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1999-12-13_Minutes 87 -792 COMMON COUNCIL DECEMBER 13, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of December, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; A Bodechon, Deputy Chief of Police; Ms. A Poffenroth, By-law Enforcement Officer; Ms. Y. Huntington, Director of Administration, Corporate Services; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Paul Pattison of Bethany Pentecostal Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the minutes of the meetings of Common Council, held on December 6 and December 9, 1999, be approved. Question being taken, the motion was carried. 3. Uptown Saint John Inc. (a) 2000 Budget; (b) Business Improvement Levv Bv-Iaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 13 cents per $100 of assessment for 1999 on business properties within the area designated by Council, and no written objections were received in this regard. Colin Whitcomb, President, and Margaret Campbell, General Manager, of Uptown Saint John Inc., were present at the meeting, and Mr. Whitcomb, appearing in support of the proposed budget and By-law amendment, offered to respond to any questions in this regard. 3{a) On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the 2000 budget for the Business Improvement Area as follows: 87 -793 COMMON COUNCIL DECEMBER 13, 1999 REVENUE Business Improvement Area Levy Employment Grants Interest Program Development Bad Debts Recovered Community Improvement Grant Miscellaneous Revenue Total Revenue $186,500 12,000 36,000 5,000 2,000 30,000 3,000 $274,500 EXPENDITURES Public Relations Urban Design & Planning Marketing Program Delivery Business Development Administration & Office Total Expenditures $ 4,000 34,675 42,000 20,000 33,000 140,825 $274,500 Question being taken, the motion was carried. 3{b) On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law to amend the Business Improvement Levy By-law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-law. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law to amend the Business Improvement Levy By-law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Levy By-law. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6. City Market By-law Amendment Re December 27.1999 Closure Read a letter from Mayor McAlary recommending a City Market By-law amendment to allow the City Market to close on December 27, 1999, the City Market merchants having requested this as per the submitted petition. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the by-law to amend the City Market By-law, with regard to a December 27, 1999 closure, be read a first time. 87 -794 COMMON COUNCIL DECEMBER 13, 1999 In response to a question as to why the above request came through the Mayor's Office rather than through the City Manager's Office to Council, the Mayor advised that, as there was no City Market Merchants' group currently in place and she understood that Deputy Market Clerk Patrick Palmer was on vacation, there seemed to be a question of where to go. As to whether or not the names on the petition represented all of the City Market Merchants, the Mayor advised that she thought there were a couple of people who wanted to be open on that date; and Mr. Butler advised that the names on the petition seemed to represent the majority of the City Market Merchants. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-law. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law to amend the City Market By-law, with regard to a December 27, 1999 closure, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-law. 7. Priorities / Vision Of City Consideration was given to a letter from Councillor Titus advising that he would like to discuss the priorities / vision of the City and would like to propose a motion to appoint member(s) of Council to chair with power to appoint a committee and take the lead role in pursuing these priorities. Councillor Titus, referencing the Provincia/ / Municipa/ Re/ations - Priorities of the City of Saint John document adopted by Council on October 18, 1999, expressed the view that, while he appreciated that such committees would have to get input from City staff and have the responsibility to report back to Council for approval before taking any steps and also that some of the priorities could take five or ten or twenty years, it was important that Council take some initiative in this regard. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that Council take the initiative of referring the above matter to the Nominating Committee to appoint member(s) of Council who may have a particular interest in one of the five priorities to chair, with power to appoint a committee and take the lead role in pursuing Council's priorities / vision. Councillor Trites advised that, while he would not agree with the concept of forming four or five committees to pursue individual priorities as he believed that a lot of them were interfaced or intertwined, he could appreciate the concern that the priorities might get lost without a champion to lead them forward; however, he could support a committee of Council working with staff in developing an action plan to pursue the priorities for Council's consideration at which time Council might be able to individualize some of the jobs identified; and expressed concern that, if the priorities were divided into different sectors, there would be the potential that the same ministers or departments at the other levels of government would be pursued by Council members with a different set of priorities. The Mayor advised that, when this matter was discussed in Committee of the Whole, it seemed to her that most of the Councillors wanted to be involved. Councillor Titus, on a point of order, advised that his understanding of the procedure was that the Mayor was not at liberty to discuss in open session of Council what was discussed in closed session, and the Mayor indicated that she agreed with the Councillor's point of order. The Mayor commented on the basis of her view that the whole Council was responsible for, and wanted to be involved in, its priorities, and on her efforts to set up meetings for January and February with the key ministers, with Council to be advised of the dates concerned and Council members able to attend these meetings. Councillor Court spoke against the motion on the basis that one priority was not more important than another and his concern in going with five different directions on 87 -795 COMMON COUNCIL DECEMBER 13, 1999 the five priorities; and suggested that the central point should be the City Manager leading Council, having established where it wants to go, in how to get there, providing input on how Council could reach its priorities, with the Mayor and Council to do the necessary lobbying for funding with the other levels of government. Councillor Vincent advised his concern about Council, having established its priorities, becoming stagnant and not moving them; and expressed the view that there has to be a committed undertaking by Council in its entirety with staff and, in this instance, to immediately circumvent the City Manager form of government may be an error; however, if nothing was in place in two weeks, he would be prepared to support the motion if it were again placed before Council. On the reference to a two-week time issue, Mr. Totten advised of staff's efforts in working on three presentations dealing with wastewater, water and transportation, which stemmed from the priorities, with the intent to provide them to Council no later than mid-February for use as a resource for Council in moving forward politically with the Federal and Provincial Governments; and commented on his attendance with the Mayor at a meeting with the stakeholders interested in developing the waterfront, suggesting that early in the year all of the people interested in this should come together so that all concerned are provided with the same information and Council could come to a consensus on how to move forward in this regard. Councillor White expressed agreement with the method put forth by the Mayor in regard to pursuing meetings with the appropriate individuals in Fredericton. Question being taken, the motion was lost with the Mayor and Councillors Court, Desmond, Trites, Vincent and White voting "nay". (Deputy Mayor Chase withdrew from the meeting.) 4. Dangerous & Unsightly Building And Property - 53-55 Albert Street 4{a) Notice had been given to Sharon Raeburn, and Nargis Kheraj to appear to show cause, if any, why Common Council should not find the Raeburn building and the Raeburn property located at 53-55 Albert Street (NBGIC Number 374793), to be in a dangerous and unsightly condition, and also require Sharon Raeburn to remedy the condition, within such time as Common Council may set, by either demolishing the Raeburn building and removing the debris and other unsightly objects from the Raeburn property or by carrying out the work set out in the said Notice. 4{b) Consideration was given to a report from the City Manager advising that the owner of the two-storey wood frame building located on the property at 53-55 Albert Street (NBGIC Number 374793) is Sharon Raeburn, who resides at 60 Newman Street, the previous owner being Nargis Kheraj who holds a mortgage on the property, and the building, which has been vacant for more than five years and involved in a fire in 1995, is often open to the public and its interior has been extensively vandalized; stating that the building has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition; and submitting as Schedule "E" an inspection report, dated November 1 0, 1999, detailing the particulars of the condition of the building, as well as a memo, dated December 2, 1999, from the investigation of the Divisional Chief of Fire Prevention & Investigation. The report also advises of the efforts, beginning in 1990 with the previous owner, of Building and Technical Services with respect to minimum property standards and unsightly premises violations, and since April 1999 when Sharon Raeburn acquired the property; and recommends adoption of the submitted resolution in this regard. Mr. Edwards presented an overhead slide illustrating the location of the building at 53-55 Albert Street in relation to the North End Community Centre, Council earlier this year having considered two buildings across the street from the Centre and, in the final analysis, caused those buildings to be demolished, and also presented slides of the subject building and property. Mr. Edwards apprised Council of the chronology of the Building and Technical Services Department's dealings with this building beginning in 1990; and advised that, since the Notice of Intention was served on Ms. Raeburn to advise her that Council would be considering the dangerous and unsightly condition of this building, his Department has inspected the building, practically on a daily basis, and today it remains much as what was seen from the slide shown at this meeting, being 87 -796 COMMON COUNCIL DECEMBER 13, 1999 open to the public and in a dangerous and unsightly condition. Mr. Edwards requested Council, given the history of this building, the lack of success the Department has had with the owners and its current condition, to consider the resolution in the above report from the City Manager, and summarized the effect of this resolution, if Council were in agreement that the building is in a dangerous and unsightly condition and adopted the resolution. During discussion Mr. Edwards advised that, if the owner of the building was unable or unwilling to effect any of the repairs requested and the City was required to take it to completion, the earliest in his estimation that the City would have the building demolished would be the end of March 2000; and expressed the opinion that, structurally, the building was not in any danger of falling on the street or falling down; and, as to whether or not the building should be torn down if not closed in and so on within the next thirty days for the safety of the people living in the neighbourhood, expressed the view that this building should be demolished. Nargis Kheraj of 22 Marlin Court appeared before Council and, having identified herself as the mortgage holder and previous owner of the building, related how her building became inoperable as a result of the water having been shut off to her building by the City because there was a water leak further up the street, which resulted in frozen pipes and no heat in the building; and also related her efforts to sell the building prior to its purchase by Sharon Raeburn, and incidents of vandalism in the building. Sharon Raeburn of 16 Newman Street introduced herself as the owner of the building at 53 Albert Street, advised of action taken in repairing break-in areas and putting wood back on each time she was notified by the Police or the Fire Department or Building Inspection and that, as the upstairs windows are plate glass and very secure, they were boarded up from the inside; and also advised of her continuous contact with City staff, her efforts in seeking financing to have the building repaired and her inquiry for permission to install a chain link fence around the building to deter the trespassers and the garbage, and of her plans for work inside the building in January to remove the lath and plaster and in February for reconstruction, although the plans were not yet finalized so as to request a building permit. Ms. Raeburn gave examples of vandalism in the building; and, in acknowledging that the building was still open this day, advised that she had plywood coming and it would be done by Friday, the intent being to screw larger sheets of plywood on in such a way so that people, without a little bit of work, could not get into it. Ms. Raeburn further advised of her renovation of her current residence at 15 Newman Street, which had been left empty and derelict, and of a property in the South End which is now a rooming house maintained by her son who resides in it. Ms. Raeburn responded to questions with regard to her efforts to keep the subject property secure and her plans to renovate the building. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Sharon Raeburn to be the registered owner of the freehold title to the parcel of land (herein called "the Raeburn property") that is located at 53-55 Albert Street, Saint John, N.B. The Raeburn property is designated as parcel number 374793 on the portion of the New Brunswick Geographical Information Corporation (NBGIC) plan that is attached as schedule "B". The Raeburn property is more particularly described in the schedule "A" that is attached hereto and was attached to the deed from Nargis Kheraj to Sharon Raeburn that is dated April 8, 1999, and was registered in the Saint John County Registry Office on April 28, 1999, in book 2037 as number 10197177 at page 533. The NBGIC Property Information Report that is attached as schedule "c" also shows Sharon Raeburn to be the owner of the Raeburn property. There is an undischarged mortgage registered in 1999 in favour of Nargis Kheraj; AND WHEREAS the Raeburn property is located in an area mentioned in the by- law entitled "A By-law Respecting Dangerous Or Unsightly Premises Within The City of Saint John"; 87 -797 COMMON COUNCIL DECEMBER 13, 1999 AND WHEREAS a two (2) storey house (herein called "the Raeburn building") is located on the Raeburn property and has, contrary to the by-law, become dilapidated or deteriorated so as to be in a dangerous and unsightly condition. The condition of the Raeburn building and the Raeburn property is shown on the attached schedule "0", and is described in the Inspection Report of Amy Poffenroth, BScE., that is dated November 10, 1999, and is attached as schedule "E". Ms. Poffenroth advises that there is easy entry to the Raeburn building, and refers, with respect to danger, to such matters as: (1) no interior lighting, (2) glass and other litter on the stairs and floors, (3) holes in the floor and ceiling, (4) wires and plaster hanging from the ceiling, and (5) broken glass in the windows. She also states that the Raeburn building and the Raeburn property are unsightly, and she refers to such items as: (6) windows with broken glass or no glass, (7) wooden clapboards, trim and sills that are in poor condition with rotted wood and peeling paint, (8) the materials that have been used to cover some of the openings are not uniform in appearance, and (9) garbage and debris in the side yard; AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BScE., that is dated November 10, 1999, and (b) the report from the City Manager and others that is dated December 9, 1999, and (c) the submitted report from Thomas P. White of the Saint John Fire Department, and (d) the submitted report from Bert Martin of the Saint John Police Force, and (e) the oral report of Mr. William Edwards, P.Eng., who is the Building Inspector for The City of Saint John, we find that the Raeburn building and the Raeburn property are in a dangerous and unsightly condition: BE IT RESOLVED that Sharon Raeburn is hereby required to, within 15 days after a notice from the Building Inspector is served on her in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition by either demolishing the Raeburn building and removing all of the debris and other unsightly items from the Raeburn property or by carrying out the following work: (1) secure, with materials that present a uniform appearance, the building against entry by children or other trespassers, and (2) remove the debris from the stairs and floors and side yard, and (3) obtain any necessary building permit and restore the Raeburn building to such a condition that it is no longer dangerous and unsightly. Such restoration work shall include: (a) repair or securely cover the holes in the floors and ceiling, and (b) replace the glass in the windows or remove the broken glass from the windows and cover the windows with materials that present a uniform appearance, and (c) remove any materials that are hanging from the ceiling, and (d) as appropriate, repair or replace and/or paint the clapboards and sills and trim: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Sharon Raeburn, in accordance with section 190(4) of the Municipalities Act, a notice that requires her to, within 15 days of being served, remedy the dangerous and unsightly of the Raeburn building and the Raeburn property by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that Sharon Raeburn does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Sharon Raeburn to, within 15 days or such other time as the Court may allow, remedy the dangerous and unsightly condition either by carrying out the aforesaid work or by demolishing the Raeburn building and removing the debris and unsightly objects, and would (b) authorize The City of Saint John to cause the Raeburn building to be demolished and the debris and unsightly objects to be removed from the Raeburn property at the expense of Sharon Raeburn in the event that she does not comply with the Order. During discussion Mr. Edwards, in commenting on the process he would follow if the above motion were adopted, confirmed that proceedings could be stopped if at any time during the process he was convinced that the owner was actually going to be successful in rehabilitating the building and advised that he would like to continue in this regard and have everything in place in case the owner, unfortunately, could not secure the appropriate financing. The Mayor, referring to what the owner would be required to do in the fifteen-day period in the above resolution in terms of remedying the dangerous and unsightly condition, suggested that there would have to be substantial work done in 87 -798 COMMON COUNCIL DECEMBER 13, 1999 order for the Building Inspector not to move forward, thus he would have to check to determine if there were substantial work done or if it were going to be done. Ms. Raeburn asked what the Mayor wanted done other than the building being boarded up, and Councillor Vincent raised a point of order in that what was before Council was the recommendation. Mr. Edwards advised that Council could make any resolution it considered appropriate given the circumstances and given the information provided by the City Manager in his report. Mr. Nugent commented on the procedure being followed at this meeting in this regard in terms of his indication to the Mayor, upon her inquiry, that there was no need to ask, having heard from two people identified as having an interest in the property, if there was anybody else who wished to speak; however, if one of the owners wished to speak again and Council was prepared to hear from that person, he believed it appropriate for Council to do so; and the second issue being what the resolution, if adopted, would require the Building Inspector to do. Mr. Nugent added that Council, if it did not want to adopt what was recommended, could adopt a different arrangement but would have to identify what it was and identify a time frame, addressing what would satisfy Council and in what time sequence. Question being taken, the motion was carried. 5. Village Estates Holdings Inc. Re Services And Taxation Consideration was given to a letter from John 1. Reid, President of Village Estates Holdings Inc., on behalf of the residents/owners of Village Estates off Manawagonish Road, advising the services for which the owners are responsible and for which each owner is assessed $80 each month, thereby paying for services that are normally provided by the City and for which they would also pay in the tax structure (with the exception of the installation and maintenance of lawns, hedges and flower beds); referring to the matter of garbage removal and the inclusion of the tipping fee in the tax rate on the basis that, under the present situation, the residents of Village Estates are being double taxed, and asking that consideration be given to their particular situation and the maintenance. John 1. Reid of 8 Caitlin Court, in addressing Council further to his above letter, advised that there were forty-four garden homes and sixty-three individuals living in Village Estates, who pay taxes in total of over $100,000 on the total assessed value of their properties of $5.5 million; and that each property owner was assessed $80 per month to pay the total cost of $43,000 last year for services, including snow removal, garbage removal, lawn care and street lighting; and, having reviewed the development and approval process relating to Village Estates, requested Council, through City staff to review the arrangement that was made during that process, and find some way to provide garbage pick-up and street lighting at Village Estates. Mr. Reid suggested that, as the residents of Village Estates were not alone in the regard, no doubt before long Council would be visited with proposals of a similar nature, and concluded that they hoped their experience would aid Council and City staff to avoid setting up small enclaves, such as Village Estates, where the citizens are asked to bear the costs of civic services while at the same time they pay for them in their tax system. Questions were asked of Mr. Reid with regard to Village Estates, and to Mr. Baird in terms of the number of other developments in the City of this nature and the City's financial contribution to housing developments through such things as the Housing Incentive Program and the Subdivision By-law, and Mr. Totten commented on his meetings with Mr. Reid on this issue and his suggestion to Mr. Reid that he come before Council in that, while it is one thing to deal with things in the past, the City must look to the future in terms of developments of this nature, and to find a balance between the needs of the developer in being seen as pro-development and the residents at some point down the road; and advised his intent to report to Council on what could, if anything, be done in terms of garbage for the Village Estate development and others. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the presentation on behalf of Village Estates Holdings Inc. be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 87 -799 COMMON COUNCIL DECEMBER 13, 1999 (Deputy Mayor Chase re-entered and Councillor White withdrew from the meeting.) 8. DanQerous Crosswalks On ThrouQhwav On motion of Councillor Chase Seconded by Councillor Vincent RESOLVED that the letter from Councillor Chase referring to the situation of pedestrians crossing from Hilyard Street to Market Square via the Throughway at the base of the Harbour Bridge, and expressing the belief that pedestrians should be discouraged from crossing this area by undertaking the practices of other cities such as Calgary and, for example, put a chain link fence down the median, and asking that this matter be referred to the Harbour Bridge Authority and the Department of Transportation, Province of New Brunswick, be referred to the Harbour Bridge Authority and the Department of Transportation for review, and to the City Manager for a report to Council. (Councillor Trites withdrew from the meeting.) The mover and seconder of the motion agreed to add to the motion a referral of the above matter to the City Manager for a report. Question being taken, the motion was carried. 9. Indiantown Residents Association Concerns (Councillors Trites and White re-entered the meeting.) On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the letter from Councillor Chase listing concerns of a group known as the Indiantown Residents Association, and asking that Council refer the first two items to staff for consideration in the 2000 budget and the third item be referred to staff for a report to Council, be referred to the City Manager. Question being taken, the motion was carried. 10. Tender For Contract 99-27 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 99-27, Spruce Lake butterfly valve and Mountain Road pressure reducing valve construction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $155,993, 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. 11. HIP Application #99 On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #99 - Lloyd Cathline for an estimated grant of $15,600, for a development on Sand Cove Road. Question being taken, the motion was carried. 87 -800 COMMON COUNCIL DECEMBER 13, 1999 Councillor Titus asked if he could make a motion to add to the agenda of this meeting a matter considered in Committee of the Whole earlier this date, to which the Mayor replied that she wished to proceed with the agenda at this time. 12. Job Evaluation System Consideration was to a report from the City Manager on the job evaluation system further to the October 5, 1998 authorization for staff to proceed with a review and classification of all management positions (excluding those of City Manager, City Solicitor, Common Clerk and Assistant Common Clerk) as recommended and for a Steering Committee made up of the City Manager, the Commissioner of Corporate Services and two members of Common Council to be established to oversee this review, Councillors Chase and Desmond subsequently named the two Council members serving on the job classification review committee and Yvonne Huntington, Director of Administration, Corporate Services, assigned as the staff person for this project; commenting on the system utilized in the job evaluation process; and submitting a recommendation in this regard. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the proposed job groupings for management positions as detailed in Appendix B as submitted, and also approve the Human Resources - Job Evaluation Policy in Appendix C as submitted. Question being taken, the motion was carried. 13. Salary Grid - ManaQement Positions Consideration was given to a report from the City Manager referring to the process followed in completing a comprehensive evaluation and relative ranking of management positions, and the follow-up action of adapting the current salary grid for management positions to reflect the new classifications; and advising that staff is recommending the following basic structure for the revised salary grid: (1) each salary group shall have six steps; (2) step increases shall be 2.5%, 2%, 1.5%, 1 %, 1 %; (3) for all groups, with the exception of Groups I and L, Step 1 shall be equal to Step 5 of the immediately preceding group; (4) Step 1 of Group I shall equal Step 6 of Group H plus 1 %; and (5) Step 1 of Group L shall equal Step 6 of Group K plus 4%, with a grid with positions in Group A commencing at $38,000 being proposed and the resulting salary grid submitted as Appendix A. The report also advises that, in assessing the existing compensation levels for management positions, it was noted that a number of positions currently receive extra payments for "excessive overtime" and, as in many cases this overtime is an ongoing requirement for these positions, it was determined that these additional payments should be incorporated into the base remuneration for the positions placed in the new structure, and a new policy will be developed for Council's consideration that would give management discretion to recognize occasional "excessive" overtime by way of time-off in lieu. The report sets out some relevant points arising from comparisons of the resulting salary grid with wages paid to the City's unionized workforce, a limited number of external comparisons having also been made to assess the proposed salaries in relationship to salaries paid to similar positions in other Atlantic Canada communities, with the results indicating that the proposed salary ranges are fair and reasonable; and explains that, in order to ensure a reasonable transition from the existing salary grid to the new structure, a number of transitional provisions are proposed as listed in the submitted Appendix B. The report further advises that the difference between the proposed maximum salaries for the positions and the existing maximum salaries is approximately $100,000, although the actual financial impact in the year of implementation will be less than this as many individuals will not be at their maximum salary levels for a number of years, with the additional cost in 2000 estimated at approximately $50,000; and states that this report has been reviewed by the City Solicitor who advises that the proposed implementation approach will eliminate any situation where an employee could state that the City has breached the employer/employee contract. 87 -801 COMMON COUNCIL DECEMBER 13, 1999 On motion of Councillor Trites Seconded by Councilor Titus RESOLVED that as recommended by the City Manager, Common Council approve the proposed salary grid for management positions, submitted as Appendix A, and transitional provisions noted in the submitted Appendix B, to be effective January 1, 2000; and that Common Council limit the application of Human Resources Policy 811 "Recognition for Extraordinary Time Requirements" to those positions remaining on the existing salary grid as noted in Appendix C effective January 1, 2000. Question being taken, the motion was carried. 14. By-law RelatinQ To Halloween Consideration was given to third reading of a by-law relating to Halloween, which was given first and second readings on December 6, 1999. The Mayor advised of the City Solicitor's request for Council to table third reading of the above-proposed By-law until he has had a chance to review it. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillor Titus voting "nay". Councillor Chase proposed a motion that Council recess for ten minutes, whereupon the Mayor expressed the view that it was up to the Chairman of the meeting to call a recess and there were more agenda items to be considered. 15. 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, December 6, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of 8 Webster Street (NBGIC Number 55026033) to Cheryl Yeomans, for the purchase price of $5,000 (HST included), with the closing date on or before February 28, 2000, and the Mayor and Common Clerk be authorized to execute the deed; and further that Cheryl Yeomans be advised that the subject property is not a building lot under its current zoning (RM-1) and that this sale does not explicitly or implicitly obligate the City of Saint John to approve any building permit or re-zoning applications arising therefrom. 2. That as recommended by the City Manager, Common Council authorize the purchase of the fee simple interest in a 1,932 :t m2 portion of NBGIC Number 285932 and a 1,843 :t m2 temporary construction easement over the same parcel (as generally shown on the submitted plan), from McAllister Place Ltd. for the Mark Drive by-pass road, for the purchase price of $14,400 (+ HST if applicable), and the City prepare the subdivision plan required for conveyance purposes. 3. That as recommended by the City Manager, Common Council (a) rescind its resolution of October 28, 1968 authorizing the purchase of 11,914 square feet of land from Irving Oil Limited; (b) rescind its resolution of March 9, 1992 authorizing the 87 -802 COMMON COUNCIL DECEMBER 13, 1999 initiation of expropriation proceedings; (c) authorize the purchase of approximately 13,496 square feet of land, now used as a public street located within the limits of McAllister Drive right-of-way, from Irving Oil Limited for street widening purposes for the price of $54,000; and (d) authorize the preparation and filing of a subdivision plan vesting the land referred to in (c) as a public street. 4. That Council approve an amount of $18,105 to cover the deficit incurred by the Lord Beaverbrook Rink during the 1997 and 1998 budget years. 5. That as recommended by the City Manager, the City of Saint John agree to the secondment of Brian Malone, Planner III, to the Saint John Police Force, as per the submitted terms. December 13, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Sale Of 8 Webster Street On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 15.2. Property Purchase For Mark Drive Bv-pass Road Proiect On motion of Councillor Trites Seconded by Councillor Court RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 15.3. Land Acquisition For McAllister Drive WideninQ On motion of Councillor White Seconded by Councillor Court RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 15.4. Lord Beaverbrook Rink Deficit On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 15.5. Staff Secondment. Police Force On motion of Councillor Court Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. 87 -803 COMMON COUNCIL DECEMBER 13, 1999 Question being taken, the motion was carried with Councillor Desmond voting "nay". 16. Planning Advisory Committee Subdivision Assent 407 Rothesay Avenue. Municipal Services Easement On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan for the proposed lot at 407 Rothesay Avenue, with respect to any required municipal services and public utility easements. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) Adiournment On motion of Councillor Fitzpatrick 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