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1996-07-29_Minutes 86-1 COMMON COUNCIL JULY 29, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of July, AD. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; D. Wilson, Commissioner of Finance; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; W. Edwards, Building Inspector; L. Graham, Manager of Data Processing Services; S. Lodhi, Manager of Real Estate and Facility Management; R. Pollock, Planner; B. Thompson, Deputy Chief of Police; J. Hanlon, Deputy Fire Chief; Ms. L. Farrell, Solicitor; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. The Mayor welcomed to the Council Chamber a member of the Buskers Uptown Festival group which performed in the City of Saint John during the past weekend, Mr. Masaji Terasawa who, in displaying a peace pole, advised his intent to present a peace pole, inscribed in both official languages, to the City of Saint John on July 30, and also that over 10,000 peace poles now stand around the world, a practice that started in Japan after World War II. Mayor McAlary thanked Mr. Terasawa and advised that an appropriate place would be located to erect the peace pole. Four representatives of the Square and Round Dance group were present at the meeting and, at the Mayor's invitation, Mr. J. Little announced that the City of Saint John had been awarded the 13th Annual Canadian Square and Round Dance Convention for the year 2002, and commented on the anticipated benefits to the City of this event. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on July 15, 1996 be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 459 & 460 Ashburn Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a 9-acre parcel of land at 459 and 460 Ashburn Road (NBGIC Number 52720), from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same property from "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "1-1" Light Industrial classification, to permit the establishment of an automotive service and repair garage on the portion of the property lying between Ashburn Road and the Saint John Throughway, as requested by Alpine Motors/M. Kueppers, and no written objections were received in this regard. 86-2 COMMON COUNCIL JULY 29, 1996 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report considered at its July 23 meeting at which the applicant, Michael Kueppers, and his business partner, Paul Deragon, expressed disagreement with the staff recommendation to deny the application; advising that, as several Committee members expressed support for re- zoning the portion of the property between Ashburn Road and the Throughway but had concerns regarding potential future uses as well as the appearance of the proposed development and the flood risk area and potential groundwater contamination, the Committee requested that staff work with the applicant to prepare appropriate conditions, pursuant to Section 39 of the Community Planning Act, for consideration by the Committee at its next meeting on August 6, 1996, and the Committee is recommending that the public hearing be held and Council give first and second readings to the Municipal Plan amendment and re-zoning of the portion of the property lying between Ashburn Road and the Throughway, in anticipation that appropriate Section 39 conditions would be available for Council's meeting on August 12, when third reading would normally be considered; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan the eastern portion of the subject property, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from Low Density Residential to Light Industrial classification; (2) re-zone the same portion of land from "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "1-1" Light Industrial classification; and (3) not give third reading to the amendments until Section 39 conditions are recommended by the Planning Advisory Committee. Mr. M. Kueppers, appearing in support of his application, advised that it would be the intent to build a service repair garage for certain foreign cars, such as BMW, Volvo, Audi, Porche and Volkswagen and, as there is currently no dealership for the first three named, this would be filling a need in the area; and also advised that, as indicated at the Planning Advisory Committee meeting at which time he had a set of drawings and plans, he wanted to follow the guidelines set out for building in the flood plain area. In response to Council queries, Mr. Kueppers noted the location of the proposed garage on the Highway side of Ashburn Road; advised that he would be willing to comply with landscaping requirements and the property would be kept neat and presentable; and responded to concerns with respect to the location of the property in the flood plain and the possible future need of the property for an interchange, as well as the choice of the subject property for the proposed business based on visibility and accessibility. 3{a) On motion of Councillor Knibb Seconded by Councillor Vincent 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 eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from Low Density Residential to Light Industrial classification, be read a first time. Councillor Brown advised that, like Councillor Gould, he also has a concern about re-zoning a property which might be required for an interchange on the Throughway; and suggested that, as he understands that the study being undertaken by Fiander-Good is expected to be done by mid- to-late August, Council should table this matter until the report on the study comes forward, rather than possibly defeat the above motion due to a lack of information or because of doubts in this regard. The Mayor noted section (3) of the Planning Advisory Committee's above recommendation, and suggested that a tabling motion would be in order. 86-3 COMMON COUNCIL JULY 29, 1996 On motion of Councillor Brown Seconded by Councillor Gould RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Chase, Knibb, Trites, Vincent and Waldschutz voting "nay". Councillor Trites, President of Saint John Industrial Parks Ltd., commented on the issue of the study commissioned from Fiander-Good Associates Limited as part of an overall industrial parks study, to investigate the need of a major arterial connection between Route 1 and East Saint John. In response to Councillor Gould, Mr. Pollock advised that the major reason for staff's recommendation to deny the application was that, although staff can see that the subject area will eventually be appropriate for Light Industrial-type uses, it was considered premature to re-zone the subject property until such time as the recommendation with respect to highway interchange is known and, while there are other issues with respect to this property such as its location in the flood risk area and its visibility, those issues are surmountable. Question being taken, the original motion was carried with Councillors Brown and Gould voting "nay". Read a first time the by-law entitled, "A Law to Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites 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 eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 3{b) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from "RS- 2" One- and Two-Family Suburban Residential and "RF" Rural to "1-1" Light Industrial classification, be read a first time. With regard to the suggestion that Council should advise the Planning Advisory Committee that it should have the Fiander-Good report in its possession before recommending the Section 39 conditions to Council, the Mayor suggested that this reference could be added to section (3) of the Committee's above recommendation to Council, and Councillor Trites advised that the steering committee, which includes membership from Industrial Parks Ltd. and Enterprise Saint John and a few local people, would ensure that the Fiander-Good report would be forwarded to the Planning 86-4 COMMON COUNCIL JULY 29, 1996 Advisory Committee as soon as possible after its receipt within the next couple of weeks. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "1-1" Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillors Brown and Gould 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 Trites RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 742 Sand Cove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of 742 Sand Cove Road (NBGIC Number 55117063), containing an area of approximately 2,488 square metres, from "R- 1 B" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the construction of a four-unit apartment building, as requested by John and Theresa Stewart, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report, ten letters in opposition, as well as two petitions (each with a covering letter) against the application, and a letter in favour of the application from the applicants, considered at the Committee's July 23 meeting at which the applicants were present in favour and a large number of area residents attended in opposition to the application; and recommending that the application not be approved. Mr. Norman McFarlane of 398 Elmore Crescent spoke against the above proposal on the basis that the proposed development of the subject property, which is about the only vacant lot in the total area, could possibly disrupt this quiet neighbourhood which consists of single-family dwellings, and the safety aspect of creating an apartment building on this lot due to its location on a very dangerous curve where many children walk on the opposite side of the street going to and from school. Mr. McFarlane noted the increase in vehicular traffic on Sand Cove Road with the opening of the Irving Nature Park in that any driveway into the subject lot with a number of vehicles going in and out, as would be the case were an apartment building to be constructed, would create more problems on this dangerous curve; and suggested that the proposed re-zoning would leave open a way for people in the future to add apartments to their existing single-family dwellings which, if this happened, would 86-5 COMMON COUNCIL JULY 29, 1996 change the area from a quiet single-family residential area with more traffic and vehicular parking on the streets. Mr. McFarlane questioned the need for more apartments in Saint John in view of the current vacancy rate, and asked Council's consideration of these concerns in making its decision. In response to Councillor Trites' observation that, rather than consider the need for apartments in the City, Council should be considering the appropriateness of a particular proposal in the area concerned, Mr. McFarlane clarified that his purpose before Council was that he does not think there is a need to have an apartment building on the only lot left in a quiet residential area. Mr. Robert McPherson of 381 Driscoll Drive, appearing in opposition to the proposed re-zoning, advised his endorsement of Mr. McFarlane's above comments; and suggested that, although Blue Heron Park and Mansfield Place are zoned "RM-1", these areas are very separate and distinct from the subject area. Mr. McPherson expressed concern that, although it is the intent of the applicants to reside in the building, this could change if the building were sold, and also about the possible use to which the large area to the rear of the proposed building, such as a home business. Mrs. Bridget Kean of 732 Sand Cove Road addressed Council in opposition to the above proposal, and advised that, while she has the same concerns mentioned by the above presenters, her main concern is the danger exiting onto Sand Cove Road because of traffic, and that she does not use one of her driveways, which is adjacent to the subject property, because of this. Mrs. Kean suggested that putting a playground at the rear of the subject property, which would be adjacent to a private tennis court on her property, would seem to open up this area which would be of concern as she lives in a private residential area and does not want that type of thing. Mr. George Trentowsky of 745 Sand Cove Road spoke against the proposed re-zoning and advised that the only real problem is the increasing hazard of the sharp turn in the road in front of his home, which has been the scene of a number of accidents most involving cars travelling too fast to make the turn; explained that vehicles often go out around him when he is backing into his driveway, going over the middle line when they do so, and that he must be very careful exiting his driveway; and expressed concern about the increased hazard of a number of additional vehicles accessing the proposed development from this dangerous turn on Sand Cove Road. Mr. B. Crawford of 20 Blue Heron Park on Sand Cove Road, appearing in opposition to the proposal, noted the letter and petition submitted to the Planning Advisory Committee by Blue Heron Park residents; and advised that he is against the proposed re-zoning, having purchased his home in the area thinking that everything would be quiet, which it presently is, and the proposed building could change that for the area. Mr. John Stewart, appearing in support of his application, advised that he owns the subject property and, in acknowledging the opposition to the proposal, noted the controversy at the time of the re-zoning of two other properties in the area, being Blue Heron Park and the apartment buildings at the back portion of his lot on the basis that neither have posed any great concerns to residents of the area; and suggested that the house he proposes to construct on the lot conforms with houses in the area and would provide suitable accommodations for four families and more than adequate parking on the lot. Mr. Stewart explained that, with regard to the concern about possible development of the rear portion of the lot, development of the front portion would virtually render the rear area useless from the standpoint that it could not be developed into another apartment building or house complex; and, as to his willingness to put up a playground, this would not necessarily be for people in surrounding areas, but more specifically for children in the immediate area, including the apartment building. Mr. Stewart noted that the conclusion of the above-mentioned Planning staff report indicates that it appears the proposed apartment building can be physically accommodated on the site and, in addition, there are two nearby areas which are zoned "RM-1" and thereby lend some support for the proposal; and suggested that there has been no valid opposition to the re-zoning of the subject property in that there would not be vehicles backing out onto the street, children would still walk on the opposite side of the street, the proposal does not involve a 3-storey apartment building, 86-6 COMMON COUNCIL JULY 29, 1996 and there is no suggestion of building anything other than possibly a playground at the back of the property. During discussion, Mr. Stewart made the observation that Blue Heron Park borders on a railway track, thus it is not as if this is an area that has total peace and tranquility; responded to questions with respect to his proposal; and displayed a drawing of the proposed building. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the application of John and Theresa Stewart for the re- zoning of 742 Sand Cove Road not be approved. Question being taken, the motion was carried. 5(a) Street Closing By-Law Amendment To Close Portion Of Lake Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to stop up and close a portion of Lake Road, and 5{b) a letter was received in this regard from Eileen Hannah submitting three petitions against the closure and sale of Lake Road, Berryman Place. Mrs. Eileen Hannah of 43 Greenwood Lane, speaking in opposition to the proposed closure of a portion of Lake Road, asked when the City acquired title to the property in question in order to sell it in that the property is deeded to the people who live there and it is for their use; and suggested that, as she has a letter from Mr. C. Robichaud, Commissioner of Municipal Operations, stating that Greenwood Lane is a private road, if Greenwood Lane is private, it all is private and belongs the people who live there, not the City. Mrs. Hannah, in response to Council queries, advised of her use of the Road in question since 1950 as a means to access the water, and the Mayor suggested that Council would have to verify ownership of the portion of Lake Road proposed for closure. Mr. Michael Hannah of 48 Greenwood Lane appeared in opposition to the proposed amendment, and advised of his use of Lake Road. Mr. Harry Colwell, solicitor for Mrs. Josephine Riley, spoke in support of the proposed Street Closing By-Law amendment; noted Mrs. Riley's request for the City to close and sell a portion of Lake Road starting in 1994; and referred to a Consent Order of the Court of Queen's Bench of New Brunswick (copies of which were distributed to Council members at this meeting) in commenting on the issue of ownership of property, as well as the issue of the rights that Mrs. Hannah would have with respect to that portion of Lake Road. Mr. Colwell explained that, the Court having determined and agreed that Mrs. Hannah had no interest in terms of the portion of Lake Road as shown on the 1915 plan, it was on this basis that Mrs. Riley approached the City for the purpose of obtaining a conveyance of that portion as would affect her frontage and, as a result of that, it would appear that City staff considered it should deal with the entire area which affects six property owners adjacent to the Lake. Mr. Colwell made the observation that, with regard to the strip of plan shown on the 1915 subdivision plan, there is no issue that the road was never developed and never used, and the question of ownership would be for the City to determine; and clarified that Mrs. Josephine Riley and Mrs. Josephine G. Fraser, the latter referenced on the Court Consent document distributed at this meeting, are one and the same person. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above matter be laid on the table and referred to the City Manager for examination of the question of 86-7 COMMON COUNCIL JULY 29, 1996 ownership of the subject portion of Lake Road. Question being taken, the tabling motion was carried. 6. Mayor's Remarks Mayor McAlary extended condolences to the family of the late Mr. Raymond Parker, a former member of Council for the Parish of Simonds, who passed away on this date. The Mayor commented on the recent ranking by the Report on Business Magazine, a supplement to the Globe and Mail newspaper, of the City of Saint John among the top five cities in the country in which to do business for those who value quality of life. The Mayor called for a motion to extend congratulations to Marianne Limpert of Fredericton on winning the Silver Medal for the Women's 200-metre individual swimming medley in the 1996 Summer Olympic Games in Atlanta, Georgia, and noted that Miss Limpert referred to her training at the Canada Games Aquatic Centre in Saint John during her interview. Councillor Trites suggested that all New Brunswick athletes who participated in the 1996 Olympic Games should be congratulated, including Richard Soucy of Buctouche and Tara Macintyre of Saint John, and the motion was changed to accordingly. *Motion Of ConQratulations On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend congratulations to Marianne Limpert of Fredericton on winning the Silver Medal for the Women's 200-metre individual medley in the 1996 Summer Olympic Games, and also to all other New Brunswick athletes who participated in the 1996 Summer Olympic Games. The Mayor noted her intent, as suggested by Deputy Mayor Chase, to forward a copy of the letter to Marianne Limpert to the Mayor of Fredericton. Question being taken, the motion was carried. Mayor McAlary displayed a poster of historical properties in Saint John, which was produced by Rob Roy; and noted the opening of Festival By The Sea on August 9 in the City. 7. Corner Of Ludlow & Charlotte Streets Read a letter from Mayor McAlary submitting a letter and petition to Common Council requesting a four-way stop sign at the corner of Charlotte Street West and Ludlow Street in view of the number of accidents that have occurred at this corner; and asking that this issue be referred to staff, unless staff is prepared to speak on this issue at this time. A motion was proposed by Councillor Vincent to refer the above letter to the City Manager for a report and recommendation, whereupon the Mayor expressed the understanding that Mr. Armstrong was prepared to comment at this time as a site visit has already been made. Mr. Armstrong advised that a review of the accidents at the intersection in question over the last few years indicates that there has been a change, with 6 accidents to date in 1996 while in each of 1994 and 1995 there were 2 accidents; therefore, staff is concerned about a visibility problem at the intersection of Ludlow and Charlotte Streets and proposes the installation of a flashing light in the middle of the intersection to highlight the fact that there is a stop sign, at a cost of approximately $3,000. (Councillor Trites withdrew from the meeting.) Councillor Vincent withdrew the proposed motion and, with regard to the 86-8 COMMON COUNCIL JULY 29, 1996 Mayor's suggestion that the motion could be to advise the citizens of the action to be taken, Mr. Armstrong advised that he would undertake to speak to the people with whom the Mayor met in the above regard. 8. Port Police Issue Consideration was given to letter from Mayor McAlary advising that a full presentation on the issue surrounding the Port Police at the Port of Saint John will be given at open session of Common Council on August 12, 1996 at which time members of the Security Review Committee, the Saint John Port Corporation, Port users, the Solicitor General's Department, Canada Customs representatives, and the Chief of Police will be making presentations, and the most up-to-date information will be provided. (Councillor Trites re-entered the meeting.) The Mayor expressed the understanding that the Canada Marine Policy is now on hold and the Federal Government has made a decision to hold public hearings across the country starting October-November; and, in response to Councillor Vincent's query as to the presence of the Saint John Board of Police Commissioners at the August 12 Council meeting, suggested that the Commission could be advised of the presentation and could be present, but would not be part of the presentation. Councillor Trites suggested that representatives of the Saint John Police Force and the Ports Canada Police should be added to the above list of presenters to express their concerns, having been actively involved in a public relations campaign in this regard. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that representatives of both the Saint John Policemen's Protective Association CUPE Local 61 and the Ports Canada Police CUPE Local 1925 be added to the above-mentioned list of presenters at the August 12, 1996 Common Council meeting. Question being taken, the motion was carried. 8A. Use Of Local Workers For Construction Projects In City On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that the letter from Deputy Mayor Chase advising that, while Council has addressed the matter of giving local preference to bidders for supply of goods and services and major projects and has decided that the free market shall prevail without setting up any barriers, he would like to work through Council and with the City Manager to encourage contractors and their subs to use local workers where qualifications and abilities are equal -- be received and staff be requested to advise Council on issues concerning local labour and whether local labourers are getting equal treatment and if all parties are satisfied that this equal treatment concerning taxpayer-funded projects is, in fact, happening. Councillor Waldschutz expressed concern in that, as alluded to by the Deputy Mayor, there are a lot of Saint John persons working outside the City limits, and they might suffer retaliation if the City of Saint John restricts local jobs to local people. Mayor McAlary suggested that it would be very difficult to include a clause in City contracts requiring the contractor to have local workers, and also that, as the proposed motion would appear to require quite a bit of work by staff members who are presently fairly busy particularly in view of all the cutbacks, Council should not make motions requesting staff to do projects unless they are absolutely necessary. Deputy Mayor Chase clarified his motion to the effect that it was for staff to advise Council on whether local labour is getting the treatment it deserves and that all parties are satisfied, and it was not his intent for staff to actually physically go out and gather that information, thus adding to the staff workload, but merely to apprise Council if that is a complaint by any segment of the City's population. 86-9 COMMON COUNCIL JULY 29, 1996 Question being taken, the Mayor declared the motion lost. 8B. Rape Crisis Line FundinQ On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor Chase suggesting that, as the Rape Crisis Line is disconnected, Common Council funds a number of facilities and agencies that could be encouraged to find a room and a phone for the Rape Crisis Line volunteers on an interim basis to see that this increasingly and needed service does not become defunct -- be received and staff be requested to contact Angela Powers of Sexual Assault Centre Inc. to determine what, if anything, Council can do to ensure that a Sexual Assault Crisis Line is available to the citizens of Saint John, and further that the City request the Solicitor General of New Brunswick to explain why she has cut funding for a Rape Crisis Line in Saint John. Question being taken, the motion was carried. 8C. Weather Network Map Summary On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that the letter from Deputy Mayor Chase advising that it has come to his attention that Saint John is notable by its absence from the weather map summary on the Weather Network, Channel 4 Cable; and suggesting that an explanation would be in order from the Weather Network in Montreal and a commitment to include Saint John would be in order -- be received and the Mayor forward a letter to the Weather Network in Montreal, Quebec, expressing Council's concerns that Saint John, the largest City and industrial base of the Province of New Brunswick and just selected as one of the top five cities in Canada, is notable by its complete absence on the Provincial weather map summary. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 9. Tender For Contract 96-13 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 96-13, sealing 900 mm diameter watermain joints - Rothesay Avenue, be awarded to the low tenderer, Atlantic Underground Services Ltd., at the tendered price of $215,000, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 10. Tender For Contract 96-15 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 96-15, Second Street East - Melrose Street water and sewer construction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $220,638, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. 86-10 COMMON COUNCIL JULY 29, 1996 (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 11. Tender For Contract 96-16 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, contract 96-16, Buena Vista Avenue water and sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $305,314, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12. Tender For Contract 96-18 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 96-18, crackfilling 1996, be awarded to the low tenderer, Road Savers Maritime Limited, at the tendered price of $22,400, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 13. Letter Of Agreement With Civic Unions 18, 486, 771 - Final Step In Grievance Procedure On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, Common Council: (a) approve the submitted Letter of agreement amending the collective agreement with the Canadian Union of Public Employees, Local No. 18 (Outside Workers), regarding the final step in the grievance procedure and, subject to the City Solicitor's review as to legality and form, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City; (b) approve the submitted Letter of Agreement amending the collective agreement with the Canadian Union of Public Employees, Saint John City Hall Employees' Local Union No. 486 regarding the final step of the grievance procedure and, subject to the City Solicitor's review as to legality and form, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City; and (c) approve the submitted Letter of Agreement amending the collective agreement with the Saint John Fire Fighters' Association, Local Union No. 771, I.AF.F., regarding the final step in the adjustment procedure and, subject to the City Solicitor's review as to legality and form, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. Question being taken, the motion was carried. 14. Letter Of Agreement With Local 771 - Retirement Pay Option On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the submitted Letter of Agreement with the Saint John Fire Fighters' Association, Local Union No. 771, I.AF.F., regarding a retirement pay option and, subject to the City Solicitor's review as to legality and form, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. 86-11 COMMON COUNCIL JULY 29, 1996 Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 15. Establishment ChanQe - Community Services Consideration was given to a report from the City Manager advising that one position of Sub-Foreman has become vacant in the Community Services Department - Parks Division, due to the promotion of an individual to another position and, to reflect the changing nature of the work in this Department and to maintain the 293 required workers with respect to the Local 18 collective agreement, it is necessary to review each position as it becomes vacant and make an appropriate recommendation to Council; and recommending, as the position of a Gardener/Arborist is more appropriate at this time as a shrinking workforce does not require the amount of supervision required in the past, the deletion of one Sub-Foreman position and the addition of one Gardener/Arborist position. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, one position of Sub-Foreman be deleted from the Establishment and one position of Gardener/Arborist be added to the Establishment. Question being taken, the motion was carried. 16. Maintenance Agreement Provincial HiQhways 1996 On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Maintenance Agreement for Provincial Highways 1996. Question being taken, the motion was carried. 17. Encroachment Upon Easement 16 HardinQ Street Consideration was given to a report from the City Manager advising that, as it has been discovered that the foundation of a new dwelling at 16 Harding Street encroaches upon the easement for municipal services reserved by the City, Mike Cavanagh Homes Inc. has requested Common Council's release of a portion of the easement due to this encroachment; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the release of approximately the .93m2 portion of the easement for municipal services occupied by the foundation of the dwelling located at 16 Harding Street, as generally shown on the submitted plan, the release of this portion of easement being subject to the following terms and conditions:- (a) Mike Cavanagh Homes Inc. is responsible for all costs associated in preparing the release documents; (b) Mike Cavanagh Homes Inc. and its successors in title to 16 Harding Street agree to hold the City of Saint John harmless from any damages now or in the future which may arise for any reason as a result of the proximity of the dwelling at 16 Harding Street to the easement for municipal services; and (c) Mike Cavanagh Homes Inc. and its successors in title agree to indemnify the City of Saint John from any damages to persons or property at 16 Harding Street, as a result of any work, maintenance, repair, replacement or installation of new municipal service in and along the existing easement; more specifically, but not limited to, the City is indemnified for all damages, cracks or other disfunctions in the foundation of 16 Harding Street as a result 86-12 COMMON COUNCIL JULY 29, 1996 of any type of work performed by the City or its authorized agents, in and along the existing easement. Question being taken, the motion was carried. 18. Municipal Services Easement 581 To 603 Rothesay Avenue Read a report from the City Manager advising that, further to Common Council resolution of July 2, 1996 approving the acquisition of easements from 10 of the 11 property owners at 581 to 603 Rothesay Avenue from which easements are required to construct a new sewer line, a tentative agreement has been reached with the owner of the last property required for this project; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of an approximately 990 square foot municipal services easement at 603 Rothesay Avenue from Peter Debly at a price of $1 per square foot. Question being taken, the motion was carried. 19. Operation & Maintenance Of City Market Consideration was given to a report from the City Manager advising that, further to the staff report on the operation and maintenance of the Saint John City Market submitted to Council on March 18, the purpose of this report is to assist Common Council in moving the City Market towards being more efficiently operated, more professionally managed and, in turn, producing a positive cash flow to the benefit of all other taxpayers; and recommending that Common Council approve recommendations 1.1 through 3.2 as set out herein, and instruct staff to set about implementing the recommended changes. A motion was proposed by Councillor Knibb and seconded by Councillor Waldschutz to adopt the City Manager's above recommendation, and Mr. Totten highlighted recommendations 1.1 through 3.2 as set out in his report. The Mayor expressed concern about various aspects of the City Manager's recommendations, including a requirement for all City Market tenants to be open when the Market is open; the involvement of two or three City departments with respect to rental collection and space rental in view of a need for one person, such as the Deputy Market Clerk or superintendent, to be involved with the tenants, particularly as it is now the Deputy Market Clerk who does most of the promotion work for the City Market Merchant Tenants' Association; a proposed rent increase on September 1, 1996 being followed by another rent increase in September 1997; the possibility that, if the current City Market tower tenants are required to seek space elsewhere, it could result in them finding alternate locations and subsequently requesting a grant from the City while, at the same time, the space in the City Market tower could remain vacant in that, if the City is not prepared to upgrade the facilities in the City Market tower, it is unlikely that it would be rented to anyone else. Councillor Brown expressed the opinion that, as management of the City Market is the problem and it is necessary to hire, and demand accountability from, somebody who is responsible for the management of the City Market with the authority required, the City be would no better off in another year than it currently is if it proceeds with the above recommendation; questioned the recommendation to increase rents effective September 1, 1996, only to seek professional assistance in 1997 on what the rental structure should be, as well as the recommendation to reassign the Deputy Market Clerk to a superintendent position with additional duties of the Deputy Market Clerk; and advised that he could not support the above document as it does not address the issue of professional management. Councillor Trites suggested that, as the City Manager's report is a document that could require two or three meetings to discuss, Council should consider only section 1.1 of the recommendation rather than consider the entire recommendation at this time because, as each Council member could probably take exception to at least portions of 86-13 COMMON COUNCIL JULY 29, 1996 it, the motion could be defeated, while adoption of section 1.1 of the recommendation would provide Council with a legal opinion on what can be done in terms of City Market By- Law provisions; and also suggested Council should defer discussion on the remainder of the recommendations and, having had more time to review the report, discuss it further initially in Committee of the Whole and subsequently in open session on that same date. The above motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 1.1 of the City Manager's report on the operation and maintenance of the Saint John City Market, dated July 25, 1996, be adopted as follows:- Common Council direct the City Solicitor to: (1) determine if it is necessary to have a City Market By-Law and, if so; (2) review the legality of a number of proposed amendments to City Market By-Law Number C- 115, the intent of these amendments being to institute a more efficient process in areas which the By-Law presently affects, with consideration to be given to the following: (i) changes to the By-Law to allow the City Market to determine the hours necessary to provide the maximum service to residents and tourists; (ii) the necessity to have a Deputy Market Clerk position; and (iii) the necessity to have all leases approved by Common Council thereby possibly exposing what some might consider confidential information of the tenants: AND FURTHER that Council discuss the remaining sections of the City Manager's recommendation in this regard at the next meeting. Councillor Gould, on a point of order, asked for clarification of the motion, and the Mayor so advised. Question being taken, the motion was carried with Councillor Brown voting "nay". 20. Re Funding Request Saint John Free-Net Inc. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John purchase equipment as requested by Saint John Free-Net Inc. in its presentation of April 29, 1996, to the value of $7,900, and make such equipment available to Saint John Free-Net Inc. Question being taken, the motion was carried. 21. Request For Tree-Cutting Moratorium ManawaQonish Road Consideration was given to a report from the City Manager responding to a request at the last meeting on behalf of the Manawagonish Tree Preservation Committee for a moratorium on tree cutting on Manawagonish Road. 30. Manawagonish Tree Preservation Committee Request For Moratorium On Tree CuttinQ Consideration was also given to a letter on behalf of the Manawagonish Tree Preservation Committee providing background information to help clarify its request to Council on July 15 for a moratorium on tree cutting on Manawagonish Road; 86-14 COMMON COUNCIL JULY 29, 1996 as well as to a letter (copies of which were distributed to Council members on this date) from the Manawagonish Tree Preservation Committee submitting a copy of the Timber Inspection Survey of Manawagonish Road. 21. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the request to Council on July 15, 1996 of the Manawagonish Tree Preservation Committee be received and filed and Council support the current practice regarding tree removal and further that Council advise the Manawagonish Tree Preservation Committee that it is unwilling to declare a moratorium on tree removal but will direct staff to continue the current practice of consultation prior to tree removal, in all but emergency situations. Councillor Waldschutz suggested that both the City Manager and the Committee want much the same thing, with the only difference being the manner in which the moratorium gets broken, and that, as the Committee members are likely to have more detailed knowledge and empathy before a tree would be destroyed, the Committee should be granted its moratorium. Councillor Gould suggested that, when staff and the citizens are so close as pointed out by Councillor Waldschutz, there should be no trouble coming up with a common motion that does exactly what both sides want to do; therefore, staff should try once again to work out a common motion with the citizens. Question being taken, the motion was carried with Councillors Gould and Waldschutz voting "nay". 30. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter on behalf of the Manawagonish Tree Preservation Committee providing background information to help clarify its request to Council on July 15 for a moratorium on tree cutting on Manawagonish Road, and the letter from the Committee submitting a copy of the Timber Inspection Inventory of Manawagonish Road -- be received and filed. Question being taken, the motion was carried. 22. Re Funding Request For Marco Polo Hot Air Balloon Read a report from the City Manager further to Council's consideration on July 15 of Mr. Doug Shippee's request for consideration of providing funding assistance for his hot air balloon "Marco Polo". On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council thank Mr. Doug Shippee but deny his request for financial assistance to cover expenses related to the operation of his hot air balloon. Councillor Knibb expressed opposition to the above recommendation on the basis that Mr. Shippee, with his balloon, has done much for the City of Saint John, noting his involvement during Loyalist Days on the night of the parade, and also that the City Manager makes an unfair comparison in his indication that the name "Saint John" is carried on, for example, Moosehead Brewery, trucks; suggested that, as Mr. Shippee's request was specifically for some help in providing uniforms for his six crew 86-15 COMMON COUNCIL JULY 29, 1996 members, the least the City could do would be to offer him a grant of $500; and asked that the motion be withdrawn. Councillor Brown agreed that it was unfair to compare the Marco Polo hot air balloon with Moosehead Brewery, Baxter's and retail and commercial operations in that Mr. Shippee is not supporting his business but rather the City's history. Councillor Trites made the observation that, as he recalls from the original request, Mr. Shippee was asking for help with travel expenses; and advised that, if it were a case of putting Mr. Shippee's crew in uniforms with a Saint John perspective, he might concur with Councillor Knibb. The Mayor asked if Councillor Trites would change his motion so as to approve a grant of $500, whereupon Councillor Trites indicated that he would withdraw his motion and change it to a grant of $500 to assist in providing uniforms for the crew, and Councillor Waldschutz advised that he would not support that motion. The Mayor asked if it were necessary for the seconder of the proposed motion to withdraw the motion, and Councillor Trites suggested that Council could defeat the above motion rather than withdraw it. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Brown, Chase, Gould, Knibb, Trites and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that a grant of $500 be provided to Mr. Doug Shippee to assist in providing uniforms for the crew of the Marco Polo hot air balloon. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". Mr. Totten, referring to the discussion at the last meeting with the Acting City Manager on the City Manager's authority to do certain things, made the observation that, clearly, the City Manager has no authority to issue grants; and advised that, as he did have a discussion with Mr. Shippee and was working towards something with respect to advertising, the issue came back to the Council table before he was able to act on it and he was surprised to see the item on last week's Council's agenda. The Mayor suggested that, rather than place the City Manager in an awkward position by referring such grant requests to him, Council should take responsibility and make a decision at the time of the request, and that this should be in the form of a motion. Councillor Waldschutz offered to propose such a motion, and the Mayor suggested that this matter should be placed on the Council agenda at another time. 23. Re Funding Request For 1 st Annual Saint John Film Festival Consideration was given to a report from the City Manager further to Council's consideration on July 15 of a presentation on behalf of the 1 st Annual Saint John Film Festival requesting financial support. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the City of Saint John support the Saint John Film Festival in the amount of $500 for its first annual event to be held August 3, 1996, consistent with the City's stated desire of providing a multitude of summertime festivals in the community, as well as creating a receptive attitude to this particular industry. Question being taken, the motion was carried. 24. Traffic By-Law Amendment ParkinQ On Mountain Road Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Mountain Road, which was given first and second readings on July 15, 1996. 86-16 COMMON COUNCIL JULY 29, 1996 37. Lee Beyea - Traffic By-Law Amendment Re Mountain Road Consideration was also given to a letter from Mr. Lee Beyea of 18 Mountain Road expressing the opinion that the proposed change to the Traffic By-Law on parking on Mountain Road is a drastic overkill to a very rare problem; proposing that parking be restricted to one side of the street only at all times; and requesting that his concerns be given consideration before third and final reading to the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above matter be laid on the table for two weeks: AND FURTHER that, in the interim, Mr. Beyea or any other concerned residents of Mountain Road be invited to express their concerns to staff. (Councillor Arthurs withdrew from the meeting.) Question being taken, the tabling motion was carried with Councillor Waldschutz voting "nay". 25. Traffic By-Law Amendment ParkinQ On Carmarthen Street Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Carmarthen Street, which was given first and second readings on July 15, 1996. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Carmarthen Street, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 26. Committee Of The Whole Report Read the 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 Monday, July 15, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Manager: (1) those individuals and companies who bid on the following properties: 315 Metcalf Street, 477 Millidge 86-17 COMMON COUNCIL JULY 29, 1996 Avenue and 481 Millidge Avenue, be advised that their bids have been rejected by the City, and their bid deposits be returned, and staff be requested to further investigate with Mr. Phillip Huggard the possibility of developing 199 Cranston Avenue, 26 Lockhart Street and 27 Lockhart Street; (2) Joseph Whelton's bid for the purchase of 79 Tisdale Lane be accepted and Council authorize the sale of Lots 11 to 17 inclusive, in Block 10 of Tidsdale Place (NBGIC Numbers 415760,55030878,55030886, 55030894, 55030902 and 55030910) to Joseph Whelton for the sum of $6,000 and the bid deposit of $300 be accepted as a down payment on the property; (3) Peter Robichaud's bid to purchase 390 Russell Hill Road (NBGIC Number 414672) be accepted and Council authorize the sale to Peter Robichaud for the sum of $13,500 and the bid deposit of $700 be held as a down payment on the property, the sale of NBGIC Number 414672 to be subject to the registering of easements over the various municipal services crossing the property and the relocation of any municipal services on the subject property will be at the expense of the buyer; and (4) staff be advised to continue its efforts to promote City-owned lands for which no bids were received or bids were received but rejected, by negotiating with interested developers and individuals and reporting back to Council for approval. 2. That as recommended by the Acting City Manager, Council: (1) authorize a subdivision plan creating the public street and Parcels "A" and "B" on Thornborough Street, as shown on the submitted plan; and (2) authorize an exchange of land between the City of Saint John and Joanne W. Batten and Dianne J. McAllister whereby: (a) the City will convey to Batten/McAllister Parcels "A" and "B"; (b) Batten/McAllister will prepare and file a subdivision plan to vest public streets rights of way for Thornborough Street and Anglin Drive on land currently owned by Batten/McAllister; (c) Batten/McAllister will prepare and file a subdivision plan to create a 20-foot wide municipal services easement for the existing sewer line on land owned by Batten/McAllister; (d) the location of the street rights of way and municipal services easement to be acceptable to the City Engineer; (e) Batten/McAllister will pay all costs to prepare and file the appropriate subdivision plan and related documents so as to vest the street rights of way and municipal services easement to the City of Saint John; and (f) the City of Saint John has no obligation to approve any future subdivision plans or re-zoning of Parcels "A" or "B". July 29, 1996 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 26.1. Bids For Purchase & Development Of Surplus City-Owned Land On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 26.2. Land ExchanQe - ThornborouQh Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 2 of the above report be adopted. (Rescinded December 11,2000 Bk. 88 pg. 269 ) Question being taken, the motion was carried. 27. Venue Saint John Events To City 86-18 COMMON COUNCIL JULY 29, 1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Venue Saint John submitting copies of correspondence received and filed at its most recent monthly meeting, and thanking Council for its continued support in bringing first-class events to Saint John -- be received and filed with appreciation. (Councillor Arthurs re-entered the meeting.) Question being taken, the motion was carried. 28. Thunder Bay Naval Veterans' Monument Committee - HMCS Saint John K-456 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Thunder Bay Veterans' Monument Committee asking for a contribution to the fund for a suitable monument of the HMCS Saint John K-456 -- be received and filed. Question being taken, the motion was carried. 29. Fundy Region Solid Waste Commission Fundv ReQion Trash Disposal Facilities Consideration was given to a letter from the Fundy Region Solid Waste Commission advising that, with regard to the impending closure of the existing Fundy Region trash disposal facilities, the Commission was directed, in writing, by the New Brunswick Department of the Environment to move now to have interim arrangements in place with neighbouring commission(s) to accept Fundy wastes; noting that, as the Spruce Lake landfill and other waste disposal facilities in the Fundy Region could be required to close as early as the end of this year, time is of the essence if the Commission is going to structure a temporary disposal agreement with an outside commission and prepare to temporarily transfer out of the Fundy Region; and asking that, as the Westmorland-Albert Solid Waste Commission needs a decision by August 1, 1996 if it is going to be able to ensure disposal capacity for 1997, Council respond to the Commission prior to August 1 with an estimate of the amount of waste that may be required to be temporarily transferred out of the Region to an approved facility. The Mayor, a member of the Fundy Region Solid Waste Commission, advised that she has made the Commission aware that the City of Saint John has been in communication several times with the Minister of the Environment asking for direction from him on what will happen with respect to the Spruce Lake landfill; and suggested that Council should delay action in the above regard until information is received from the Department of the Environment with respect to the Spruce Lake landfill. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission asking that, as the Westmorland-Albert Solid Waste Commission needs a decision by August 1, 1996 if it is going to be able to ensure disposal capacity for 1997, Council respond to the Commission prior to August 1 with an estimate of the amount of waste that may be required to be temporarily transferred out of the Region to an approved facility -- be laid on the table and the Chairman of the Commission be advised that Council is unable to make a recommendation at this time. Question being taken, the tabling motion was carried. 31. Gwen Harding - Treatment Of Former New Brunswick Museum Emplovee On motion of Councillor Trites 86-19 COMMON COUNCIL JULY 29, 1996 Seconded by Councillor Knibb RESOLVED that the letter from Ms. Gwen Harding expressing concern about the recent firing of a Saint John man from the New Brunswick Museum -- be received and filed. The Mayor expressed the understanding that the personnel issue referred to in the above letter has been handled by the New Brunswick Museum. Question being taken, the motion was carried with Councillor Gould voting "nay". 32. Animal Rescue League - City's Tender Call For Animal Services Consideration was given to a letter from the Animal Rescue League addressing the recent tender call for animal services by the City of Saint John; and requesting that the tender be rewritten taking into consideration the concerns contained herein. At the Mayor's request for the Building Inspector to comment in the above regard, Mr. Edwards noted the City's tender call scheduled to close on August 14, further to Common Council resolution of January 15, 1996 authorizing the Building Inspector to call for proposals for the provision of animal control services; and explained that, while no reference was included in the tender call to cremation of carcasses, the tender does not preclude a potential tenderer from including cremation or incineration as part of the tender submission; and the reason for not referencing cremation or incineration was on the basis of the understanding that the purpose of the tender call was to test the market to ensure that the City was getting the level of service it requires for the best price, in other words, financial reasons, and cremation or incineration of carcasses would add considerable cost each year to any contract that may be entered into based on a cost of between $12 to $15 per animal for an additional cost in the order of $30,000 per year, and also that, as in Saint John there is only one facility available for cremation of carcasses, this would mean that the successful bidder, if not the owner of that facility, would either have to build a new crematorium or make other arrangements. Mr. Edwards addressed the issue of disposal of organic materials in the landfill, as well as the policy in Fredericton and Moncton for disposing of animal carcasses in their landfills, and the manner in which animal carcasses are disposed of by veterinarians in Saint John; and advised that, if Council was not comfortable with the tender call without the requirement for incineration before disposal, an addendum could be issued which would also mean extending the term of the tender, as well as mean an undoubtedly significant price increase in any tenders received. Councillor Knibb proposed a motion, which was not seconded, to thank Mrs. Pauline Flewelling, President of the Board of Directors of the Animal Rescue League, for her letter and advise that Council understands her concerns and will take them into consideration at the time when the tenders are opened; and asked Mr. Edwards for a response to the League's concern about a requirement for a facility to be located within the boundaries of the City of Saint John, to which Mr. Edwards replied that the City does not put any requirements for any contactors to reside or have a building within the City. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the City Manager be requested to issue an addendum to the tender call for animal services asking for a tender price with cremation and a tender price without cremation. Mr. Edwards advised that a minimum of 2, and perhaps 4, weeks would be required with respect to an addendum; and during discussion Mr. Edwards explained the difference between a tender call and a proposal call and responded to questions with respect to the manner in which animal carcasses are currently disposed of in the City and the possibility of services currently being provided by the Animal 86-20 COMMON COUNCIL JULY 29, 1996 Rescue League not having been included in the tender call. Question being taken, the motion was carried. 33. M. Gary Davis Solid Waste Disposal On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Mr. M. Gary Davis putting forth a proposal that Saint John should send its solid waste to Moncton for processing instead of building a new and expensive facility locally and, at the same time, Moncton should buy water from Saint John instead of building a costly new water supply system with the pipeline for delivery of the water to be built in the median of a divided highway between Saint John and Moncton -- be received and filed. Question being taken, the motion was carried with Councillor Brown voting "nay". 34. Hughes Surveys & Consultants Ltd. Re-ZoninQ Of 1032 Hillcrest Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of 1032 Hillcrest Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, September 9, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 35. Saint John Horticultural Association Rockwood Park CampQround On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Horticultural Association advising that the Rockwood Park campground has now been Provincially approved as a licensed campground at a grading which places it among the top 15 of 125 campgrounds in the Province; and asking if it would be possible to have a City Council representative welcome each trailer caravan on its arrival to the Rockwood Park campground in accordance with the submitted schedule of arrival dates -- be referred to Mayor McAlary for advice on holding welcoming receptions at the Rockwood Park campground. Question being taken, the motion was carried. 36. Mispec Park Recreation Committee Proposal For Mispec Beach Consideration was given to a letter from the Mispec Park Recreation Committee advising that a door-to-door canvas of residents between Anthony's Cove and Cape Spencer identified Mispec Beach as the best location for centralized recreation facilities, and the Committee is in the process of negotiating funding with the Province of New Brunswick and the Federal Government and a local company is 86-21 COMMON COUNCIL JULY 29, 1996 prepared to get involved in the project by supplying heavy equipment and possibly some funding; and seeking Common Council's approval in principal to proceed with the planning phase of this project and, should the Committee be successful in obtaining government funding, a detailed cost sharing partnership proposal would be forthcoming for consideration by Common Council on the City-owned Mispec Park property. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John give approval in principle to the Mispec Park Recreation Committee to proceed with the planning phase for a centralized recreation facility at Mispec Beach, and the City Manager be requested to work with the proponents to bring this project about. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk