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1991-10-21_Minutes 83-159 COMMON COUNCIL OCTOBER 21, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of October, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; 1. Totten, Deputy Commissioner of Finance; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; B. Thompson, Deputy Chief of Police; G. Tait, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Fitzgerald of St. Peter's Roman Catholic Parish offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 15, 1991, be approved. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne (copies of which were forwarded to Council members as an information item) submitting a letter from the Saint John Construction Association, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor proclaimed October 24 to be United Nations Day; October 26 to be 1.0.D.E.'s Focus on Canadian Unity Day; and October 27 to November 3 to be White Ribbon Week in support of Canadians for Decency campaign against pornography; and, in response to Councillor Landers' observation that Miss Saint John, Heather Paulin, will be representing the City in the Miss Canada Pageant in Toronto, advised that, annually, the Mayor and Council supports Miss Saint John in this Pageant through a congratulatory letter, flowers and gifts. The Mayor advised that the City received earlier this date a communique from the Federation of Canadian Municipalities to the effect that, apparently, under the Bankruptcy Act, the Federal Government is considering a Federal payroll tax deduction, and that the Commons Committee studying proposed amendments to Canada's Bankruptcy laws has supported FCM's argument that a payroll tax is not an appropriate way to protect wages in the event of bankruptcy and the Standing Committee on Consumer and Corporate Affairs recently reported back to the House of Commons recommending that the controversial proposal for a wage protection program to be funded by a payroll tax be discarded. The Mayor also advised that FCM's argument is based on the fact that municipalities in Canada virtually never become insolvent and it would be therefore inappropriate to require that municipalities pay the tax, even though 83-160 COMMON COUNCIL OCTOBER 21, 1991 it would be only ten cents a week per employee, and she called for a motion to refer this matter to the Commissioner of Finance and the City Manager for review and a report to Council at the next meeting, in view of its urgency in that the City's position in this regard is to be forwarded to the Federal department responsible as soon as possible. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the above matter be referred to the City Manager and the Commissioner of Finance for review and a report to Council at the next meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from New Brunswick Crafts Council Inc. requesting support once again in the form of a monetary award for the best booth at its November 16 and 17 annual Saint John Christmas Sale of Fine Craft -- be received and filed and a monetary award of $200 be approved. Question being taken, the motion was carried. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Frank Parker concerning the condition of the Charlotte Street sidewalk; and expressing the need for a new walk along Charlotte Street before winter -- be referred to the City Manager for appropriate action. Councillor Fitzpatrick asked if appropriate action would include a response to Mr. Parker to which the Mayor replied in the affirmative. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting a letter from Mr. J. Timothy Flood, President of Saint John Construction Association Inc., referring to the Thorcor proposal which was the subject of a public hearing at Council's last meeting, and stating that he is greatly disturbed to think that, after eight years of effort by the proponent, this development could be turned down; and urging, though he does not know how this development could be salvaged, the Mayor to do all in her power to find a solution to the problem. During discussion it was noted that The North End Improvement Corp. Inc. submitted a letter to the Mayor (copies of which were distributed to Council members at this meeting) with respect to the above matter; and it was suggested that an opportunity could be given for Mr. Flood and members of the Association to discuss the position taken in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above letter from Mayor Wayne be received and filed and Mr. Flood be thanked for his letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended 83-161 COMMON COUNCIL OCTOBER 21, 1991 by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited October 9-15, 1991 $76,476.48 Question being taken, the motion was carried. Read a report from the City Manager advising that the New Brunswick Municipal Finance Corporation is planning a bond issue later this month and, while the issue will not be sold until the Corporation feels that rates are reasonable, it has provided ranges within which the issue could be sold as follows: interest rate - not to exceed an average of 10.5%; price, net - not to be less than $98 per $100 of debenture; and term - serial form to mature in equal amounts over a term not to exceed 10 years; and recommending that Council adopt the submitted resolutions in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND Transportation Services Acamac Backland Road $24,887; Ashburn Lake Road $353,892; Boars Head Road $25,220; Carmarthen Street $189,304; Charlotte Street $62,295; Coburg Street $127,847; Courtenay Avenue $39,789; Dever Road $110,819; Douglas Avenue $351,637; Fairville Boulevard $34,801; Fundy Drive $52,291; Grandview Avenue $70,338; Grant Crescent $41,497; Hillcrest Road $41,332; Kean Road $21,353; King Street East $28,469; Landfill Site $65,475; Lawrence Long Road $29,500; Main Street North $29,744; Marlborough Avenue $8,610; McAllister Drive $872,541; Molson Avenue $43,887; Municipal Operations Complex Rothesay Avenue $210,789; North Road $3,925; Pine Avenue $6,355; Prince Street West $80,138; Reinstatements $126,493; Rothesay Avenue $18,837; Sea Street $108,389; Sheriff Street $26,324; Smythe Street $46,172; Thorne Avenue - Curb & Sidewalk $23,960; Turnbull Place $85,380; Woodward Avenue $137,710 -- $3,500,000 Recreation and Parks Carleton Centre $47,873; Carleton Community Centre (Ceiling) $3,577; Children's Farm Rockwood Park $127,182; Dennis Morris - Paved Lot $5,806; Forest Glen Ramp $8,123; Golf Course - Cart Paths $13,675; Gorman Park New Playground $50,784; Havelock Park, Mobile Trailer $9,356; Hilton Belyea Arena $28,946; Loyalist Plaza $67,034; Memorial Field $19,175; Milford Recreation $15,558; Planning & Park Development $19,361; Rockwood Park $86,384; Shamrock Park $80,502; Simonds Arena $52,993; Somerset Street Play Area $17,664; Throughway, Landscaping $3,907; Tilley Square Rebuilding $13,780; Tree Planting - Various Locations $8,320-- $680,000 Environmental Development City Market $571,771; Greater Residential Incentive Program $897,489; Housing, lnfill Development $131,515; Subdivision Cost Sharing $544,225 --$2,145,000 Public Transit -- $675,000 Total General Fund -- $7,000,000 WATER AND SEWERAGE UTILITY Water System Canterbury Street $107,897; Cedar Grove Crescent $41,994; Champlain Street West 83-162 COMMON COUNCIL OCTOBER 21, 1991 $113,672; Charlotte Street West $87,191; Coleson Cove $7,335; Dufferin Row Pressure Reducing Valve $43,890; Golden Grove Road $159,219; Instrumentation $2,348; Lakewood Avenue West $402,265; Ludlow Street West $68,310; Orange Street $251,344; Park Street Extension $73,597; Service Box Renewal $131,337; Watershed $9,601 -- $1,500,000 Sewer System Albert Street West $11,958; Belmont Road $29,822; Catherwood Street $43,681; Cedar Grove Crescent $36,833; Champlain Street $78,981; Charlotte Street West $31,517; Dexter Drive $38,900; Dorchester Street $49,962; Douglas Avenue $51,162; Dunn Avenue $36,501; Foley Court $29,962; Garden Street $13,415; Germain Street West Sewer Renewals $35,130; Grandview Avenue $40,838; Guilford Street $20,092; Hazen Creek Treatment Plant $42,938; Lancaster Sewerage & Treatment Plant $436,075; Local Drainage $70,539; Ludlow Street $139,972; Main Street Sewer Renewals $5,260; Orange Street $321,105; Park Street Extension $222,762; Ready Street $90,272; Sewer Lift Station $17,957; Sherbrook/Molson Avenue $30,997; Simpson Drive $119,525; Swanton Street $13,894; Watermain Purchase at Reeds Point $440,000 -- 2,500,000 Total Water and Sewerage Utility -- $4,000,000 Total for all purposes -- $11,000,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $11,000,000. Mr. Wilson confirmed that, based on discussion with representatives of the Corporation earlier this date, the Corporation considers that it is timely to issue bonds and that it anticipates being ready later this week at an average interest rate of 10%, and noted that the interest rate on the 1990 bond issue was 11 1/4%. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $11,000,000 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipal Affairs: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 10.5% and at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue for approval by Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Maple Leaf Motors Ltd., in the amount of $19,917, plus taxes, be accepted for supplying one only Jeep Cherokee 4-wheel drive vehicle for the Fire Department. 83-163 COMMON COUNCIL OCTOBER 21, 1991 Mr. Wilson advised that the City has no collision insurance protection on its approximate 400 vehicles, for which the premium would be between $60,000 to $100,000 for its 400 vehicles, based on the following reasons: (1) the deductible; (2) the City's body and mechanical shop can carry out much of the repair work required; and (3) the experience has been quite good in this regard and not to the extent that the City would consider adding that particular coverage and paying the corresponding premium. Deputy Chief Tait advised that the incident was not related to negligence but was accidental on the part of the driver of the vehicle and could not be avoided; and, in response to Councillor Fitzpatrick, he and Mr. Hanlon explained the differences in the two units tendered which resulted in the tender of Brunswick Chrysler Plymouth Ltd. not meeting the specifications. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of R. A Woods Construction, in the amount of $35,950, be accepted for renovations to #6 Fire Station on King Street West. Question being taken, the motion was carried. Read a report from the City Manager advising that Otis Canada Inc. of Saint John was the only response to the tender for the supply of maintenance to the elevator and escalators in the St. Patrick Street pedway at quotes of $1,611.43 per month for 2 years, $1,611.43 per month for 3 years, and $1,464.92 per month for 5 years, with a price adjustment clause tying the rates to the price index of the Primary Metals Industries issued by Statistics Canada and the labour costs of Otis, either of which may decrease or increase; also advising that these factors have been reviewed and deemed to be acceptable; and recommending the award of the tender to Otis Canada Inc. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Otis Canada Inc. be accepted for supplying maintenance to the St. Patrick Street pedway elevator and escalators at a monthly cost of $1,464.92 (subject to the adjustment clause), for a period of five years. Mr. Brown expressed the understanding that there is a vandalism problem with the above-mentioned elevator and escalators, and Mr. Todd advised that, as it appears that the emergency stop button is pushed for other than emergency reasons, this factor is being looked into, and also that the cost of the contract has increased because of the degree of vandalism that has occurred, which has amounted to approximately $10,000 in the last 18 months in damage to the escalators and the elevator; and he also advised that, while the cost of security is very expensive, staff is looking at alternatives in anticipation that there will be something in place prior to the end of the year to deal with the situation. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of the fourteen responses received to the tender to obtain the services of a company or individual to deliver summonses and other legal documents; explaining that, while this contract was to run for one year from September 1, 1991 until August 31, 1992, it was not possible to meet these dates due to the checking of references and other inquiries associated with the tender; therefore, the contract will run from November 1, 1991 to October 31, 1992; and also advising that, based on a review of the bids and upon checking the qualifications of the lowest bidder, Alex A Adams doing business under the name of Bailiffs Unlimited was found acceptable for this work. 83-164 COMMON COUNCIL OCTOBER 21, 1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Alex A Adams doing business under the name of Bailiffs Unlimited, in the amount of $5 per summons served, be accepted for the serving of summonses, and that, as a condition of this award, the contract may not be assigned without the authorization of Common Council. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Mr. Irvine of 51 Simpson Drive (L.R.I.S. Number 301325) has made application to fill a portion of his property and is unable to economically provide the compensating flood storage and would like to take advantage of Common Council's policy adopted on September 23, 1991; also advising that the Marsh Creek Flood Abatement Program will cost $2.08 per cubic yard of flood storage and, as the applicant wishes to fill an area of land requiring 20 cubic yards of flood storage, the applicant is therefore required to provide the City with $45 in lieu of the compensating flood storage that is required by the Flood Risk Area By-Law; and recommending Council's adoption of the submitted resolution. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that whereas Mr. Irvine of 51 Simpson Drive (L.R.I.S. Number 301325) has proposed to construct a new development for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $45 in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act. Councillor Landers re-iterated her question of the cost of work and its effect to date in the flood plain to which Mr. Johnson replied that he could resubmit to Council a previous report on the Flood Risk Abatement Program; and Mr. Robichaud commented on the work currently underway at the Causeway flood gates. Question being taken, the motion was carried. Read a report from the City Manager advising that Village Estates Inc. has now completed part of the work estimated at $94,000 in developing Hillcrest Village Estates Subdivision - Phase 2, with the remaining work estimated at $24,000 consisting of asphalt seal paving, chain link fencing and landscaping, and recommending a reduction in the security amount. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Hillcrest Village Estates be reduced to $24,000 from the existing amount of $118,000. Question being taken, the motion was carried. Read a report from the City Manager advising that Scott Bros. Ltd. has now completed part of the work estimated at $58,000 in developing Hollybrook Terrace Subdivision at 1600 Hickey Road, with the remaining work estimated at $42,000 consisting of asphalt paving, concrete curb and sidewalk and landscaping, and recommending a reduction in the security amount. On motion of Councillor Knibb 83-165 COMMON COUNCIL OCTOBER 21, 1991 Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Hollybrook Terrace Subdivision, at 1600 Hickey Road, be reduced to $42,000 from the existing amount of $58,000. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that the property at 247 Westmorland Road, which was the subject of re-zoning in 1975 subject to a specific proposal and a number of conditions pursuant to Section 39 of the Community Planning Act, has not been developed and the present owner has agreed to sell the property to adjacent landowners which requires subdivision approval, and that the Legal Department has advised that the zoning and conditions should be changed to reflect the fact that the development as originally planned will not occur; also advising that the present owner and the prospective owners of the lot are aware of the situation and are agreeable to having the lands re-zoned to "R-2", the zoning of the adjacent lands and, as no development is being proposed and the change is therefore considered a housekeeping matter, it is therefore being initiated at the staff level; and recommending that a public hearing date be set, advertising authorized and the proposed re-zoning of 247 Westmorland Road (NBGIC Number 320655), with an area of approximately 2.6 acres, from "RM-1" Three-Storey Residential to "R-2" One- and Two-Family classification, be referred to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted, with the public hearing to be held on November 25, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that the reconstruction of Orange Street, between Wentworth and Sydney Street, results in an improved streetscape with new asphalt, concrete curbs, concrete sidewalks, landscaping and street lights and, in order to accommodate additional width of landscaping which all parties agreed would improve the area, it was necessary to reduce the width of the travel portion of the street with the understanding that a change to one-way traffic (westerly) was necessary and parking on one side could still be maintained; also advising that construction has now reached the stage at which the appropriate changes to the Traffic By-Law are required to legally authorize the changes to the traffic pattern; and recommending that first and second readings of the submitted Traffic By-Law amendment be given and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "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", be read a first time. Mr. Brown confirmed that Mr. Robichaud has asked for Council's consideration of three readings of the above-proposed amendment at this meeting whereupon Mr. Robichaud explained that the work has been completed and e City is controlling traffic with barricades and that it is considered to be in the best interest of public safety to have three readings given at this meeting in order for the barricades to be removed as soon as possible. Question being taken, the motion was carried. Read a first time the by-law entitled, "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". 83-166 COMMON COUNCIL OCTOBER 21, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "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", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "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". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Mr. Rodgers expressed the opinion that, if the above motion is adopted, the Common Clerk reading the substance of what is in the City Manager's recommendation would satisfy the third reading. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "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 traffic on Orange Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "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. Consideration was given to a report from the Commissioner of Finance advising that, further to a decision at the teach-in on September 30 on the Saint John Regional Exhibition Centre to make projections available at this meeting, staff has estimated that the cost of the Centre, in addition to the $1 million already-charged to the project, to be $20,375,500, including land, construction costs, furnishings, equipment and all soft costs and, in addition, a further $4,475,000 has been identified as costs that ought to be considered as necessary to ensure that the entire project is completed to everybody's expectation, including the rebuilding of Station Street, proper landscaping of the site, the paving of the parking lot, and the establishment of a pedway link between the Centre and the Mercantile project; submitting Schedules 1 through 5, inclusive, indicating projected cash flows, financial projections/assumptions, financial projections with the City's commitment being $7 million, financial projections with the City's commitment being increased to $10,950,000, and financial projections on the City's future commitment to the Regional Exhibition Centre projected at $10,950,00 and the City to spend an additional $1 million per year over the projections of March 25, 1991, respectively; also advising that many other schedules could be prepared to show the impact on the tax rate as a result of considering other "what if" scenarios and staff would be pleased to present other schedules as requested by Common Council; noting that no provision was made in the five-year financial plan, 83-167 COMMON COUNCIL OCTOBER 21, 1991 during deliberation of the 1991 Capital Budget, for completion of a pedestrian connection to the City Market, nor major renovations to City Hall or the construction of a police station, and any significant capital project (greater than $500,000) undertaken during the next five years, which have not been provided for in this financial plan, will have an impact on the tax rate or will require a realignment of priorities; and also submitting schedules setting out a five-year financial plan summary by budget program, as at March 25, 1991, which Council considered during the 1991 budget deliberations. Mr. Wilson provided a teach-in of Council by explaining the above- submitted schedules, including the assumptions on which the schedules were prepared. On motion of Councillor A Vincent Seconded by Councillor Coughlan RESOLVED that the above report from the Commissioner of Finance; and the report from the City Manager (copies of which were distributed to Council members at this meeting) regarding the Saint John Regional Exhibition Centre and its anticipated positive effects on the City -- be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, October 15, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely: 1. That as recommended by the Nominating Committee, (1) Henry Meinhardt be re-appointed to the Board of Directors of The Market Square Corporation for a term of three years; and (2) J. Harold Stafford be re-appointed to the Board of Directors of The Market Square Corporation for a term of three years. 2. That as recommended by the Planning Advisory Committee, the Legal Department be authorized to seek judicial review of the Provincial Planning Appeal Board decision concerning the Palmer Subdivision at 225 Hillcrest Road. 3. That authority be granted for The Market Square Corporation to approve additional services under article 4 of the Prime Consultant agreement for the Saint John Regional Exhibition Centre to an amount of $40,000 in respect to anyone authorization; such authorization, together with the authorization for services outside of the Prime Consultant agreement, shall not exceed an aggregate of $165,000. 4. That authority be granted for The Market Square Corporation to engage consultants and incur expenses for other services outside of the Prime Consultant agreement relative to the Saint John Regional Exhibition Centre to an amount of $5,000 in respect to anyone authorization; such authorization, together with the authorization under the Prime Consultant agreement, shall not exceed an aggregate of $165,000. 5. That as recommended by the City Manager, staff be authorized to make application to the New Brunswick Human Rights Commission for a bona fide occupational qualification (BFOQ) to encompass specific requirements, relating to physical or mental disability, for all firefighter jobs (operational). 6. That as recommended by the City Manager, financial support in the amount of $1,000 be provided to Theatre New Brunswick. 83-168 COMMON COUNCIL OCTOBER 21, 1991 October 21, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. A motion was proposed by Councillor Knibb and seconded by Councillor Fitzpatrick to adopt section 1 of the above report, such motion subsequently changed at the request of Deputy Mayor Gould to consider the appointments in separate motions. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, Henry Meinhardt be re-appointed to the Board of Directors of The Market Square Corporation for a term of three years. Councillor Landers and Deputy Mayor Gould advised their intention to oppose the above motion on the basis that Mr. Meinhardt resides outside of the City and that the City has a residency clause for its employees. Question being taken, the motion was carried with Councillors Flewwelling, Gould and Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, J. Harold Stafford be re-appointed to the Board of Directors of The Market Square Corporation for a term of three years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. The Common Clerk confirmed that the aggregate amount in the above section is $165,000. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. 83-169 COMMON COUNCIL OCTOBER 21, 1991 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Councillor Knibb referred to a news release forwarded to the Mayor by Symphony New Brunswick Inc. (copies of which were forwarded to Council members as an information item) announcing a restructuring of its operations, including the appointment of an executive director and the move to Saint John of its long-time music director, and expressed the opinion that, rather than support Theatre New Brunswick which is Fredericton-based, the City should be supporting its Saint John-based Symphony. The Mayor expressed concern that, by supporting TNB, the City might not be able to give assistance to the Symphony; Councillor Fitzpatrick concurred that the City should first support its own cultural groups and, more importantly, those which are in need; and Councillor Coughlan advised his opposition to the above motion on the basis that this token monetary donation is almost an insult to TNB, nor did TNB come before Council expressing any urgent or long-range need for assistance. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Knibb and Landers voting "nay". On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Roly Macintyre, Chairman of Moosehead Skate-to-Care '92, requesting permission to use the Lily Lake area and Pavilion on January 31 for a warm-up party, family skate and fireworks display for the citizens of Saint John, and on February 8 for the Skate-to- Care event, including (1) preparation of the ice surface; (2) plowing of the Lake and campground areas, entrance and exit roads; (3) co-operation with parking strategies; and (4) sleigh rides on February 8, if possible -- be referred to the City Manager for costing. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Business Development Corporation expressing the opinion that the major projects that have been announced earlier this year; namely, the Regional Exhibition Centre, the Bi-Capitol Project, and the Mercantile Centre, will all have a positive impact on the economy and well being of the City and, in particular, the uptown core; and encouraging Council to support major projects and development in the City -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mr. Peter Pappas commenting on his proposed townhouse proposal for 269 Princess Street on the basis that Council was not familiar with the submitted front view and site plan and relevant facts during his presentation to Council at its last meeting; and requesting Council to reconsider its decision with respect to his application for funding through the Housing Through lnfill Development Program for this project -- be received and filed and the H.I.D. grant be approved. In response to Councillor Landers, Mr. Todd advised that it is staff's proposal that parking would be provided for one unit by the garage which is to built into 83-170 COMMON COUNCIL OCTOBER 21, 1991 it, with parking also available immediately adjacent to the building or in the backyard, if the buildings are brought forward on the site, and he also advised that the amount of a H.I.D. grant for this project would be approximately $20,000; and Councillor Landers advised her intent to vote against the above motion on the basis that a deviation from the policy in place could lead to other requests for changes. Mr. Todd, replying to Councillor Coughlan, explained that the H.I.D. guidelines allow a degree of flexibility depending on the situation and that it has been staff's practice that, where the opportunity allows, the building is brought forward on the site, and that, while there are very few restrictions or guidelines for the Program, one area of control that the City attempts to maintain is how the buildings are laid out on the site, how they are placed, how the front elevation appears and how they fit into the neighbourhood, and beyond that there is very little control on the units, and that there has been no deviation from setback in that, when the situation dictated and where it was appropriate, the City required that the buildings be brought up to the property line. Question being taken, the motion was carried with the Mayor and Councillors Coughlan and Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from lmagineering Limited advising that its client, New Brunswick Broadcasting Company Limited, has applied to the Department of Communications (DOC) and Canadian Radio-television and Telecommunications Commission (CRTC) to change the facilities of its AM radio station, CHSJ, operating on 700 KHz and that, pursuant to Broadcast Procedures and Rules, Part II, it is notifying the City of Saint John accordingly in order that the municipal authority may consider the implications of the proposed facility changes; also advising that, after reviewing this letter, Council may file a written objection to the proposed facilities with the DOC District Office; and requesting a copy of any correspondence which Council may have with the DOC concerning this matter -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A Vincent voting "nay". Common Clerk