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1995-01-30_Minutes 85-85 COMMON COUNCIL JANUARY 30, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of January, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; W. Edwards, Building Inspector; J. Baird, Manager - Development Division, Planning; E. LeBlanc, Insurance Coordinator; P. Palmer, Deputy Market Clerk; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Inspector R. Epton, Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Reverend James Webber of Forest Hills United Baptist Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on January 23, 1995, be approved. In response to Councillor A Vincent, Mr. Totten advised that he would ask Mr. Frank McCarey, General Manager of Saint John Transit, to provide a copy to Council of the Commission's response to Woodside Holdings #2 Ltd.'s referred by Council to the Commission at the last meeting. Question being taken, the motion was carried. 3. Zoning By-Law Amendment Re-ZoninQ 253 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 10,800 square feet of land at 253 Millidge Avenue (NBGIC Number 41285), situated at the intersection of Millidge Avenue and Forbes Drive, from "R-2" One- and Two-Family Residential to "R- 4" Four-Family Residential classification, to permit the development of a one-storey four-unit townhouse, as requested by Mr. Mark Melanson, and no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's January 24 meeting at which the applicant expressed support for the revised staff recommendation which resulted from inaccurate information regarding the subject property; advising that the Committee also granted variances from the Zoning and Subdivision By-Laws that reduced the minimum front yard requirement, the minimum building height, the required parking spaces and the minimum lot depth 85-86 COMMON COUNCIL JANUARY 30, 1995 requirement; and recommending that Council re-zone an approximate area of 1,150 square metres (12,375 square feet) of land situated at 253 Millidge Avenue (NBGIC Number 41285), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. Mr. Mark Melanson was present in support of his application and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximate area of 1,150 square metres (12,375 square feet) of land situated at 253 Millidge Avenue (NBGIC Number 41285), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximate area of 1,150 square metres (12,375 square feet) of land situated at 253 Millidge Avenue (NBGIC Number 41285), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 4. Amendment To Section 39 Conditions Re-ZoninQ 1954 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions to the April 5, 1988 re-zoning of a property at 1954 Manawagonish Road (now having NBGIC Number 55057194), to permit the use of the property for the storage and manufacturing of fencing products, as well as other manufacturing and industrial uses permitted in the existing "1-1" Light Industrial zone, to permit the property to be used by Fundy Fencing Ltd. and other industrial uses, as requested by Fundy Fencing Ltd., and no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in favour of the above-proposed amendment considered at the Committee's January 24 meeting at which Mr. Brian Moore attended on behalf the applicant and expressed agreement with staff's recommendation; advising that the Committee approved the fencing business as a similar/compatible use in the "1-1" zone and that a discrepancy has been identified between the property boundaries and zone boundaries which should be corrected by further amendment to the Municipal Development Plan and Zoning By- Law and that these amendments be initiated by the City; and recommending that (1) 85-87 COMMON COUNCIL JANUARY 30, 1995 Common Council amend the conditions attached to the April 5, 1988 re-zoning of a property at 1954 Manawagonish Road (now having NBGIC Number 55057194), as follows:- (a) to permit the use of the property for the storage and manufacturing of fencing products and related office and sales activities, as well as other manufacturing and warehousing uses permitted in the "1-1" Light Industrial zone, provided that: (i) the manufacture of products occurs within the building; (ii) any new manufacturing process is approved by the Department of Health for on-site services or, alternatively, the property is connected to municipal sewers; and (iii) the existing on-site sewage system is protected and maintained in a manner which is acceptable to the N.B. Department of Health until such time as the site is connected to City sewers; (b) to remove the limitation on the amount of floor space used for manufacturing; and (c) to remove the prohibition on outdoor storage of products and materials, provided that all outdoor storage is confined to the rear yard of the site; and (2) a Municipal Plan amendment and re-zoning be initiated by the City to correct the discrepancy between the zone boundaries and property lines of the subject site. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the April 5, 1988 re-zoning of a property at 1954 Manawagonish Road (now having NBGIC Number 55057194), as follows:- (a) to permit the use of the property for the storage and manufacturing of fencing products and related office and sales activities, as well as other manufacturing and warehousing uses permitted in the "1-1" Light Industrial zone, provided that: (i) the manufacture of products occurs within the building; (ii) any new manufacturing process is approved by the Department of Health for on-site services or, alternatively, the property is connected to municipal sewers; and (iii) the existing on-site sewage system is protected and maintained in a manner which is acceptable to the N.B. Department of Health until such time as the site is connected to City sewers; (b) to remove the limitation on the amount of floor space used for manufacturing; and (c) to remove the prohibition on outdoor storage of products and materials, provided that all outdoor storage is confined to the rear yard of the site: AND FURTHER that as recommended by the Planning Advisory Committee, a Municipal Plan amendment and re-zoning be initiated by the City to correct the discrepancy between the zone boundaries and property lines of the subject site at 1954 Manawagonish Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment And Re-ZoninQ 2219 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to designate on Schedule 9-A, the Staging Plan, an approximate area of 33 hectares (82 acres) at 2219 Loch Lomond Road, located along Loch Lomond Road (being 2201 and 2281), Foriere Drive and Americo Road (undeveloped), from Stage 2 to Unstaged classification, to permit the re-zoning of the rear vacant properties to "RR" One-Family Rural Residential classification, which would allow for the development of one-family unserviced residential lots, as requested by Mr. Dante Foriere. 6. Municipal Plan Amendment And Re-ZoninQ 244 & 250 Duke Street West Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land at 244 85-88 COMMON COUNCIL JANUARY 30, 1995 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), having a combined street frontage of 80 feet and approximately 101 feet in depth, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property to a "B-2" General Business zone so that an addition can be constructed for use by Lester Trophies Ltd., as requested by Lester Trophies Ltd. 8. Mavor's Remarks Deputy Mayor McAlary commended those involved in the Canadian Senior Curling Championships held at Thistle-St. Andrews Curling Club during the past week; and noted the forthcoming February 4 Moosehead Skate To Care '95 fund- raising event at Lily Lake. * Added Item On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the matter of a nominee to the Arbitration Board with respect to the collective bargaining dispute with Local 771 (which was considered in Committee of the Whole earlier this date under item 31) be added to the agenda for consideration at this meeting as item 18A. Question being taken, the motion was carried. * Added Item On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter regarding the Saint John Irving Oil Christmas Hockey Tournament (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting as item 8A. Question being taken, the motion was carried. *8A. IrvinQ Oil Christmas Hockev Tournament Read a letter from Mr. John Correia of Irving Oil Limited expressing appreciation for the City's involvement in the Annual Saint John Irving Oil Christmas Hockey Tournament. Councillor A. Vincent noted that the above event was the 27th Annual Hockey Tournament. On motion of Councillor A. Vincent Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John express appreciation to Mr. Arthur Irving, President of Irving Oil Limited, for his outstanding contribution to hockey in the City. Question being taken, the motion was carried. 9. Grant For Memories Of Don Messer Jubilee Tour On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from Deputy Mayor McAlary submitting for Council's consideration information received from Barbara Martin asking the City of Saint John for a grant of $1,000 to the Memories of Don Messer Jubilee Tour -- be referred to the City Manager for a report and recommendation. 85-89 COMMON COUNCIL JANUARY 30, 1995 Deputy Mayor McAlary advised that information was received earlier this date indicating that the budget for the above event is $198,000. Question being taken, the motion was carried. 10. WorkinQ With Senior Levels Of Government Consideration was given to a letter from Councillor M. Vincent referring to his comments at a recent meeting of Council on the issue of the need for Saint John Common Councilor, more specifically, the Mayor, Deputy Mayor, and members of Common Council, to give consideration to working more closely with senior levels of government on matters of concern respecting the development and enhancement of the City of Saint John; and proposing a motion in this regard. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the Saint John Common Council adopt as a matter of intent the principle that, where and when necessary, major issues affecting this City be addressed by representation from Council at either the Provincial or Federal level, and further that assistance be obtained from local area elected representatives, such as Members of the Legislative Assembly and Members of Parliament, who are in a position to assist in arranging meetings and making appointments with elected officials from the senior governments. Question being taken, the motion was carried. Deputy Mayor McAlary advised the intent to hold item 11 for consideration later in the meeting pending the presence of Councillor Coughlan, one of the three who signed the letter in this regard. 12A. Priorities Of Law Enforcement On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Councillor Chase advising that, in light of some comments he has heard this past week and an article in the newspaper, he would like to direct some questions to the Chief of Police concerning the priorities of law enforcement, the issue at hand being information surrounding a common bawdy house conviction which by some accounts cost a fair sum of money -- be referred to the Saint John Board of Police Commissioners for whatever action deemed appropriate on the question of a response publicly. Question being taken, the motion was carried. 12B. Sale And Lease-Back Options On Equipment On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED the letter from Councillor Chase asking that the City Manager and Commissioner of Finance extensively investigate the area of sale and lease-back of assets of the municipality of Saint John, and that such an analysis into sale and lease-back options to come back to Council in the form of a briefing (or teach-in) on ramifications pertaining to a major shift in how the City acquires equipment, i.e. outright purchase versus lease-back -- be referred to the City Manager. Question being taken, the motion was carried. 85-90 COMMON COUNCIL JANUARY 30, 1995 13. Progress Payment - Landscaping Harbour Station Pedway On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC101328 Maritime Sod Ltd. Landscaping, Harbour Station Pedway Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated January 23, 1995 Holdback release. Nil 19,820.30 $ 3,497.70 $23,318.00 23,318.00 Question being taken, the motion was carried. 14. Progress Payments Contracts 94-10. 94-1 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 94-10, Sydney & Victoria Streets Water and Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 18, 1995 Partial holdback release on completed portion of contract $ 223,019.20 112,892.14 2,000.00 91,856.40 19,035.74 1,245.33 $ 19,035.74 2. Contract 94-1, Curb & Sidewalk Construction Fairville Construction Ltd. Original estimated value of work Total work done, Estimate Number 6 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 6, dated January 25, 1995 Partial holdback release on completed portion of contract. $2,003,908.55 1,777,279.10 7,430.00 1,510,687.24 259,161.86 16,954.51 $ 259,161.86 Question being taken, the motion was carried. 85-91 COMMON COUNCIL JANUARY 30, 1995 15. 1995 Insurance CoveraQe On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Council authorize the payment of $572,372 to The Frank Cowan Company Limited with respect to the 1995 insurance coverages for the City of Saint John. Mr. Wilson highlighted the proposed 1995 insurance coverages, noting the reason for the increase in premiums as outlined in the City Manager's report in this regard; and responded to Council queries on the matter, including the question of the City insuring itself and the City's action through its Risk Management Committee in an attempt to prevent losses. (Councillors Coughlan and Rogers entered the meeting during the above discussion.) Question being taken, the motion was carried. 7. St. Peter's Home And School Association Closure Of St. Peter's School Mr. John MacKenzie, President of St. Peter's Home and School Association, addressed Council on the issue of the closure of St. Peter's School and, reading from a prepared brief (which he subsequently filed with the Common Clerk), explained what the closure of St. Peter's School would mean to the North End in terms of action which has been taken in the past four years with the closure of two other schools and the upgrading of the Rifle Range housing, and with respect to, as the closest school to St. Peter's School is 1.5 kilometres, the resultant 20-25 minute walk for some children as young as four who would be starting kindergarten. Mr. MacKenzie advised that the Association's proposal to the District 8 School Board was to have St. Peter's School remain open as an elementary school facility, specifically from Kindergarten to Grade 6; and asked Council to forward a letter to Education Minister Vaughn Blaney, with a copy to Saint John MLA The Honourable Leo McAdam, to get answers to the following questions which the Association was unable to get: (1) why has the North End been targeted three times in the last four years; (2) why was the latest proposal not openly discussed before the vote was taken; (3) why is St. Peter's closing if its K-6 student/teacher ratio is higher than other area schools; (4) why should the children of the North End be subject to 20-25 minute walks to school, if other area children need walk only for 7-8 minutes; and (5) why is the Province concerned with building repair costs, when it is the landlord's responsibility. During discussion in response to Council queries, Mr. MacKenzie advised that St. Peter's School currently has grades one to nine and the possibility is there that Centennial and Princess Elizabeth Schools could hold its approximate 189 students; and that he has directed his concerns to MLA Leo McAdam who, for the presentation to the Board of School Trustees on January 25, provided him with a letter of support, and that he has also talked with MP Elsie Wayne and Deputy Mayor McAlary in this regard and, while he knows that the Provincial Government is the only one that can solve the problem, he would like Council to write a letter to the Province, on the Association's behalf, to obtain the answers to the questions; and also advised that, with regard to involvement by the Diocese of Saint John as owner of the School which is affiliated with St. Peter's Church, there was no public opposition taken by any group other than the Association; however, he feels that there would have been no problem at all had the Church been asked for a specific amount of money and it was a reasonable offer with a guarantee that it would continue to lease the building. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that, with regard to the presentation by Mr. John MacKenzie, President of the St. Peter's Home and School Association on the closure of St. Peter's School, the Common Council of the City of 85-92 COMMON COUNCIL JANUARY 30, 1995 Saint John express concern about a decision of this magnitude being made without further input, and that the City Manager be requested to contact the School Board, the MLAs and the Minister of Education to obtain further answers on the process as, while a decision has been made, Council does not want to see a repeat of it without some further input, particularly from City staff. The initial motion proposed by Councillor Knibb was to refer the above matter to the City Manager and at the same time ask the Board of School Trustees to respond to the Association's concerns expressed at this meeting, and invite the MLAs and the Minister of Education's involvement in this regard; and during discussion Councillor Rogers questioned whether or not Council should do more than refer the matter in that, while Council cannot do much about overturning the School Board's decision, the School Board should know Council's displeasure over the difficulty for the children involved and a possible loss of teaching jobs, and whether or not the Minister of Education should be asked how many other schools in the Province are being closed and how many other cities have had three school closures in the same area in the past three years. Councillor Knibb subsequently proposed the above motion and, in response to Deputy Mayor McAlary's question of whether or not the motion should include that a letter be forwarded to the Minister of Education asking for answers to the Association's questions, Councillor Knibb suggested that Council should get the City Manager to consult with the Minister. Question being taken, the motion was carried. 11. Format Of Council AQendas Consideration was given to a letter from Councillors M. Vincent, Coughlan and Chase referring to the Mayor's suggestion in December that Councillor M. Vincent and one or two other Council members could submit for Council's consideration a general policy of what items belong in Committee of the Whole and what items do not, and to the suggestion at the last Council meeting that this matter should be placed on the agenda for Council's consideration; and asking Council's support by adopting a resolution establishing a committee, comprised of Councillor M. Vincent as Chairman and Councillors Chase and Coughlan, and any other interested Council members, to carry out the task previously suggested by Mayor Higgins, and that the committee be asked to seek submissions and input from senior staff and the public, following which a report and recommendations would be submitted to Common Council for its consideration. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that a committee be established, comprised of Councillor M. Vincent as Chairman and Councillors Chase and Coughlan, and any other interested Council members, to carry out the task previously suggested by Mayor Higgins as indicated in the above letter, and that the committee be asked to seek submissions and input from senior staff and the public, following which a report and recommendations would be submitted to Common Council for its consideration. Question being taken, the motion was carried. 16. Infrastructure ProQram Update On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager updating Council on the following projects being carried out under the Canada/New Brunswick Infrastructure Program:- (1) lead service pipe renewal; (2) Crown Street retaining wall; and (3) wastewater system extension for the Lower West Side and the Millidgeville drainage basin -- be received and filed. (Councillor Trites withdrew from the meeting.) 85-93 COMMON COUNCIL JANUARY 30, 1995 Question being taken, the motion was carried. 17. SmokinQ Bv-Law On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that the Building & Technical Services Department has, during the past year and a half since Council's enactment of the Smoking By-Law, received significant feedback from the community, most of which appears to be positive in that the citizens and owners/operators of public places endorse the intent of the By-Law, and that complaints received relate to violations of the By-Law, not that there is a By- Law; and submitting a brochure to be delivered to various agencies and associations throughout Saint John in anticipation that increased public awareness will result in increased compliance with the law -- be received and filed and staff be commended on the excellent brochure on the Smoking By-Law. Question being taken, the motion was carried. 18. Zoning By-Law Amendment To Re-Zone 1771 Old Black River Road Consideration was given to a report from the City Manager regarding the application of Karen Hosford for the re-zoning of 1771 Old Black River Road, the public hearing for which was held on November 28, 1994, with no readings given to the proposed By-Law amendment and the application tabled pending additional information from staff; commenting on a meeting held with John Hosford, representing the applicant, and two concerned area residents, Harold Comeau and Ahmed Hedar, at the conclusion of which the participants appeared satisfied with the discussion and indicated favourable response to the original re-zoning request; and recommending that, as recommended by the Planning Advisory Committee, Council re-zone approximately 9.7 hectares (24 acres) of land situated at 1771 Old Black River Road (a portion of NBGIC Number 336834), from "RF" Rural to "RFM" Rural Mobile Home classification. 27. Harold Edward Comeau Opposition To Re-ZoninQ 1771 Old Black River Road Consideration was also given to a letter from Mr. Harold Edward Comeau, the owner of 1765 Old Black River Road, re-iterating his opposition to the re- zoning of the property at 1771 Old Black River Road; and advising that he is not opposed to a continued temporary use, for a short reasonable period, to allow Ms. Hosford to permit the construction of a mini-home or a single-family home. 18. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 9.7 hectares (24 acres) of land situated at 1771 Old Black River Road (a portion of NBGIC Number 336834), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law to amend the 85-94 COMMON COUNCIL JANUARY 30, 1995 By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 9.7 hectares (24 acres) of land situated at 1771 Old Black River Road (a portion of NBGIC Number 336834), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 27. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mr. Harold Edward Comeau, the owner of 1765 Old Black River Road, concerning the re-zoning of the property at 1771 Old Black River Road, be received and filed. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) *18A. Nominee To Arbitration Board Collective BarQaininQ Dispute With Local 771 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Mr. Gerald M. (Gary) Lawson be named as the City's nominee on the Arbitration Board in the matter of the collective bargaining dispute between the City of Saint John and the Saint John Fire Fighters' Association, Local 771, I.A.F.F. Question being taken, the motion was carried. 19. Water And SeweraQe Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and discounts, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried. 20. Legal Session Resolution - Local 61 Application For Judicial Review Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Council on January 23, 1995. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the following resolution be adopted, namely:- "WHEREAS C.U.P.E. Local 61 has filed with the Court of Queen's Bench a Notice of Application seeking judicial review of the Interest Arbitration Award 85-95 COMMON COUNCIL JANUARY 30, 1995 dated January 8, 1995 between the City and C.U.P.E. Local 61 and has also received a Stay of Proceedings with respect to the implementation of that Award: THEREFORE BE IT RESOLVED that the City Solicitor or his designate is hereby authorized to file with the Court any documentation necessary to respond to the said Application for Judicial Review and Stay of Proceedings as well as to participate in any and all proceedings arising in this matter.". Question being taken, the motion was carried. 21. 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 reports Your Committee reports that it sat on January 23, 1995, when there were present Deputy Mayor McAlary and Councillors Coughlan, Gould, Knibb, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, A. Common Council authorize the following property acquisitions as illustrated on submitted Plan 3 in conjunction with the Western Beaches collector sewer and subject to the City finalizing the acquisition of Canadian Pacific Limited statutory right-of-way as provided for by Common Council resolution of November 21, 1994:- (1) Parcel: G Owner: Estate of Wilhelmma Henderson MacLaren Morrison Area: 13,100 square feet Proposed Purchase Terms: Freehold interest for $900 plus all costs associated with completing the transaction; (2) Parcel: H Owner: Diocese of Saint John Area: 1.6 acres Proposed Purchase Terms: Freehold interest for $5,000 plus all costs associated with completing the transaction; (3) Parcel: Owner: Diocese of Saint John Area: 24,740 square feet Proposed Purchase Terms: The Diocese will provide the City with a municipal services easement over the entire parcel in exchange for the rights being acquired by the City from Canadian Pacific Ltd.; and the City will be responsible for all costs associated with completing the transaction; (4) Parcel: J Owner: Honourable Mr. Justice Raymond and Mrs. Guerette Area: :t 16,329 square feet Proposed Purchase Terms: Mr. Justice Guerette will provide the City with a municipal services easement over the entire parcel in exchange for the rights being acquired by the City from Canadian Pacific Ltd.; and the City will be responsible for all costs associated with completing the transaction; and (5) Parcel: Owner: Area: K Jack Vanwart 21,800 square feet 85-96 COMMON COUNCIL JANUARY 30, 1995 Proposed Purchase Terms: Freehold interest for $2,900 plus all associated costs to complete the transaction; and B. Common Council authorize the City Solicitor or his designate to commence expropriation proceedings to acquire the freehold interest from the owners of Parcel L. January 30, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Property Acquisition For Western Beaches Trunk Sewer Project On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 22. Rockwood Park Advisory Board Recreation And Parks Advisory Board Use Of Lilv Lake For Canoes & Kavaks On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the joint report from the Rockwood Park Advisory Board and the Recreation and Parks Advisory Board submitting a proposal for the use of Lily Lake by the public for canoes and kayaks; advising that, at present, canoeing and kayaking on Lily Lake is available to the public only through the Recreation Department's structured outdoor programs and public access has not been permitted to date, and that the Department has developed guidelines in this regard; and also advising that the Boards each support the use of Lily Lake as a venue for canoeing/kayaking -- be received and filed. Question being taken, the motion was carried. 23. FCM - National Airports Policv On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the letter from the President of the Federation of Canadian Municipalities advising steps it has taken on behalf of Council regarding the National Airports Policy (NAP) announced by the Minister of Transport, The Honourable Douglas Young, in July 1994; and requesting Council's answers by February 15 to the submitted questions on the impact of the NAP in the community which will allow FCM to better represent municipal concerns -- be referred to the City Manager for completion of the submitted questions in consultation with Mr. Lino Celeste. Mr. Totten concurred that it would be in order for Council to ask Mr. Celeste to meet with Council to discuss the above matter, and Deputy Mayor McAlary suggested that Mr. Celeste should be asked if he would prefer to submit a report or meet with Council, and that Council might want to ask him if it could be represented on the committee. Question being taken, the motion was carried. 85-97 COMMON COUNCIL JANUARY 30, 1995 24. Minister of Municipalities, Culture And Housing - Canada/New Brunswick Cooperation AQreement On Economic Development On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Paul Duffie, Minister of Municipalities, Culture and Housing, responding to Common Council resolution of December 12, 1994 on the pending expiry of the Canada/New Brunswick Cooperation Agreement on Urban Economic Development; and advising that the Government of New Brunswick places a high priority on renewing this Agreement and is actively soliciting Federal concurrence -- be received and filed and the Minister be thanked for his support of Council's initiative of trying to get the Agreement to remain in place. Question being taken, the motion was carried. (Councillor Knibb withdrew from the meeting.) 25. Port City Salute '95 - Request For City To Buv Block Of Tickets On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from W. L. Kerwin, Chairperson of the Port City Salute '95 Committee, advising that the Committee has been formed to bring a tattoo to the City in 1996; and asking the City for support by purchasing a block of tickets -- be referred to the City Manager to determine if there is funding available in unspecified grants. Question being taken, the motion was carried. (Councillor Knibb re-entered the meeting.) 26. Fred Garrett - HiQhwav SiQns On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Fred Garrett asking for an explanation on how the new signs, on the Mackay and Martinon Highways cut-offs were approved in that they do not show respect towards the Loyalist heritage that past mayors and councils saw fit to protect; and suggesting that, in the past, as these signs would have been approved by Council, the change from the old sign to the new one should have come before Council for discussion and approval, as required on any issue of policy -- be referred to the City Manager for a report to Council. Councillor Gould noted the presence of Mr. Fred Garrett in the Council Chamber in that Council might want him to address his letter; and Mr. Totten commented on the above matter on the basis of the process and the issue in terms of how the new highway sign was selected, as well as the comments in the local newspaper on this date on the role played by City staff in this regard and, with respect to the issue of whether or not the Loyalist Man symbol is a policy decision put forth by Common Council, referred to Council's instruction in 1986, having been presented with a sign designed by consultants, to include the Loyalist Man on that particular sign, and Council's subsequent consent in 1987 to the redesigned sign and, as the matter was before Council because the total bill to have the signs made was over the City Manager's spending authority, it was not a policy decision perse but rather it came before Council, Council expressed a view, and the Loyalist Man was put on that particular sign. Mr. Totten explained how staff attempted to capitalize on the most 85-98 COMMON COUNCIL JANUARY 30, 1995 frequently-noted comment of visitors to the City by depicting friendly smiles and happy people, as well as to depict the City's Loyalist history by a costume worn by one of the persons in the picture, the Saint John Flames and the Imperial Theatre by tickets being held, water recreation by a sail boat, the City Market by featuring a City Market merchant, birdwatching by a person holding binoculars, and also that the City caters to all - children, young people, seniors, entrepreneurs, history buffs and sports enthusiasts; however, it was not in any way an attempt to move away from the Loyalist Man or the Loyalist history of the community, and the process was within the authority of City staff and, as it was beyond the departmental spending authority, he signed the requisition. Mr. Totten cited examples of literature produced by the City which promotes its Loyalist history; made the observation that staff has had a number of favourable comments on the new highway welcome signs; and assured Council that it was not in any way intended to go against any position or policy position taken by Council. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Legal Session. Question being taken, the motion was carried. Common Clerk