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1992-01-06_Minutes 83-285 COMMON COUNCIL JANUARY 6, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of January, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent 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. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; B. Morrison, Director of Parks; J. Johnson, Building Inspector; J. Baird, Manager, Development Division; B. Russell, Superintendent - Rockwood Park; D. Sherwood, Chief of Police; A Bodechon, Assistant Deputy Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on December 30, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor noted the increase in ridership on VIA Rail resulting in VIA Rail's input of $1 million into new or restored cars for the area. The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, an area of land measuring approximately 3.0 hectares (6.5 acres) located at 303 Milford Road (NBGIC Number 405373), from Low Density Residential and Open Space to Light Industrial classification; and (b) re-zoning the same land from "IL-1" Neighbourhood Institutional to "1-1" Light Industrial classification, to permit the construction of a building to be used for a general contracting business, as requested by Peter A Martin General Contractors Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report and seven letters expressing objections and/or concerns, which were considered at the Committee's December 17, 1991 meeting at which the applicant spoke in favour of the application and a number of residents were present and spoke in opposition to the proposal; and recommending that the proposed Municipal Plan amendment and re-zoning not be approved. (Councillor M. Vincent entered the meeting.) Mr. Harold Melanson of 286 Milford Road appeared in opposition to the proposal for a construction yard in the area on the basis that the school bus stop is directly opposite to the road leading into the property, with Milford Road being narrow and lacking a sidewalk between the City bus stop on the opposite side of the street and St. Rose Church; and for reasons including gasoline and oil leakage from the various types of machinery, which would be washed down into the river; the excavation that would be required should the City find it necessary to work on a sewer in the subject area; and the effect of heavy truck traffic. 83-286 COMMON COUNCIL JANUARY 6, 1992 Mr. Glendon Reid of 235 Milford Road spoke in opposition to the proposal and, having noted the indication in the above-referenced report from the Planning Department that the New Brunswick Department of Environment requires a watercourse alteration permit for any removal or deposit within 30 metres (99 feet) of the watercourse, made the observation that the applicant's proposal sites the building location as behind the rock ledge, although the applicant advised the Planning Advisory Committee that it is his intent to fill-in the property so that he could construct a shed on it. Mr. Reid expressed concern about the condition of the sewer in the subject area, the lack of a barricade thereby allowing persons to dump on the property, and the existence of uncovered discarded roofing material and debris on the site. In response to Mr. Reid's concern about the sewer, Mr. Robichaud advised that staff is aware of the situation and Engineering staff, having visited the site earlier this date, will take whatever action is necessary to protect the sewer. Mr. William Nicholson of 328 Milford Road expressed opposition to the proposal on the basis of the potential hazard to the children which could result from a traffic change in the area, as well as the storage of hazardous materials, and also because the Milford area is residential, not industrial, and his desire for it to remain residential. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the application of Peter A. Martin General Contractors Ltd. for a Municipal Plan amendment and re-zoning of property at 303 Milford Road not be approved. During discussion Mr. Johnson addressed the dumping issue from the point of view that the applicant had no permit to dump organic waste as defined in the Garbage By-Law and his understanding that the applicant, having been directed to remove same, removed the waste and cleaned up the site to the satisfaction of Building Inspection staff and residents as of August, with no complaints having been received since that time; and he confirmed that staff would check the situation again. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land at 101 Kennedy Street (NBGIC Numbers 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from Park and Open Space and Medium Density Residential to Light Industrial classification; and (b) re-zoning the same parcels of land from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, to facilitate the construction of a boat repair building and marina facilities, as requested by Mr. Ralph Carpenter, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its December 17, 1991 meeting at which the applicant spoke and expressed agreement with Planning staff's recommendation, and Mr. Doug Hickman, a property owner and resident living adjacent to the subject site, spoke not in opposition to the proposal but to express his concerns about Kennedy Street being one of the last remaining locations where the public has access to the water and that the existing channel used by the Saint John Power Boat Club might be blocked by the proposed marina; noting that the recommendation indicates that the Kennedy Street right-of-way will be maintained as a public access to the water; advising that, with respect to the channel, the applicant will be required to have approval under the Navigable Waters Protection Act to develop the marina and, through this application and review process, the issue of encroachment on the channel will be assessed by the Federal authorities, with the anticipation being that approval would not be granted to the detriment of existing facilities; and recommending that (1) the proposal to redesignate on Schedule 2-A of the Plan from Park and Open Space and Medium Density Residential to Light Industrial, two parcels of land containing approximately 72,000 square feet at the end 83-287 COMMON COUNCIL JANUARY 6, 1992 of Kennedy Street, having civic number 101 Kennedy Street (NBGIC Numbers 377150 and 380535), be approved; (2) the proposal to re-zone the same parcels of land from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification be approved subject to an agreement pursuant to Section 39 of the Community Planning Act requiring that: (a) the development be limited to a boat repair facility and marina; (b) the development not include any facilities for the consumption of alcoholic beverages; (c) the applicant provide a detailed site plan to be approved by the Development Officer as part of the agreement which would include, among other normal site details, the location and details of buffering, landscaping, fencing, parking, storm drainage and vehicle and pedestrian access; (d) the site be developed in accordance with the site plan approved by the Development Officer in (c) within one year of third reading; (e) the applicant provide security in an amount to be determined by the Development Officer to ensure the site is developed in accordance with the site plan approved by the Development officer in (c); (f) the existing buildings and debris presently located on the site and Kennedy Street right-of-way are removed by June 1, 1992; and (g) no development occur until all necessary approvals are received from the various jurisdictions dealing with the development of the marina; and (3) third reading not be given by Common Council until the agreement is executed. Mr. Ralph Carpenter appeared in support of his application to respond to Council queries and, during discussion, explained that he is concerned about recommendation (2)(f) on the basis that there is inadequate space on which to construct a building of the size proposed and that, if he is permitted to construct the building on the right-of-way, he would build a road on the eastern portion of the property to the water which would be open to the public; and that, if the re-zoning is approved as recommended, he would be unable to build on the property. Mr. Bedford confirmed that Mr. Carpenter has been working with staff of the Planning and Property Management Departments over a twelve-month period at least and has been unable to reach a firm decision as to how he wants to deal with his property; therefore, it was staff's proposal to move with the development as proposed as a first step so that there is in place Council's approval for the applicant to build his boat yard building, the street to stay where it is and the parking to be provided on the western side and, once that is in place, Mr. Carpenter could then come to terms with a decision with respect to the road allowance; and explained that the proposal before Council, if approved, would allow Mr. Carpenter to construct his facility on the easterly portion of the property following which he would be in a position to remove the debris from the Kennedy Street road allowance and, if in the future Mr. Carpenter were to confirm that he wants to apply to close Kennedy Street, such could be considered at that time. Mr. Carpenter noted the presence of a sewer on the property and suggested that he could transfer a piece of land for an easement so as to be permitted to place his building on the right-of- way and construct a road down to the water which would be open to the public, and the Mayor suggested that further meetings of the applicant and staff could possibly lead to a resolution of the situation which could be included in a Section 39 agreement. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land at 101 Kennedy Street (NBGIC Numbers 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from Park and Open Space and Medium Density Residential to Light Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land at 101 Kennedy Street (NBGIC Numbers 83-288 COMMON COUNCIL JANUARY 6, 1992 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from Park and Open Space and Medium Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two parcels of land at 101 Kennedy Street (NBGIC Numbers 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two parcels of land at 101 Kennedy Street (NBGIC Numbers 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the proposed amendment not be given by Common Council until the Section 39 agreement is executed. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law text amendment to add a new subsection to Section 620(2)(c) to read: "notwithstanding (i) or (d) a tavern or cabaret may be located at 541 Rothesay Avenue (NBGIC Numbers 309229 and 55076079).", to permit a licensed lounge to be established, notwithstanding that the subject property is less that 300 meters from an existing licensed lounge on the same street, as requested by L.S.O. Enterprises Ltd., and that no written objections were received in this regard. No persons were present to speak in opposition to or in favour of the proposed amendment. 83-289 COMMON COUNCIL JANUARY 6, 1992 Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its December 17, 1991 meeting at which the applicant spoke in favour of the proposed amendment and the Committee adopted Planning's recommendation which includes the placement of conditions on the development of a parking lot beside the building; and recommending that the Zoning By-Law be amended by adding a new subsection to Section 620(2)(c) to read: "notwithstanding (i) or (d) a tavern or cabaret may be located at 541 Rothesay Avenue (NBGIC Numbers 309229 and 55076079). On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns adding a new subsection to Section 620(2)(c) to read "notwithstanding (i) or (d) a tavern or cabaret may be located at 541 Rothesay Avenue (NBGIC Numbers 309229 and 55076079), be read a first time. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns adding a new subsection to Section 620(2)(c) to read "notwithstanding (i) or (d) a tavern or cabaret may be located at 541 Rothesay Avenue (NBGIC Numbers 309229 and 55076079), be read a second time. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a triangular parcel of land located to the rear of 520-550 Somerset Street, containing an area of approximately 6000 square metres (1.5 acres), and comprising part of NBGIC Number 411884, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to permit the subject land to be consolidated with and used in conjunction with the light industrial use of the adjoining lands currently owned by Wm. P. Dowd & Sons Ltd., as requested by Wm. P. Dowd & Sons Ltd., and that no written objections were received in this regard. No persons were present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its December 17, 1991 meeting; and recommending that a triangular parcel of land containing an area of approximately 6000 square metres (1.5 acres) located to the rear of 520-550 Somerset Street (part of NBGIC Number 411884) be re- zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial 83-290 COMMON COUNCIL JANUARY 6, 1992 classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, providing as follows: (1) the property shall be consolidated with and used in conjunction with the uses permitted on the adjacent properties at 520-550 Somerset Street having NBGIC Numbers 46417 and 52423; and (2) development of buildings, structures, parking and storage areas shall be in accordance with a site plan submitted by the applicant and approved by the Development Officer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular parcel of land containing an area of approximately 6000 square metres (1.5 acres) located to the rear of 520-550 Somerset Street (part of NBGIC Number 411884) be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. During discussion Councillor M. Vincent, referring to recommendation (1), asked if the uses for the subject property would automatically change if the uses permitted at 520-550 Somerset Street change, and the Mayor asked that Council be so advised in this regard prior to third reading. (Councillors Fitzpatrick and A. Vincent withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular parcel of land containing an area of approximately 6000 square metres (1.5 acres) located to the rear of 520-550 Somerset Street (part of NBGIC Number 411884) be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455, respectively), from Low Density Residential to High Density Residential classification, to bring the Plan designation in conformity with the zoning on the larger parcel and permit the re-zoning of the smaller parcel to the "RM-2" High Rise Multiple Residential zone, as requested by Corporation 1906 Inc. 83-291 COMMON COUNCIL JANUARY 6, 1992 (Councillor A. Vincent re-entered the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Saint John Central Business Development Corporation for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 11 cents per $100 of assessment for 1992 on business property within the area as designated by Council, and that no written objections were received in this regard. No persons were present to speak in opposition to or in favour of the proposed budget. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as requested by the Board of Directors of Saint John Central Business Development Corporation, Council approve the budget for the Business Improvement Area as follows:- Revenue: Business Improvement Area Levy Interest Work Grants Urban Design Grant $210,000 7,950 2,500 181,000 $401 ,450 Expenses: Annual Meeting Marketing Public Relations Newsletter Urban Design Business Development Tourism Development Strategic Projects Education Office & Administration Doubtful Accounts Dues Insurance Miscellaneous Meetings Office & Postage Leased Equipment Professional Fees Rent Telephone Travel Wages & Benefits $ 73,000 11 ,000 8,000 181,000 11 ,500 2,500 1,500 1,500 12,000 750 1,600 5,500 7,000 10,000 5,000 4,000 3,800 3,300 3,500 55,000 $401 ,450 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan 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. 83-292 COMMON COUNCIL JANUARY 6, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan 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. The Mayor advised that there is an urgency with respect to third reading of the above By-Law amendment. 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. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number B-114-3 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Davis withdrew from the meeting due to a possible conflict of interest. ) The by-law entitled, "By-Law Number B-114-3 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. (Councillor Davis re-entered the meeting.) Notice had been given to Khalid Mahmood Malik, Owner, to appear at this meeting of the Common Council to show cause, if any, why the building located at 467-469 Main Street (NBGIC Number 370700), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. No person was present to speak either in opposition to or in favour of the recommended demolition. Mr. Johnson requested that the above item be withdrawn from the agenda of this meeting for the reason that a registered letter was received from the property owner earlier this date stating that he had been in a near-fatal car accident and is unable to attend this meeting; confirmed that this matter has been discussed with the City Solicitor; and advised that the building has been secured from public entry at the present time, and it is staff's intent to review the matter and, if necessary, resubmit it to Council at a later date. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the Building Inspector's request to withdraw from the agenda of this meeting the matter of the property at 467-469 Main Street under the 1925 Building Act be granted. Mr. Johnson advised that, as there is a major structural problem with the above building that is also of concern, it is his intention to re-issue notices almost 83-293 COMMON COUNCIL JANUARY 6, 1992 immediately and that staff will deal with the Legal Department to ensure that concerns about the ability of the owner to appear are met. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) Mr. Karol Siroky, President of EPC R & D Corporation, appeared before Council concerning his proposed development of the commercial/residential property at the corner of Germain and Princess Streets at 139 Germain Street, in accordance with his previously-submitted brief defining the "owners concept" of the subject property. Mr. Siroky asked for the City's endorsement of the purchase of the property, and to possibly have a suspension of the usual procedure to provide for flexibility so that the design could be changed as the project progresses, as well as to have established a contact with City staff to explore this new timely concept of building and development, and the City's assistance in converting a tentative grant of $200,000, which is available from Federal and Provincial sources, for the restoration of the property. Mr. Siroky advised that the Friday, December 6, 1991 closing date of the transaction for the purchase of the property, as referenced in correspondence from R. Wayne Myles included in the above-mentioned brief, is extendable. The Mayor, in noting that the usual procedure is to consider motions on presentations later in the meeting, called for a motion with respect to the above presentation. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the City Manager arrange a meeting between Mr. Karol Siroky, President of EPC R & D Corporation, and City staff with respect to the proposed development of 139 Germain Street. Question being taken, the motion was carried. Miss Shirley McAlary, President of the Saint John Central Business Development Corporation, addressed Council concerning the Corporation's plans for improvements in the uptown area of the City under the Streetscape Improvement Program, which is Program 1 of the Canada/New Brunswick Cooperation Agreement on Urban Economic Development, which will provide the Corporation with $625,000 in funding for public area improvements in the uptown over the next three years. Miss McAlary noted the street improvements, as referenced in the previously-submitted brief, in which the Corporation is prepared to cost share in 1992, including Germain Street (King to Union Streets), King Square North, Charlotte Street (King Square South to Princess Street), Horsfield Alley, Canterbury Street, Chipman Hill, Church Street, Union Street (St. Patrick Street to Chipman Hill), and West Entry Feature in the vicinity of the intersection of Union and St. Patrick Streets, at an estimated cost of $550,000, of which the Corporation, under the Agreement, is able to contribute up to 50% or $275,000. Miss McAlary proposed that the remainder of the project funding be cost shared by the City of Saint John and the Saint John Transit Commission, the latter which has indicated that it has budgeted $35,000 for bus shelters in 1992, therefore, necessitating a contribution of $240,000 from the City of Saint John if the proposed work is to proceed. Miss McAlary asked, as the Corporation has not had an opportunity to meet with City staff in this regard because of the holiday season and as the City is currently involved in its capital budget process, for Council's permission for the Corporation to work with City staff in this regard so as to discuss the design and funding method, and also asked if the Corporation could, in the future, work with the City in any design work that may be planned for the uptown streets. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the presentation by the Saint John Central Business Development Corporation regarding 1992 Uptown streetscaping improvements be referred to the City Manager and appropriate staff. 83-294 COMMON COUNCIL JANUARY 6, 1992 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a statement issued by Gabriel Fontaine, Member of Parliament for Levis, Quebec, calling for the inclusion of an anti-deficit clause in the new Canadian Constitution -- be referred to the City Manager and the Commissioner of Finance for appropriate input. Councillor Knibb expressed the opinion that, as preparation of the new Canadian Constitution should not be made more difficult by the inclusion of minor clauses of this nature, the above matter should be received and filed. Councillor M. Vincent expressed concern about the scope proposed for the clause in that it is indicated that it would be applicable to federal, provincial, territorial and municipal governments, as well as to school boards and other public bodies. Question being taken, the motion was lost with the Mayor and Councillors Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Mayor Wayne be received and filed. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) Consideration was given to a letter from Councillor Flewwelling referring to his October 15, 1991 request that Council be provided with the complete monthly expenditures in the form that was available before the computer printout was produced, and asking that Council be informed as to when such a monthly report will be made available. Mr. Wilson advised that the manual system used prior to the computer system was such that, as cheques were prepared manually, one of the staff members was able to review, for example, the five or ten invoices being paid on the one cheque and provide a brief description of the expenditure and make a very general comment on the number of invoices being paid; however, in order to carry out this practice now, it would be a matter of a staff person picking up information and manually reviewing invoices in order to prepare a brief description of what was being paid on a number of invoices. Mr. Wilson also advised that, while he would prefer that staff not be asked to do this, he appreciates that Council is asking for information on expenditures, and he proposed that, in February, staff would be able to present Council with information on the January purchases on an invoice-by-invoice basis, attempting to make it as user- friendly as possible, which would show each purchase and a description of same, and that this information would be printed on ordinary stationery, rather than computer paper. Discussion was with regard to the need for the information to be made available on the basis of Councillor Coughlan's observation that, as a member of the Finance Committee, he has been assured that safeguards are in place so that purchases are justified, and he does not wish to create more work for staff, and that he would not support any alteration to the current system unless the Commissioner of Finance indicates that there is some weakness in it, and Mr. Wilson expressed the opinion that controls are in place to ensure that goods and services are paid for only if they have been ordered and received by the City and that he sees the request for information on the types of things being bought rather than as a means of adding to the control in that there are spending limits and specific persons authorized to purchase and receive and signing officers in place. With respect to the amount of time which 83-295 COMMON COUNCIL JANUARY 6, 1992 would be required, Mr. Wilson explained that it would be his proposal to use the computer to generate the information which would require an estimated 15 to 20 hours of programming time to generate the particular report, following which it would simply be computer time on a monthly basis printing the report, and possibly time to photocopy the report if it not placed in the Councillors' Office as in the past, and that this proposal would be unlike the previous manual system referred to above which was a time- consuming process. The Mayor indicated that a motion was not necessary with respect to this matter in that the Commissioner of Finance indicated his intention to provide the requested information in February. (Councillor M. Vincent re-entered the meeting during the above discussion.) Read a report from the City Manager advising that, in accordance with the 1991 license agreements allowing concessionaires to renegotiate their contracts for canteen services in Rockwood Park for another year, (1) Mr. and Mrs. Robert Creamer, who operate the Rockwood Park Municipal Golf Course canteen, have requested an extension to operate the canteen as per the 1991 terms and conditions for the same period in 1992 and have also requested that the 1991 fee of $4,550 be maintained for 1992; (2) the Saint John Y's Mens' Club has requested an extension to operate the A- Frame Canteen at Fisher Lakes under the same terms and conditions as in 1991, with the 1991 license fee of $5,000 to remain for 1992; and (3) Mr. Frederick H. Little has requested to extend his license agreement for the Lily Lake Pavilion, based on the same terms and conditions of the 1991 agreement with the license fee of $1,000 and 8% of gross revenue to remain the same for 1992, and has also requested the following payment schedule as an amendment which would make it easier for him to pay on a timely basis (sales represent gross revenue before taxes): January 15, 1992 - $500; January 15, 1992 - $8% December 1991 sales; February 15, 1992 - 8% January 1992 sales; March 15, 1992 - 8% February 1992 sales; April 15, 1992 - $8% March 1992 sales; June 25, 1992 - $500; June 25, 1992 - 8% May 1992 sales; July 15, 1992 - 8% June 1992 sales; August 15, 1992 - 8% July 1992 sales; September 15, 1992 - 8% August 1992 sales; and October 15, 1992 - 8% September 1992 sales. The report also advises that the Parks Department has discussed with Mr. Little the addition of a clause to his contract which would require him to give up his contract at Lily Lake Pavilion on a 30-day notice to be used to support any response to the proposal call for the Pavilion; and submits a recommendation with respect to the proposed license agreements. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the Rockwood Park canteen concession license agreements be extended for 1992 as requested and with the terms and conditions as discussed in the body of the above report from the City Manager, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents for each canteen operation. 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 December 16, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Shelley G. Courser, Ronald Cowie and Mike Brown be re-appointed to the Saint John Parking Commission for a term of three years effective January 1, 1992. 83-296 COMMON COUNCIL JANUARY 6, 1992 2. That as recommended by the Nominating Committee, David O'Brien and Michael Richard be re-appointed to the Planning Advisory Committee for a term of three years effective January 1, 1992. 3. That as recommended by the Nominating Committee, Messrs. Gordon A. Thorne and Abbie M. Colwell be appointed to the Board of Trustees of the Lord Beaverbrook at Saint John, Inc. for a term of three years effective January 1, 1992. January 6, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 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 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb 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 Coughlan RESOLVED that the letter from Mr. Tom Smart, Curator of The Beaverbrook Art Gallery, Fredericton, N.B., regarding Council's deliberation over the matter of not reinstalling Claude Roussel's sculpture, Progression, on the facade of the City Hall building; and urging Council to reinstall this sculpture in its intended place; and the letter from Charlotte Glencross, Visual Arts Officer, Arts Branch, Province of New Brunswick, advising that she has been asked by a group of artists in the City of Saint John to write to Council adding her voice to the controversy surrounding the Claude Roussel art work at the Saint John City Hall; expressing the hope that credence will not be given to those proposing the permanent removal of this prestigious sculpture, and that the high regard New Brunswick art professionals have for Claude Roussel work will be considered; suggesting that, with respect to the rumour that the Roussel work could be displayed in a location other than at City Hall, this might infringe on the artist's rights under the new copyright law; and asking that Council seek and heed the opinion of art professionals when considering the future of this important art work -- be received and filed and they be advised that the sculpture is being removed from the City Hall building in order to repair the roof and that no one has determined that it will not be reinstalled. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the application of Atlantic Neon & Plastic Signs Ltd. for an amendment to the Section 39 re-zoning of 20 Prince Edward Street be referred to the Planning Advisory Committee for a report and 83-297 COMMON COUNCIL JANUARY 6, 1992 recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 17, 1992. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Eric L. Teed, Q.C., referring to the Wage Claim Protection Act being created by the Federal Government in relation to bankruptcy, which will require all employers to pay a new employer tax and purports to provide some protection for workers of employers that go bankrupt; submitting a copy of a report respecting the concept; and suggesting that the municipal government take a public stand against it, particularly as it will mean increased expenditures without benefit for the municipal tax payer. Council's previous consideration on October 21, 1991 of a FCM communique on the above matter was noted by the Mayor, and Mr. Wilson noted that Council adopted the recommendation in staff's subsequent report to Council on November 4, 1991 to oppose the Wage Claim Payment Program as proposed in Bill C- 22 and to support the concept of "super priority" which would ensure that unpaid wages arising from bankruptcy would have priority over claims of the Crown. The Mayor asked the Commissioner of Finance to prepare for her signature a letter to FCM and the Federal Government in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that, with regard to the letter from Mr. Eric L. Teed, Q.C., concerning the Federal Wage Claim Protection Act, the Commissioner of Finance prepare for the Mayor's signature a letter to the Federation of Canadian Municipalities and the Federal Government opposing the Act as proposed in Bill C-22 and supporting the principle of "super priority". Question being taken, the motion was carried. Mr. Russell commented on the activities planned for Winter Fest at Rockwood Park on January 3 and 4. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk