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1991-11-04_Minutes 83-189 COMMON COUNCIL NOVEMBER 4, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of November, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. 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; 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; M. Hanlon, Purchasing Agent; R. McDevitt, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Richard Damon, Assistant Pastor of First Gospel Assembly, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on October 28, 1991, be approved. Question being taken, the motion was carried. The Mayor proclaimed November 3 to 9 to be National Co-Operative Education Week in the City, and commented on recent activities in the City, including meetings of the District Commissioners of the Girl Guides Association, the Shriners Association, the Atlantic Liturgy Conference sponsored by the Roman Catholic Diocese, and the Arts and the Cities group. (Councillor M. Vincent entered the meeting during the above remarks.) Councillor Landers asked that the presentation of Saint John Construction Association Inc., which is scheduled for Committee of the Whole later this date, be heard in a public forum for the reason that statements attributed to the Association, under the signature of its President, were published in articles and letters to the editor in the local newspaper; therefore, in her opinion, there is no reason to have the Association address Council privately and it would be appropriate to address any concern of the Association in a public format. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the presentation of Saint John Construction Association Inc., which was scheduled for Committee of the Whole on this date, be held in a public forum. The Mayor asked the reason for the presentation having been scheduled in Committee of the Whole to which Mrs. Munford replied that it was so scheduled at the request of the Association. The Mayor made the observation that the Association, having made its request through the Common Clerk, was treated no different from any other group which is afforded the opportunity to appear in either closed or open session. Councillor Knibb expressed opposition to the above motion in courtesy to the Association which, although having made its point of view publicly, requested to address Council privately. 83-190 COMMON COUNCIL NOVEMBER 4, 1991 Question being taken, the motion was carried with the Mayor and Councillors Davis, Fitzpatrick and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's report concerning the tender for electrical heating at the Spruce Lake screen building (which was on the Committee of the Whole agenda of this date); a recommendation for tender award with respect to the Saint John Regional Exhibition Centre (which was considered in Committee of the Whole earlier this date); and a report from the City Manager regarding the refinancing of C.M.H.C. loans (copies of which were distributed to Council members at this meeting), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Fitzpatrick urging that Common Council convey its dismay to Mr. Claude Taylor, Chairman, President and Chief Executive Officer of Air Canada, that Saint John persons now speak to an individual in Montreal when placing an Air Canada reservation by telephone, and to declare to Mr. Taylor that it is essential that direct personal customer service be maintained in the central business core through the Air Canada office in downtown Saint John; and asking that Common Council indicate to Mr. Taylor that he stated a few years ago that a Board of Directors meeting of Air Canada would be held in Saint John and that Common Council very much welcomes the prospect of this meeting being held in the City in the near future -- be received and filed, and the Mayor be instructed to forward a letter to Claude Taylor of Air Canada expressing Council's concerns with regard to the Saint John operation of Air Canada as expressed herein. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Rogers noting that she has asked, on several occasions since its 1983 presentation to Council, that the Lower West Side Neighbourhood Plan be analyzed and suggestions be submitted to Council by the City Manager on the feasibility of development in accordance with the recommendations of the Plan; submitting a copy of the Plan; and asking that the City Manager submit a full report to Council with recommendations for furthering development in this area -- be referred to the City Manager for a report to Council. During discussion the Mayor noted that the City Manager submitted a report to Council in 1987 addressing the issues in the Lower West Side Neighbourhood Plan, and Mr. Todd commented on the efforts of Saint John Non-Profit Housing Inc. in the Lower West Side area. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Flewwelling referring to the October 28 presentation on behalf of the Lorneville Ratepayers Association concerning the Spruce Lake landfill site, and recommending that Council once again remind the Fundy Solid Waste Action Team (SWAT) of the importance of creating a new regional waste site as quickly as possible, and further that Council urge Fundy SWAT to use every means possible to reduce the 1994 target date -- be received and filed and the recommendation adopted. 83-191 COMMON COUNCIL NOVEMBER 4, 1991 Deputy Mayor Gould, a member of Fundy SWAT, noted SWAT's activities since the commencement of its operation in the fall of 1989 in following the formal procedure set out by the Provincial Department of Environment through the public consultation process, and involving a three-phase program, including an assessment of alternatives, site selection and implementation, with an environmental impact assessment to be carried out upon site selection for a start-up date scheduled for the spring of 1994; and Councillor Davis commented on his involvement on the Technical Committee, a sub-committee of Fundy SWAT, and the group's consideration of the Blue Box system, and its study of incineration and other modern ways of solid waste disposal. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by The Market Square Corporation, the contract for excavation and site work and services relocation for the Saint John Regional Exhibition Centre be awarded to Spectrum Enterprises Ltd., at the tendered price of $1,112,680. Messrs. H. Meinhardt, Chairman; H. Stafford, Vice-Chairman; and S. Appleby, Assistant General Manager, of The Market Square Corporation, were present at the meeting; and Mr. Meinhardt, in response to Councillor Fitzpatrick's question about the possibility of the building construction tender being for $20 million, explained that the facility is being designed in such a manner that this would not occur in that the facility is being designed in phases, with each phase being priced as it is designed and has a budget amount attached to it; therefore, the possibility of a cost that much over the estimated $17 million tender is not anticipated. Mr. Meinhardt confirmed the Corporation's intent to fulfill its mandate for a building for a total cost of $17 million and that, if tenders are received above that amount, the Corporation will be going back to redesign the facility at or under the $17 million amount, with the building to have the same or better finishes than the Saskatchewan arena. Councillor Fitzpatrick expressed concern that the City might expend the above amount in site preparation with nothing to put on the site. During discussion Mr. Meinhardt also explained that, although it was originally anticipated that the building would be located on the escarpment site which is on the slope between Carleton and Station Streets in an elevated manner so that Station Street would run underneath, the facility could not be built accordingly for the $17 million; and that, by siting the facility on the flatland, a saving of $1,800,000 resulted, including a $60,000 saving by locating the building on a slab rather than on piles; however, one drawback of the relocation is the addition of 3 months to the construction period in that the excavation and backfill has to be completed for the whole building before construction can start and that, in view of the anticipated 18- month construction period and in order to make up a 3-month period mentioned, the Corporation is requesting that the above tender be awarded immediately, rather than in 4 or 5 months as scheduled, in order for the site to be ready for construction by the first of May 1992. Councillor Flewwelling expressed concern that, in view of the Federal Government's reduction of funds to the Provincial Government, the Province might in turn reduce its unconditional grant to the City, and Mr. Wilson advised that, although the Provincial unconditional grant funding represents about 33 per cent or $30 million of the City's annual revenue and with respect to the Province freezing or reducing the grant, he is unable to indicate to what extent the City would be affected without knowing what the Province might or might not do. The Mayor advised that the Premier reconfirmed his funding to the project and advised the manner in which invoices are to be submitted, and that he did so following the Federal Government's indication of reduced funding to the provinces. Deputy Mayor Gould suggested that any future recommendations of the above nature should be submitted to Council prior to the Monday meeting rather than in Committee of the Whole to be considered immediately following in open session of Council, and asked if Council is to assume that, with the adoption of the above motion, the construction of the civic centre will be commenced to which Mr. Meinhardt replied that, with the passage of the motion, the site will be excavated and backfilled, with no commitment at this particular time for the rest of the building for which approval will be sought from Council in March or April 1992. The Mayor clarified that, as indicated in Committee of the Whole earlier this date, approval of the above tender will prepare the foundation, and the design work, when completed, 83-192 COMMON COUNCIL NOVEMBER 4, 1991 will be submitted to Council for the calling of a tender and that Council will still have another opportunity to indicate yes or no; and Mr. Meinhardt re-iterated that the Corporation is confident that it can fulfill its mandate by constructing the building for $17 million and have the quality of the Saskatchewan arena and it will not be requesting Council's approval for a facility costing more than $17 million in total. Question being taken, the motion was carried with Councillors Fitzpatrick, Flewwelling and Gould voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, further to Council's tabling at its last meeting of the recommendation for the award of a tender for electrical heating at the Spruce Lake screen building, the screen building is more than 15 years old and is not insulated to the present day standards; however, it is not possible to re-insulate the building due to wall/ceiling mounted equipment's; also advising that it is anticipated that the electric heat system will be more cost efficient because it involves individually controlled fan/heaters in each area of the building, and the present oil system is not controlled in the same manner; and recommending that, in receiving and filing this report, the submitted report be taken from the table and the recommendation adopted -- be received and filed: AND FURTHER that as recommended by the City Manager, the tender of Bob Jeffrey Electrical Ltd., in the amount of $14,750, be accepted for the removal of the existing oil-fired heating system and the installation of electric heating in the Spruce Lake screen building. (Councillor M. Vincent withdrew from the meeting.) 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 New Brunswick Municipal Finance Corporation anticipates a very attractive, perhaps the lowest seen since the 1970s, interest rates on its forthcoming bond issue, and that the City of Saint John has a number of C.M.H.C. loans which carry interest rates higher than 9% with some as high as 10 3/4% which could be repaid without penalty; also advising that, based on a review of the outstanding C.M.H.C. loans by Finance Department staff, at least one issue could be refinanced, such issue having $744,000 outstanding at the current date with an interest rate at 10%, and that refinancing this loan at the rates quoted today could save the City approximately $30,000 over the next 5 years, and that staff is seeking Council's approval to refinance any C.M.H.C. loan that will result in reducing interest costs to the City; and recommending that the Commissioner of Finance be authorized to refinance any C.M.H.C. loans that will result in reduced interest costs to the City, and that Council be informed of the actual terms of refinancing once the New Brunswick Municipal Finance Corporation bonds have been sold -- be received and filed and the recommendation adopted. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited October 23-29, 1991 $54,022.51 Question being taken, the motion was carried. 83-193 COMMON COUNCIL NOVEMBER 4, 1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-23, Broadway Avenue & Folev Court Sewer Construction Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sub-total G.ST component Sum recommended for payment, Progress Estimate Number 5, dated October 29, 1991 Partial holdback release $107,289.00 98,206.97 500.00 96,601.77 1,105.20 77.36 $ 1,182.56 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Coastal Flooring & Wall Ltd., in the amount of $15,354.50, be accepted for the supply and installation of ceramic tiling in washrooms and showers at the Charles Gorman and Lancaster Centennial Arenas. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of F. Andrew Simpson, at a price of $7,800, be accepted for the demolition of the Ocean Hawk II. The Mayor asked if the Ocean Hawk II could be renovated for use rather than removed and expressed concern that, in view of the historical significance of the Ocean Hawk II, funds are not available through the Historical Society or other heritage group to restore it for use; and Mr. Todd replied that, in terms of renovations and what should be done, the superstructure of the tug is in terrible condition with a significant amount of rot, and that it is staff's opinion that the best action to take is to remove it in that to retain it would cost much more than the value the City could get in return, and advised that the City, in order to utilize the facility for a Tourist Information Centre, expended well over $30,000 to make it suitable for use and subsequently expended additional funds the next year, to a point that the amount of funds required to make the tug usable as a Tourist Information Centre was not worth the investment, and also that staff anticipates submitting to Council in the short term plans for uses of the area on a temporary, rather than a permanent, basis. In response to Councillor Landers, Mr. Todd advised that the low tender is less than staff contemplated in that the demolition alone was expected to be in the area of $8,000 before the site was rebuilt. (Councillors Coughlan and M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by 83-194 COMMON COUNCIL NOVEMBER 4, 1991 the City Manager, the tender of Golden Torch Electrical Contractors Ltd., in the amount of $31,581.05, be accepted for electrical renovations at the Old Provincial building on Canterbury Street which includes replacement of the existing service entrance and distribution system. (Councillor Rogers withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Atlantic Air Cleaning Specialists Ltd., in the amount of $19,998.49, be accepted to make improvements to the exhaust and ventilation system at the Rothesay Avenue works garage. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $26,500, be accepted for renovations to the Eastern Police Station on Courtenay Avenue. Question being taken, the motion was carried. The Mayor advised that the City Manager has requested that his report regarding a surety bond for the rehabilitation of the gravel pit at 873 Hillcrest Road be withdrawn for one week as there is further information in this regard. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the above- mentioned report be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager submitting a Municipal Wage Freeze Savings Report representing the total amount of cost savings resulting from the wage freeze, as defined by the Provincial Expenditure Management Act, which must be remitted to the Province, based on calculations performed for the General Fund, Saint John Transit Commission, Saint John Aquatic Centre Commission, and The Market Square Corporation, in the total amount of $1,862,367 for 1991 and 1992; and recommending that the Mayor and Common Clerk be authorized to execute the submitted documentation -- be received and filed and the recommendation adopted. (Councillor Rogers re-entered the meeting.) Mr. Wilson, in response to Councillor Knibb's question as to whether or not the above amount is deducted from the Provincial unconditional grant to the City, advised that the above does not affect the unconditional grant in that the mechanism that the Province has used in order to affect the saving is to actually freeze the wages so that there are salary increases which were budgeted for and not paid, and the Province is requesting the City to remit to it the amount of the savings; therefore, it is simply an expenditure to the Province rather than salary increases to employees. The Mayor asked the status of an anticipated report from the Law Society requested by Council on May 27 to which Mr. Rodgers replied that no response has been received to date from the Law Society's Legislative Committee with respect to specific provisions in the Act itself as opposed to the policy of what the Provincial Government was 83-195 COMMON COUNCIL NOVEMBER 4, 1991 attempting to do, and that he would follow up in this regard. Question being taken, the motion was carried. Read a report from the City Manager advising that staff has reviewed the Federal Payroll Tax Bill C-22, the Federal Government's latest attempt to reform Canada's bankruptcy laws which proposes a payroll tax to cover wages owed to employees in the case of a bankruptcy or insolvency, and contemplates a Wage Claim Payment Program to cover employee claims for wages and vacation pay owed up to $2,000 to be funded by a tax of about 10 cents per employee per week, and noting that FCM has, as indicated at Council's meeting of October 21, objected to the mechanism; and also advising that the Bill, if passed in its present form, would result in an increased expenditure to the City and therefore to the taxpayers of approximately $5,500 per year, and that staff contends that the concept of raising property taxes to all property owners in order to ensure that employees engaged in the private sector have their incomes protected should their employer become insolvent is not appropriate, and, in addition, staff cannot support the concept that employers could pass on to their employees this payroll tax through payroll deductions, but would suggest that a tax levied against all employees in all sectors at best is merely a means of raising funds and does not in any way attempt to place the responsibility where it properly belongs. The report further advises that staff does, however, support the concept of "super priority" which, if adopted, would ensure that, upon insolvency or bankruptcy, the proceeds from the disposition of any assets of the corporation would first be used to ensure that the claims of employees received priority over other creditors, including the Crown, and that this concept is supported by FCM; and submits a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council communicate to the Minister of Corporate and Consumer Affairs that the City of Saint John is opposed to the Wage Claim Payment Program as proposed in Bill C-22; and further that it supports the principle of "super priority" which would ensure that claims of employees of either bankrupt or insolvent companies would be first to be settled upon any disposition of assets. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager referring to Common Council resolution of December 17, 1990 requesting that the Saint John Harbour Development Commission allocate an appropriate sum of money to the Christmas Family Campaign; advising that the Campaign has filed a request with the Commission requesting support for the 1991 campaign; and recommending that the Saint John Harbour Development Commission be authorized to allocate $1,000 to the Christmas Families Campaign -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager advising that, as indicated in the submitted correspondence from the Legal Department, J. David Kelly, solicitor for Mr. and Mrs. George J. Caissie, has requested an easement permitting the encroachment of his clients' dwelling house upon the street at the intersection of the northwestern side of City Line with the intersection of the southeastern side of Dufferin Row; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized in consideration of the sum of One Dollar ($1.00) to execute a grant of easement in favour of George 1. and Alice M. Caissie to permit the 83-196 COMMON COUNCIL NOVEMBER 4, 1991 encroachment of their dwelling house at 311 Dufferin Row upon the public street at the southwestern intersection of Dufferin Rowand City Line, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the report from the City Solicitor regarding the request of the Lorneville Ratepayers Association, in its October 28 presentation to Council, for the City of Saint John to sign a legal document guaranteeing good, clean drinking water at no cost whatsoever to any resident of Lorneville; expressing the opinion that the City has no authority to enter into a legal document of this nature in that, with respect to the supply of water, the City, as early as 1914, in legislation, made provision that any amount of water provided to companies or individuals for commercial purposes, through negotiations, was not to be construed to be a contract to supply water and, with respect to domestic use, the principle of user charge has always applied; consequently, any agreement to supply water under any other arrangement requires legislative authority from the Province of New Brunswick; explaining that the issue of contaminated or unacceptable drinking water and the cause of such contamination is another issue, and expressing the opinion that the City has no immunity from any legal claims if drinking water becomes contaminated and the contamination is caused by the action of the City of Saint John; in other words, if contamination does occur and it adversely affects the health of an individual, the City will face the full consequences of any act of malfeasance, misfeasance, or nonfeasance done or omitted or permitted which relates to the cause of the contamination, and that the common good of the community derived from a sanitary landfill site does not take precedence over the right of an individual, when that right is related to life or health considerations -- be received and filed and the Lorneville Ratepayers Association be notified accordingly. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor advising that an accident occurred in December 1987 involving a City fire truck and a Saint John Transit Commission bus and, having been referred to the City's insurance company, the lawyer for the insurance company also represented the City with respect to the loss of use claim; also advising that subsequent Judgment indicated the major portion of the liability was on the driver of the fire truck and the City received $5,121.53 as a portion of the settlement; and recommending approval of the submitted invoice of Barry & O'Neil, for legal services, in the amount of $4,904.12 -- be received and filed and the recommendation adopted. Mr. Rodgers explained that the above situation is a case that, once the incident occurred, the Transit Commission claimed that the City was fully responsible for the damage and the City insurer was of the belief that it should be at least proportioned and that, as a settlement could not be reached, the insurance company and the solicitor representing the insurance company, the loss of use and the damage to the vehicle which was not covered by insurance, started an action, on which the Judgment was 80% per cent on the side of the fault of the fire truck driver and 20% was apportioned to the Transit Commission, and on that basis the City was paid approximately $20,000; and also explained that the case was of such a nature that it would have been difficult to divide the work between the solicitor for the insurance company and a solicitor representing the City, and that the third party claim is what is covered by insurance, rather than the loss of use of or damage to the vehicle. Chief McDevitt assured Council that all Fire Department drivers exercise as much precaution as they can, with very few accidents occurring, and that it is his intent to request capital funding for 1992 in an attempt to introduce a program which, hopefully, will avoid situations of this nature and at least give the Department a 50-50 chance in court. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the 83-197 COMMON COUNCIL NOVEMBER 4, 1991 procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted copy of Common Council resolution of August 19, 1991, concerning the proposed civic centre location at 25 Station Street, have been completed, and that the required waiting period for objections expired on October 30, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the proposed Municipal Plan amendment and re-zoning concerning the proposed civic centre location at 25 Station Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 9, 1991. Question being taken, the motion was carried. (The Mayor withdrew from the meeting as she was not present for the public hearings with respect to the proposed re-zoning of land at the end of Watertower Road and at 393 Eldersley Avenue, whereupon Deputy Mayor Gould assumed the chair. ) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-252 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at the end of Watertower Road and adjacent to the Saint John Throughway (part of NBGIC Number 286559), having an area of approximately 22 acres, from "P" Park to "US" Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-252 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-253 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at Latimer Lake, located at 393 Eldersley Avenue (part of NBGIC Numbers 390237 and 335919), having an area of approximately 15 acres, from "P" Park to "US" Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-253 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", concerning street lighting, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. 83-198 COMMON COUNCIL NOVEMBER 4, 1991 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 October 28, 1991, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely:- 1. That authority be granted for the Housing Working Group to charge a $10 registration fee at its November 6 Housing Workshop. 2. That as recommended by the Nominating Committee, Mr. Robert W. Ring be appointed to the Preservation Review Board for a term of three years. 3. That as recommended by the City Manager, (1) the land on Somerset Street shown as Part "C" on the submitted plan be sold to Wm. P. Dowd & Sons Ltd. under the following terms: (1.1) the purchase price to be $5,000; (1.2) the Company is to be responsible for the cost of the survey required to create the parcel and to combine it with its existing property; and (1.3) the sale is to be dependent on a successful re-zoning of the property to permit it to be used in conjunction with its adjoining business and to take place within 30 days of the completion of the re-zoning; (2) Common Council approval be given for Wm. P. Dowd & Sons Ltd. to apply for the necessary re-zoning of the property to be acquired; such applications will be made within 30 days of approval of the sale by Common Council; and (3) Common Council is neither explicitly nor implicitly obligated to approve re-zoning of the property. November 4, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Mr. Rodgers explained that, based on his understanding that the Housing Working Group is a City-sponsored organization with funds coming from a City budget towards expenses, he knows of no authority, once the City becomes involved with and budgets funds for a group and public funds are allotted to it, for such group to undertake to charge a registration fee to attempt to recover all or part of those public expenses by itself deciding to have a registration fee; advised that he is not aware of this type of situation ever occurring before; and expressing the opinion that a decision to charge a registration fee should be a Council decision, if Council believes a portion of the expenses should be recovered. Councillor M. Vincent asked if, in the absence of a policy in this regard, the matter should be referred to the appropriate staff for consideration of a policy to which Mr. Rodgers replied that the right to charge a registration fee could be included in a group's terms of reference approved by Council, and the Mayor expressed the opinion that Council should discuss this matter as soon as possible. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with the Mayor and Councillor Flewwelling voting "nay". On motion of Councillor Knibb 83-199 COMMON COUNCIL NOVEMBER 4, 1991 Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. (Councillor Fitzpatrick re-entered the meeting.) 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. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as requested by the Saint John Annual Santa Claus Parade Committee, Council underwrite, if necessary, any deficit up to $1,000, with respect to the 39th Annual Santa Claus Parade to be held on Saturday, November 23, 1991. The Mayor asked Mr. Brown to suggest to Committee Chairman Shirley McAlary that the Parade buttons should be sold prior to the Parade, as well as on the Parade route, as is done in Moncton. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Amateur Speed Skating Club requesting that the City of Saint John make available the Lily Lake facilities and other City resources necessary to prepare the ice surface, crowd control, etc., as was provided in the past, for the Charles I. Gorman Outdoor Speed Skating Championships to be held on Saturday, January 11, 1992, with Sunday, January 12, 1992, as the back-up date -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Trade registering its very grave concern about the perception that the City is "anti-development" which has been created by the rejection of the proposed Deans Hill development; and strongly urging members of Common Council and staff to move quickly and forcefully to correct this perception -- be received and filed with appreciation. Councillor Landers expressed the opinion that any erroneous perception has been created not by Council nor the City, but by remarks made by one member of Common Council, and that Council's response to the development in question was what Council was elected to do on the basis that, rather than the onus being on a medium-residential community to conform or comply with a developer, the developer should comply and work with staff and the community to ensure a compatible viable development, and that individual homeowners also have rights; and she suggested that the developers themselves are responsible for the hold-up of the Deans Hill development in that, if Council was dealing with a developer with a proven background with an aggressive but professional approach, this development, which has been alluded to since 1985, would long ago have become a reality. Councillor Landers re- iterated her opinion that one member of Council has created the perception of being anti-development, expressed the opinion that Her Worship the Mayor created this perception with her unwarranted remarks to the press after a public hearing which 83-200 COMMON COUNCIL NOVEMBER 4, 1991 lasted well over three hours with many unanswered questions and a democratic vote of Council; and asked the Mayor to apologize to the community and to Council, as she did behind closed doors, to put an end to this misconceived perception; and concluded that Council has and will continue to welcome proven and viable development that creates jobs and enhances the community, but not to the detriment of the community nor to the quality of life of its citizens. The Mayor responded to the above remarks to the effect that her only apology, and the one that she made to Council, would be for stating that it was a political vote, and that she has nothing else for which to apologize. Councillor Landers expressed exception to the Mayor's remark that no developer need come before Council before the May election. During discussion Mr. Bedford, in response to Deputy Mayor Gould, commented on information obtained by staff on projects completed in Ottawa by the applicants of the proposed Deans Hill development and advised that he did not relate such information to Council at the public hearing as the applicant, and not staff, had been questioned in this regard. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John assure the citizens and the developers in the community that Council unanimously welcomes and encourages compatible and viable development that creates jobs and enhances all of Saint John, and that a copy of this resolution be forwarded to the Board of Trade and anybody else who has been misled by this false perception. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John proceed immediately to hear all issues in a public format unless for some reason they deem it to be too sensitive by Council in relation to legal, finances or personnel. Councillor Knibb suggested that the intent of the above motion should be much more clearly defined and, upon Councillor Coughlan's suggestion that this matter should be referred to the agenda committee for consideration, Councillor Landers agreed to refer the matter if it is to be discussed immediately. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the above matter be referred to the agenda committee for consideration. Question being taken, the referral motion was carried with Councillor Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk