportunities for Harbour Station to assist with other services in lieu of direct cost sharing. Question being taken, the motion was carried. 15. Sandy Point Beach Road Read a report from the City Manager advising that, although the roadway commonly referred to as Sandy Point Beach Road has received limited City services over the past several years, it is privately-owned by Thomas, Joseph, Agnes and Mary Crowley and staff has recently begun to question the appropriateness of providing City services to this private road; also advising that Beach Road has been closed to the public by the owners several times over the years, the most recent closure having been on April 25, 1993, with the submitted photo clearly showing that the property has been closed off by the owners, and that subsequent to the April closure, the Works Department sought a legal opinion regarding the appropriateness of the City providing any service at all to this private road and was informed that the so-called Sandy Point Beach Road is completely private and the City should provide no service to the road, as it is inappropriate to spend public money on private property; commenting on two other private roads, Stubbs Road and a roadway off the Golden Grove Road, which the City no longer services, having become aware in April and June 1991, respectively, that they were private property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the City discontinue all services to the so-called Sandy Point Beach Road effective April 15, 1994, and that the owners of the road and the residents of the road be so notified, and also that the owners and residents be advised that they should make their own arrangements for snow plowing, as is done on other private roadways within the City, and that the City continue to collect residential garbage if a mutually- agreeable drop-off site can be established as is done in townhouse developments. Councillor Rogers asked how many other situations similar to Sandy 84-495 COMMON COUNCIL FEBRUARY 21, 1994 Point Beach Road exist and if it would be better to deal collectively with these situations and apply the same policy, to which Mr. Jamer replied that, while the City provides services to some streets referred to as private roads which are basically roads which the City has serviced since the time of amalgamation prior to which they were serviced by the Province, these roads are typically not owned by a particular land owner but are lanes common, and the City certainly continues to provide services to roads that are under-developed and have very narrow right-of-ways which are in a different category from the Sandy Point Road; and advised that, to his knowledge based on a thorough process in the summer and fall of 1993 whereby the City in revising its snow control plan looked at every single road to which it provides at least snow control service, Sandy Point Beach Road is the last road of this nature which has been receiving City services. In response to Councillor Gould, Mr. Jamer commented on staff's discussion with residents of Sandy Point Beach Road in this regard; and Councillor M. Vincent advised that, as it appears from the above report that staff has had discussion about this matter with everybody else but Council, he would rather that Council had been provided an opportunity to discuss this matter in detail and establish a blanket policy that could be applied across the City. Councillor Trites made the observation that there seems to be a problem with definition of a privately-owned road as opposed to what the City commonly refers to as a private road, and suggested that the matter should be tabled in order to obtain a definition; and Councillor A. Vincent expressed concern about the legal liability to the City as the Fire and Police Departments cannot go on a private road of this nature. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table one week pending clarification of the issues raised. Question being taken, the tabling motion was carried. 16. Carol Ann and Gary G. White's Complaint re Haves Avenue Read a report from the City Manager advising that, further to the letter to Council on January 31 from Carol Ann and Gary G. White regarding the condition of Hayes Avenue on Christmas Day, a call was received from Hayes Avenue on Christmas Day as described in the letter at which time almost all the streets in the City were slippery and no special significance was attached to the call in that, when it snows, it is common for people to call the Works Department to request their streets be done early or in an earlier sequence than would normally be the case and it is the position of the Works Department that, if a real emergency exists, then notification from the appropriate emergency responder would be in order and it is prepared to respond at any time for Police, Fire or ambulance calls; therefore, the duty superintendent did not single out Hayes Avenue for special attention; also advising that Hayes Avenue, being a Priority III street and like other low priority streets with hills, has a City sand box on it which can be used by residents if slippery conditions exist and the City's salter/sander fleet is basically working on high-priority streets; and providing an explanation of a statement in the White's letter attributed to the Director of Works to the effect that he could not understand how this priority street was missed; and recommending that this report be received and filed. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager following up on the letter to Council on January 31 from Carol Ann and Gary G. White regarding the condition of Hayes Avenue on Christmas Day -- be received and filed. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 84-496 COMMON COUNCIL FEBRUARY 21, 1994 17. Children's Farm & Horse Barn - Rockwood Park Read a report from the City Manager advising that, further to the call for proposals for the operation of the Children's Farm and Horse Barn in Rockwood Park, the approval process was completed in three stages, and the private operator is ready to assume operation of the business on March 1, 1994, and that the Rockwood Park Advisory Board supports staff's recommendation of developing a contract with Mr. RM. White; summarizing the agreement with Mr. White which will cost the City $6,000 for the first year of a three-year contract, during which time the City will save $144,000 in operating costs; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City Solicitor be directed to prepare a lease with Mr. RM. White for the operation of the Children's Farm and Horse Barn at Rockwood Park, and the Mayor and Common Clerk be authorized to sign the contract in this regard. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 18. Privatization of Rockwood Park Municipal Golf Course and Aquatic DrivinQ RanQe Consideration was given to a report from the City Manager expressing the opinion that, with the oncoming financial restraints and interest shown in operating the Municipal Golf Course by private operators, it is now time to privatize the Course, although it is not the intention to sell any part of the property but to engage a company to more efficiently manage and maintain the facility; advising that the Golf Course and Driving Range had an operating budget of $551,844 in 1993 (year end actuals), and the total revenue generated by each operation was $340,318.35, a difference of $211,528.65 (actual deficit) which was absorbed by the City, and privatization of the Golf Course and Driving Range would initially save the City $220,000 annually in operating costs; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) staff advertise a proposal call for the private operation of the Rockwood Park Municipal Golf Course and Aquatic Driving Range; (2) staff select an appropriate candidate that offers the best business deal for the City and report back to Council; (3) staff work with this individual to develop a contractual arrangement for operation of the above, as soon as possible, but no later than the 1995 season; and (4) staff report back to Council with the final contract for signing by the Mayor and Common Clerk. Councillor Gould reminded staff of experience encountered by the City when it was previously involved with a private operator some twenty years ago, and that the City may never know how much money it actually cost to recover the ownership of the Golf Course. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". 19. Committee of the Whole Report Read report of the Committee of the Whole (as follows) 84-497 COMMON COUNCIL FEBRUARY 21, 1994 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on February 7, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Knibb, Landers, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Board of Trustees of the City of Saint John Pension Plan, the City Solicitor be authorized to take the necessary steps to have the proposed new Pension Act, as submitted, presented to the spring session of the New Brunswick Legislature. February 21, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 30A. Four Pension Trustees - Proposed Pension Act Consideration was also given to a letter from Messrs. R. R. Thorne, Fred Slipp, David Gould and Lance Sutton, four Trustees of the City of Saint John Pension Plan, advising that, at the regular monthly meeting of the City of Saint John Pension Board of Trustees on February 17, it was determined without vote that the Pension Act being recommended for Common Council's approval at this meeting for submission to the Legislature would not be modified by written submissions made under Section 24(1) of the Pension Benefits Act and it was agreed that teach-ins should be held with all groups to fully explain the changes being proposed; also advising that, as several trustees at the Pension Board level feel the Act being proposed is badly worded and that written submissions made under Section 24(1) should be considered to address the poorly-designed wording which will cause future problems for all concerned, it is their feeling that written submissions which will improve the Pension Plan should be incorporated in the Pension Act so that everyone is in agreement at the local level before going to Fredericton; and further advising that, if the concerns of the Pension Trustees cannot be addressed at the Pension Board level, they on behalf of the groups they represent will have difficulty in supporting the Pension Bill in Fredericton. Councillor Knibb, a Trustee of the City of Saint John Pension Board, commented on the Board's efforts to bring the Pension Act up to date, which became absolutely urgent and essential after the passing of the Provincial Pension Benefits Act on January 1, 1993 and the change in the Federal tax legislation, noting the unsuccessful attempt to have a new Pension Act enacted in 1992 and the reasons for it; and advised that it is the intent to provide each and every beneficiary and contributor with a copy of the Act and a summary of the important changes to that Act, which includes no reference to the disposal of any surplus funds, an increase in the maximum level of the pension from $40,000 to $45,000, the provision of an ad hoc increase of $1,000 a year to pensioners who retired before 1983 and a sliding scale providing for increases to other retirees, although the new Pension Act is not indexed to the cost of living, the provision for the purchase of pensionable service by those taking short voluntary leave, and reciprocal agreements. Mr. Woods highlighted the benefit plan and the Pension Plan provisions, including mandatory membership in the Plan with no medical required; the City's contribution of any other required sums in order to keep the Plan properly funded, being any shortfall in the current service costs, solvency or liability deficiencies, as well as at least 7 per cent of the salary costs on behalf of the employees; no reference to the disposition of any surplus in the fund; purchase of service; early-retirement options; changes in the disability provision; deferred pension; transfer of pension through a reciprocal agreement or to a locked-in retirement account; the increase in pension level from $40,000 to $45,000; and ad hoc increases for retirees previous to 1982 and up to 1990 ranging from $250 to $1,000 a year. 84-498 COMMON COUNCIL FEBRUARY 21, 1994 Councillor M. Vincent, referencing the statement in the above letter from the four Pension Board Trustees about the Board's agreement to have teach-ins with all groups to fully explain the changes being proposed, suggested that, as Council has had several teach-ins from its own representatives and senior staff and has been provided with the information required on which to make a decision on the above matter, it might have been helpful had as many as possible of the alleged 400 people on pension been brought in and made aware of the information available; and also suggested that, if there is some way through communication there is an opportunity to discuss this matter with the groups concerned, then and only then would there be a chance to get the support required for the Act at the Legislature. Councillor Knibb made the observation that, of the twelve Trustees on the Pension Board, the four Trustees who submitted the above letter represent the following groups:- Robert Thorne of the Retirees' group, Fred Slipp of the Fire Fighters, David Gould of Local 18, and Lance Sutton of Local 61; and commented on the February 17 Pension Board meeting which he chaired in that there were questions on sections 6(2) dealing with a member's pension credit and 12(2) concerning an actuarially-reduced pension, the former which could not be answered at that time because of the absence of Treasurer Daryl Wilson, the latter which was reasonably explained, and, when it was suggested that the Board go back to its Solicitor for further changes of wording, his feeling, and there was no resolution from the Trustees at that time, was that the Board had gone far enough and was ready to go to legislation. In response to Councillor Knibb for a comment on section 6(2), Mr. Deno Pappas, Solicitor for the Board of Trustees who was present at the meeting, explained that section 6(2) of the proposed Act dealing with member's pension credit is prescribed by the Income Tax Act and that is the reason for its inclusion in the new Pension Act. 30A. Four Pension Board Trustees' Letter On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the letter from Pension Board Trustees R. R. Thorne, Fred Slipp, David Gould and Lance Sutton regarding the proposed new Pension Act be received and filed. Question being taken, the motion was carried. 19(1) Re City of Saint John Proposed New Pension Act On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that the above Committee of the Whole report be received and filed and the recommendation therein be adopted. With respect to the Board's plans to communicate with the groups concerned on the proposed new Act and the timing of such communication, Mr. Totten referenced the above comments on the Board's commitment to communicate to all groups through provision of copies of the new Act and summary highlights of all the changes and the plans for a teach-in, and advised that he would undertake first of all to communicate to all retirees the changes of which the Board is to advise them through a personal letter from the Board, prior to which it would be appropriate to invite all retirees to a session in this regard and that, if placing an ad in the newspaper is a secondary source of communication to them, he would also commit to doing that. Question being taken, the motion was carried. 20. Committee of the Whole Report 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 84-499 COMMON COUNCIL FEBRUARY 21, 1994 reports Your Committee reports that it sat on February 14, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the City Solicitor be authorized to take the necessary steps to bring before the Legislature an Act to create the Greater Saint John Economic Development Commission. 2. That as recommended by the City Manager, 133 acres of land more or less, to the rear of Golden Grove Road with frontage on Loch Lomond as shown on the submitted plan, be acquired from Margaret A. Warnock for a price of $30,590, with the sale to be completed on or before March 31, 1994. 3. That as recommended by the City Manager, Common Council resolution of March 15, 1993 concerning acquisition of land from the YMIYWCA be amended by deleting Clause 1 and replacing it with the following: "The purchase price to be $25,000.". February 21, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 20(1). Act to Create Greater Saint John Economic Development Commission On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 20(2). Acquisition of Property Off Golden Grove Road On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 20(3). Amendment to March 15, 1993 Council Resolution Resolution re Acquisition of Land from YMIYWCA On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 21. Pension Plan - 1993 Annual Report On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the 1993 Annual Report of the City of Saint John Pension Plan be received and filed. 84-500 COMMON COUNCIL FEBRUARY 21, 1994 Mr. Woods highlighted the Annual Report, and during discussion advised that he would undertake to provide to the individual Council members through the Common Clerk's Office during the next week the information requested by Councillor A. Vincent on the Board's investments. Question being taken, the motion was carried. 22. Retirement of A. Ross Anthonv On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of A. Ross Anthony, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. 23. The New Brunswick Historical Society - Statue in Lovalist Burial Ground On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The New Brunswick Historical Society advising that it has made the decision to rescind its former motion as stated in its letter to Council on December 13, 1993 objecting to the application for the enactment of legislation to make way for the erection of a statue in the Loyalist Burial Ground, after learning that the Irving family planned on doing extensive renovations to the Burial Ground; and urging Council to work with the Irving family to enhance the Loyalist Burial Ground in an appropriate manner and to erect a statue of the late Kenneth Colin Irving -- be received and filed. Question being taken, the motion was carried. 24. The Marco Polo Project - Monument Placement On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The Marco Polo Project advising that, further to Parks Canada's declaration three years ago of the Marco Polo of national historical significance, the Project has suggested the King Street area as the location for a monument in this regard, and Claude de Grace of Parks Canada (Saint John) would like to work with The Marco Polo Project and the City of Saint John in determining the most suitable location for the monument; and asking for Council's direction and cooperation in this matter -- be referred to the City Manager for input on where the monument should be placed. The status of an anticipated report from the City Manager on a previous request to Council for the relocation of the City flagpole was questioned, to which Mr. Totten replied that staff has committed to place the flagpole in front of City Hall and the work is to be done sometime this spring. Question being taken, the motion was carried. 84-501 COMMON COUNCIL FEBRUARY 21, 1994 25. Human Development Council Community Service Certificate On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the Human Development Council asking that Council consider a nomination for the Community Service Certificate through which the Human Development Council recognizes an individual or individuals for his/her outstanding contribution to the welfare and development of the Greater Saint John community -- be referred to the Nominating Committee and for any personal nominations Council members may wish to make. Question being taken, the motion was carried. 26. Maureen and J. Esmonde Barry - News Article On Heart and Stroke Celebrity Luncheon On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Maureen and J. Esmonde Barry referring to a photo in the Saturday, February 12 issue of The Telegraph-Journal newspaper of a person identified as Deputy Mayor Shirley McAlary at the Heart and Stroke Celebrity Luncheon; explaining why they find Ms. McAlary's participation not only inappropriate but highly offensive; and expressing the opinion that, since she was identified as representing the City and hence all citizens, Councillors must either condone her actions or censure her in the strongest possible terms - and in public since her actions took place in the public domain -- be received and filed. Deputy Mayor McAlary noted that she has already made a public apology to all of the citizens in the City of Saint John in all three sectors of the media, including newspaper, radio and television, for any offence or embarrassment she may have caused to any citizen; explained that she was the Honourary Chairman of the February 11 fund-raising luncheon held by the Heart and Stroke Foundation; and stated that she was not representing the City of Saint John, nor did she at any time indicate that she was. Deputy Mayor McAlary advised that she, not the City of Saint John, paid for and gave the ten tickets for her table to ten individuals with whom she is acquainted, and that, as a waiter and expected to dress up and be entertaining to her table guests, she decided on what she considered at the time a very innocent costume, and it was not her intention to cause any embarrassment or be offensive to anyone, including herself, nor did her costume or any items associated with it in any way reflect her morals or her beliefs. Deputy Mayor McAlary apologized once again to anyone who feels she has offended or embarrassed them; and questioned whether the above letter should have been on the Common Council agenda, whether it be closed or open session on the basis that she was not representing the City of Saint John as indicated in the letter, but was raising money for a very worthy organization and that, as this is a personal issue, the Common Council agenda should not be used to discuss what she does on her personal time. Question being taken, the motion was carried. 27. Harold Mayes - Colour of Fire Apparatus On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Harold Mayes expressing the view that, while it is vital to keep the City up to date in this fast- changing world, including modern, efficient fire fighting equipment, the importance of 84-502 COMMON COUNCIL FEBRUARY 21, 1994 tradition should also be recognized; and asking that serious consideration be given to going RED starting with the new piece of fire apparatus being purchased -- be referred to the City Manager and Fire Chief. Question being taken, the motion was carried. 28. N.B. Branch United Nations Association of Canada - International Year of Family Consideration was given to a letter from the N.B. Branch of the United Nations Association regarding the United Nations Association proclamation of 1994 as the International Year of the Family, and submitting a Statement of the Background from the Canada Committee for the International Year of The Family, as well as a form of Resolution which the Association is asking the City to consider and adopt so as to bring some public attention to the importance of the family in society. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely:- "REALIZING that the United Nations has declared 1994 to be the International Year of the Family; UNDERSTANDING that the Canada Committee for the International Year of The Family has been established with a mission to promote an understanding and acceptance of the importance of the family in Canadian society; RECOGNIZING that the family is a financial, nurturing, protecting, educating and cultural unit which performs a crucial role in the development of each individual as a contributing member of society; BELIEVING that Canadian families are diverse and ever-changing in response to economic and social pressures; ACKNOWLEDGING that there is a need to respect, care and nurture the family: THEREFORE the Municipality of the City of Saint John fully endorses and supports the goals and objectives of the Canada Committee for the International Year of The Family 1994 and urges all citizens of this municipality to recognize the importance of the Family in Canadian society.". Question being taken, the motion was carried. 29. Application For Re-Zoning of Property on ManawaQonish Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Hughes Surveys & Consultants Ltd. for Village Estates Inc. for the re-zoning of property on Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 28, 1994. Question being taken, the motion was carried. 30. Harvest Christian Fellowship PornoQraphy Sale & Rental On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Reverend 84-503 COMMON COUNCIL FEBRUARY 21, 1994 Tim Davidson, Pastor of Harvest Christian Fellowship, requesting that Council give consideration to enacting a by-law restricting the sale and rental of X-rated pornographic videos and magazines in the City for the reasons as stated -- be received and filed. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillor Gould voting "nay". On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that the City Solicitor be requested to report to Council on the possibility of enacting a by-law to impact on stores dealing in pornography. Mr. Rodgers made the observation that, while he has previously reported that the question of morals is outside the scope of a municipal council and is a Federal issue, the law has developed on the issue of regulating various stores and so on and, as he understands it, the Council does not have the authority to get involved in that; however, if Council wishes to pursue it, Council could ask the Province to amend the Municipalities Act to get involved with the regulations, and also the question could be looked at from a zoning point of view. Question being taken, the motion was carried. On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk