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1992-02-03_Minutes 83-336 COMMON COUNCIL FEBRUARY 3, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of February, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, 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. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development Division; R. Johnston, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Janet Farren of Foursquare Gospel Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that minutes of the meeting of Common Council, held on January 27, 1992, be approved. Question being taken, the motion was carried. (Councillor A Vincent entered the meeting.) The Mayor commented on Big Brothers-Big Sisters of Saint John's Bowl For Kids fund-raising event on February 1; noted the February 5 open house being hosted by the City's Housing and Property Management Department in conjunction with the Fire Department at St. Marks United Church to offer the citizens of Saint John West an opportunity to view the schematic plans for the new #7 Fire Station proposed for Manchester Avenue, and a February 20 Seminar at the Union Club on Masonry Building Maintenance; and proclaimed February 2 to 8 to be White Cane Week in the City of Saint John, which is jointly sponsored by the Canadian Council of the Blind and the Canadian National Institute for the Blind in an effort to make the public more aware of blindness and visual impairment. (Councillors Rogers and M. Vincent entered the meeting during the above remarks.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Saint John Mercantile Centre Limited's application for a Section 39 amendment (copies of which were distributed to Council members at this meeting), and a recommendation concerning the public hearing for the re-zoning of properties for the new #5 Fire Station (which was considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 83-337 COMMON COUNCIL FEBRUARY 3, 1992 8000 square feet located at 239 King Street West (NBGIC Numbers 363341 and 361253), from District Centre Commercial to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "B-2" General Business to "1-1" Light Industrial classification, to permit the expansion of the existing building which will contain a food processing use, as requested by Lynwood Randall, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's January 28 meeting at which the applicant expressed no objections with staff's recommendation and Mr. Ronald Galbraith voiced his concerns recommending against the proposal, as well as copies of two letters against the proposal and one letter voicing concerns; advising that the Committee adopted staff's recommendation which permits the applicant to remain for up to one year while an alternative facility is found, and Economic Development staff is, and will continue, to provide assistance to the applicant; and recommending that the Municipal Development Plan amendment, re- zoning and variance be denied. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, the Municipal Plan amendment and re-zoning of property at 239 King Street West, as requested by Lynwood Randall, be denied. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above matter be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide and Metcalf Streets, from High Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same lot from "RM-2" High-Rise Multiple Residential to "B-2" General Business classification, to permit the property to be used for commercial purposes, with a glass installation business proposing to use the existing building on the property, as requested by Ambassador Glass Ltd., and that no written objections were received in this regard. No person was present to speak in opposition to or support of the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its January 28 meeting at which the applicant was in attendance as well as one neighbouring property owner who, while not objecting to the application, requested clarification of the extent of the area to be re-zoned, as well as copies of two letters of objection and one letter in support of the proposal; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from High Density Residential to District Centre Commercial classification, a lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide Street and Metcalf Street; and (b) the same lot be re-zoned from "RM-2" High-Rise Multiple Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the 83-338 COMMON COUNCIL FEBRUARY 3, 1992 Future Land Use Plan, a lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide Street and Metcalf Street, from High Density Residential to District Centre Commercial 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 Knibb Seconded by Councillor Gould 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, a lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide Street and Metcalf Street, from High Density Residential to District Centre Commercial 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 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 lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide Street and Metcalf Street, from "RM-2" High Rise Multiple Residential to "B-2" General Business classification, 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 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 lot located at 40 Adelaide Street (NBGIC Number 371385), with frontage on both Adelaide Street and Metcalf Street, from "RM-2" High Rise Multiple Residential to "B-2" General Business classification, 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 Fitzpatrick 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 regard to the proposed re-zoning of a parcel of land located at 927 Grandview Avenue (all or part of NBGIC Number 338863), containing an area of approximately 88,250 square feet (2 acres) to the north of Grandview Avenue, from "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three-Storey Multiple 83-339 COMMON COUNCIL FEBRUARY 3, 1992 Residential classification, to permit the construction of a residential building containing 41 efficiency units and one two-bedroom apartment, as requested by Villa Ridge Construction Ltd., and that letters and a petition were received in opposition to the proposed amendments, as well as a letter from Mr. Gerald Webster, President of Villa Ridge Construction Ltd., requesting to withdraw his application for re-zoning at 927 Grandview Avenue. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its January 28 meeting at which the applicant responded to concerns which area residents have with the proposal and indicated that he would withdraw his application to develop this site if resident opposition still persisted and he would pursue the development of a different parcel of land which already has the appropriate "RM-1" Three-Storey Multiple Residential zoning and is further away from Champlain Heights, and Mr. Carl White spoke on behalf of a large number of residents who appeared in opposition to the proposed development, and two other residents also spoke in opposition; explaining that copies of the 394-name petition and 36 letters received, all in opposition to the proposal, are not submitted as the applicant indicated that he would be formally withdrawing his application within forty-eight hours, although a copy of the concerns which were identified with the petition and read to the Committee by Mr. White are submitted; and recommending that the application be denied. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that Common Council grant the request of Villa Ridge Construction Ltd. to withdraw its application for re- zoning of property at 927 Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne referring to the matter of a reduction in the number of municipal governments in New Brunswick, on which The Honourable Marcelle Mersereau shared her thoughts at the recent Cities of New Brunswick Association meeting; and recommending that a letter be forwarded to Premier Frank McKenna advising of Council's recommendation that amalgamation and regionalization of services be undertaken only after consultation with local government, and that a committee be established of Provincial and municipal representatives to address this matter -- be received and filed and the recommendation adopted. Councillor Fitzpatrick asked that staff submit a report to Council on the above matter and the ramifications for the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Landers asking the City Manager to inform Council about the ongoing activities taking place at the former Howe's Lake dumpsite by City staff and any other parties, including the monitoring of leachate from this location; and requesting that this information be provided to Council as soon as possible so that citizens can be assured 83-340 COMMON COUNCIL FEBRUARY 3, 1992 that all necessary precautions are in place and that any activities taking place at this particular site are an acceptable use and comply with all environmental regulations -- be referred to the City Manager for a report to Council. Councillor Landers advised that she has received telephone calls about ongoing activities at the above dumpsite, particularly in the early morning hours when City trucks have been present, and suggested that the citizens should be made aware of what is occurring, allowed and ongoing at the dumpsite, and if there is any problem being created by the burning of rubbish, trees or such. Mr. Robichaud advised that, although the Howe's Lake dumpsite was officially closed approximately 12 years ago according to a Provincial standard, the City has budgeted a total of $180,000 over the next 4 years to fill in and grade the site, basically, for esthetic reasons, and that there is no Provincial requirement to do any further work on the landfill site relative to leachate; expressed the opinion that, as it would cost in the order of millions of dollars to follow modern procedures relative to dealing with leachate, the site is unique in that it is not near any properties that are on wells where leachate could contaminate drinking water and so on; and also advised that it is not staff's intention to submit to Council a recommendation relative to evaluating the site in conjunction with collecting or treating leachate. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the application of Saint John Mercantile Centre Limited for an amendment to the Section 39 conditions of re- zoning of property on the north side of Union Street, between George and Mill Streets, 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 March 2, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the public hearing scheduled for March 2, 1992, to consider the application for the re-zoning of properties for the new Fire Station #5, be cancelled. The Mayor explained that the City proceeded further on the above matter in view of the ongoing negotiations with the property owners. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Mr. Eugene O'Connor for an amendment to Section 620(2) of the Zoning By-Law to permit a licensed lounge at 87-79 Golden Grove Road, which was tabled at the public hearing of December 9, 1991, with no readings given pending a meeting between the applicant and area residents; advising that, since the December 9 public hearing, meetings have been held with the applicant and his solicitor and Mr. Erik Kraglund, the spokesperson for several area residents, and, in an effort to resolve the issues raised, Mr. O'Connor's solicitor has submitted a letter to the Director of Planning listing a number of proposed conditions which his client would agree to have imposed by the Planning Advisory Committee, and listing these proposed conditions. The report also advises that Mr. Kraglund has indicated that, while the proposed undertakings by Mr. O'Connor will address some of the neighbours' objections, a number of their concerns remain unresolved, including hours of operation, noise, drinking drivers, crime and the general undesirability of locating a drinking establishment in proximity to a residential area, and the objectors are also concerned that conditions will be difficult to enforce; explains that, because the property is already zoned "1-1" Light Industrial, it is not legally possible for Common Council to impose conditions pursuant to Section 39 of the Community Planning Act; however, a lounge is a conditional use in this zone and, 83-341 COMMON COUNCIL FEBRUARY 3, 1992 consequently, the Planning Advisory Committee has the authority to place terms and conditions on the operation if Common Council decides to adopt the proposed text amendment to the Zoning By-Law; also explains that the City Solicitor has confirmed that, while the Planning Advisory Committee must consider the placement of terms and conditions on the operation if Common Council approves the proposed text amendment, this may not occur until after third reading is given to the amendment; and states that the above-noted information has been provided to assist Common Council in reaching a decision with respect to the proposed Zoning By-Law text amendment. Consideration was also given to a letter from Mr. Erik W. Kraglund clarifying, on behalf of the immediate neighbours surrounding the above property, the position in regard to the application in that the proposals presented make no significant changes from the position presented to Council in December and they do not support the proposed amendment. (Councillors Fitzpatrick and Councillor M. Vincent withdrew from the meeting as they were not present for the December 9, 1991 public hearing of the proposed Zoning By-Law text amendment with regard to 87-89 Golden Grove Road.) On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the application of Mr. Eugene O'Connor for a Zoning By-Law text amendment, with regard to 87-89 Golden Grove Road, be denied. Councillor Rogers, in noting that Mr. O'Connor's solicitor indicated in the negative to her question of whether or not his client had been charged with any violations, advised that, according to public information which she obtained on checking with the Police Department, the license of the establishment known as Our Apartment, which is the subject of the application before Council, was suspended for several infractions, whereupon the Mayor noted that information in this regard is contained in Mr. Kraglund's above-referenced letter. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above report from the City Manager and the letter from Mr. Erik Kraglund be received and filed. Question being taken, the motion was carried. 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 progress certificates, namely:- 1. Contract 91-14, Hilvard Street Reconstruction Standard Paving Maritime Limited Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated January 22, 1992 Final holdback release $ 103,547.00 96,003.14 Nil 81,602.67 14,400.47 942.09 $ 14,400.47 83-342 COMMON COUNCIL FEBRUARY 3, 1992 2. Contract 91-27, Asphalt Resurfacing Provincially-DesiQnated HiQhways Standard Paving Maritime Limited Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated January 27, 1992 Final holdback release 3. Contract 91-1, Concrete Curb & Sidewalk Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 7 Retention Payments previously approved Sub-Total G.ST Component 1 Sum recommended for payment, Progress Estimate Number 7, dated January 28, 1992 Partial holdback release $ 219,000.00 230,626.65 Nil 196,032.65 34,594.00 2,263.16 $ 34,594.00 $1,214,423.00 1,237,662.55 3,300.00 1,014,377.90 219,984.65 4,391.52 $ 219,984.65 (Councillors Fitzpatrick and M. Vincent re-entered the meeting.) Question being taken, the motion was carried. Notice had been given to Khalid Mahmood Malik, Owner, to appear to show cause, if any, why the building located at 467-469 Main Street (NBGIC Number 370700) should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson, referring to the photographs he circulated of the above- mentioned three-storey brick frame building, advised that, as the subject building is currently boarded up, it is therefore not an issue of public safety from public egress, although the building is dilapidated on the interior as indicated by the photographs; and explained that the major problem is that the east wall of the building has been very seriously damaged by perhaps settlement or frost to the effect that there are windows that have been severely distorted and are about to fall into the interior, and he does not know what is holding the wall up and what is stopping it from falling down; therefore, it is this structural problem, rather than the normal condition of the building, that is the issue. Mr. Johnson recommended that, unless the owner is prepared to fix the building very soon, the building should be demolished because it is dangerous. Mr. Khalid Malik of 1660 Manawagonish Road appeared, on behalf of his brother, concerning the above matter; and he referred to his brother's letter to Mr. Johnson (a copy of which was submitted with the above correspondence from the Building Inspector), which indicates that the matter of the extent of fire damage is still before the court and his brother is awaiting a decision to determine whether or not it will be necessary to contest or settle the matter. Mr. Malik, in response to Council queries, explained that, while originally the damage was mostly inside the subject building, the wall has been damaged because the building has not been heated for the last two or three years and that, once a settlement is reached, whatever needs to be done will be done to repair the building; and also that, originally, the problem brought to their attention was that the doors were open and children were getting inside, and that the condition of the wall was not an issue when the property was to be brought before Council on January 6, 1992. Mr. Malik advised that his brother has owned the building since October 1989, and that he does not recognize or agree that the building is dilapidated and dangerous at the present time, although it is dilapidated on the inside because of the fire; and also advised that his last visit to the property was approximately three or four weeks ago 83-343 COMMON COUNCIL FEBRUARY 3, 1992 when he went to board it up, and it was suggested that Mr. Malik should be shown the photographs circulated by Mr. Johnson. Mr. Johnson, responding to Council queries, explained that the major problem with the structure is mainly the brick, although there appears to be a large hole under what seems to be the foundation of the block masonry, and that the brick masonry wall has moved so much that the windows have actually moved, which means that the wall is, at some point, close to collapse, and his concern is that, when he visited the site in January to look at the building to determine whether or not it was secure at that time, there was at least one vehicle parked against the structure, and it would be exceedingly dangerous if the wall collapsed and an occupied parked vehicle were present. Mr. Johnson advised that, while the building could be repaired, it would have to be done quite soon, and the owner does not seem prepared to go onto the site quickly and remove the dangerous elements. With regard to the possible use of barricades to limit public access to the building, Mr. Johnson asked if, in this instance, the City put up barricades, would the City or the owner of the building be liable if any injury resulted, and noted that barricades can also attract attention to the building. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that notice having been given to Khalid Mahmood Malik, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 467-469 Main Street (NBGIC Number 370700) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building and, having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 467-469 Main Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Khalid Mahmood Malik is hereby required to remove or destroy the said building situate at civic number 467- 469 Main Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Khalid Mahmood Malik, to remove or destroy the said building situate at 467-469 Main Street in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said Khalid Mahmood Malik, Owner. In response to Mr. Malik's comments on the photographs, which he was given an opportunity to view at this meeting, Mr. Johnson expressed the opinion that the crack in the wall is indicative of the fact that the wall may be about to disengage itself from the structure of the building, although a collapse could be catastrophic and happen quite quickly, or be quite slow with only a few bricks going at a time, but clearly it would appear to him that the structure has moved and there is a potential for the brick face to come off and drop into the parking lot. Mr. Rodgers expressed the opinion that, in the circumstances of this case and the presentation made by the Building Inspector with Mr. Malik's representative having been given an opportunity to speak, and unless the Building Inspector is recommending the placement of barricades around the structure, Council must consider the condition of the building from a danger point of view to the public; and that, while Council is not compelled to accept the Building Inspector's recommendation, Council, having no reason to reject the Building Inspector's recommendation on the danger situation, should not get involved in some half measure to wait to see what the owner may do, having had a recommendation from the Building Inspector in the form that is before Council at this time. Question being taken, the motion was carried. 83-344 COMMON COUNCIL FEBRUARY 3, 1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of PRW Mechanical & Fab. Ltd., in the amount of $40,235, including all taxes, be accepted for the fabrication of eel traps and screens for the Coleson Cove water intake building and the Spruce Lake treatment plant. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". Read a report from the City Manager submitting a summary of the bids received in response to the tender for the supply of various items of work clothing for the outside labour force and members of the Fire Department; advising that, as an error had been made in the information distributed to bidders with respect to the coverall portion of the tender, the prices quoted for coveralls do not appear in this report, and bids will be recalled for item 5; also advising that K D Industries Ltd., which is included on the summary sheet, had bid on item 5, coveralls, but not on items 1-4; explaining that Hoffman's is the lower bidder on 3 garments and is only $43.73 higher on the total cost of the fourth and that, in 1991, this contract was awarded to one supplier and resulted in 23 orders being place during the year for a combination of all garments, and that, if this year's award were to be split between two vendors, the number of orders would increase, possibly by 100% to 46 orders in 1992 and result in that many more orders being placed, invoices being processed and cheques being issued which, in staff's opinion, would not be in the City's best interests from either a financial or administrative position; further advising that the total value of this tender, awarded as recommended, is $34,712.91, including G.S.T.; and submitting a recommendation on the award of the tender. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Hoffman's Ltd. be accepted for supplying work clothing for the City's outside labour force and members of the Fire Department, for the year 1992, at the prices quoted as indicated in the submitted bid summary, and that staff be authorized to purchase up to a minimum of $35,000 on this agreement, on an as- required basis. Councillor Rogers expressed the opinion that, due to difficult economic times, the tender should be divided between the two local firms, two items each, awarding items 1 and 2 to Hoffman's Ltd. and items 3 and 4 to Fairville Department Store, at a cost of $16,670 and $15,771, a difference of approximately $1,000 from the recommended award. Mr. Hanlon explained that the garments are ordered on an as- required basis, with a minimum quantity kept in stock at Rothesay Avenue to meet the Local No. 18 workers' needs and that, when stock is down, it is replenished; and that conceivably, if stock were down, it would be necessary to re-order from both suppliers thereby doubling the number of orders, invoices, and cheques, which, in view of the $43.73 amount, is not considered to be efficient. Councillor M. Vincent advised that he would support the award of the tender to the low bidders which would be items 1, 2 and 4 to Hoffman's and item 3 to Fairville Department Store. Moved in amendment by Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the above motion be amended by awarding the tender for item 3 - overalls, to Fairville Department Store, at the unit prices quoted. Question being taken, the amendment to the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". Question being taken, the motion as amended was carried. (Councillor Davis withdrew from the meeting.) 83-345 COMMON COUNCIL FEBRUARY 3, 1992 Read a report from the City Manager advising that the consultant's study on the Upper Floor Grant Program identified a number of measures which must be completed before implementation can commence, including a recommendation for the formation and membership of a Program Management Committee, and that Council's appointment of this Committee by the end of February should allow for a call for expressions of interest in April; and recommending that Council appoint Ernest Wedge of the Preservation Review Board, Director of Housing and Property Management Bill Todd, Heritage Planner Jim Bezanson, Brian Malone of the Planning Department, and Building Inspector John Johnson, to the Upper Floor Grant Program Management Committee, and that Council also appoint Committee members selected from the groups identified in the consultant's study. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Council appoint Ernest Wedge of the Preservation Review Board, Director of Housing and Property Management Bill Todd, Heritage Planner Jim Bezanson, Brian Malone of the Planning Department, and Building Inspector John Johnson, to the Upper Floor Grant Program Management Committee, and the groups identified in the consultants' study as having representation on the Committee be asked to submit names for Council's consideration. 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 January 27, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the City proceed to advertise for a call for proposals for the preparation of a watershed designation study for the East and West Musquash Watershed and the Spruce Lake Watershed. February 3, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the Annual Report of the City of Saint John Environment Committee for the year ended December 31, 1991 - - be received and filed. Question being taken, the motion was carried. 83-346 COMMON COUNCIL FEBRUARY 3, 1992 On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the report from the Saint John Parking Commission advising that, having reviewed Don Driscoll's complaint on a parking ticket as considered by Council on December 30, 1991, Mr. Driscoll received a parking ticket because he parked a private vehicle in a commercial loading zone while he went into the store to see whether or not they had an item in stock, and it was the decision of the Parking Commission that the ticket issued is valid and should be paid and, according to its records, the ticket was paid on December 31, 1991; also advising that Parking Commission Administrator Richard Smith has talked to Mr. Driscoll and explained the ticket-writing procedures followed by the By-Law Enforcement Officers when issuing tickets in the uptown area; and further advising that, with respect to the current practice of completing the ticket after recording the date, time and plate number as that is how the ticket is designed, the Commission will try Mr. Driscoll's suggestion to write the plate number down last and observe what impact it will have on the enforcement of the uptown area -- be received and filed and a copy be forwarded to Mr. Driscoll. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the N.B. Chapter of United Nations Association of Canada noting that March 8 in each year has been proclaimed by the Association to be International Women's Day; advising that, as a means of recognizing the important role women have in society, the Chapter has established an award of merit to be presented to suitable candidates submitted by the municipalities throughout the Province; and inviting Council to submit its nomination with the reason for same -- be referred to the Nominating Committee. Question being taken, the motion was carried. (Councillor Davis re-entered the meeting.) On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Hunting Committee Chairman - New Brunswick Wildlife Federation appealing for reconsideration on the issue of evicting the Saint John Fish & Game Club from its premises at Lily Lake Pavilion -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from the Federation of Canadian Municipalities submitting, further to Common Council's resolution on Bilateral Air Agreement which was endorsed at the FCM's 1991 Annual Conference, the response from the Minister of Transport, The Honourable Jean Corbeil; and advising that all ministerial responses to resolutions endorsed by FCM will be published in the "Consolidated Responses" book and distributed to all FCM members prior to the 1992 Annual Conference -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Central Business Development Corporation expressing the opinion that, to facilitate communication between the City of Saint John and uptown business and 83-347 COMMON COUNCIL FEBRUARY 3, 1992 property owners about the Upper Floor Grant Program, it would be beneficial to have a representative of the Corporation appointed to the Program Management Committee -- be received and the Corporation be asked to advise its nominee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from the New Brunswick Anti-Poverty Association noting that, while it is understood that there are a number of City boards and commissions which relate to people in the below poverty level, few boards, if any, have members representative of this large class of citizens in the community; and asking the City if, in future appointments to boards and commissions, it would seek to have persons who receive income below the poverty line on each committee -- be received and filed and referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Joan Parfitt submitting a copy of a letter on the subject of the Regional Exhibition Centre, which was written by her and published January 28; referring to an indication at the November 4, 1991 Common Council meeting that no commitment was being made at that particular time for the rest of the building, with approval to be sought from Council in March or April 1992; and asking Council to consider this clause and, in the meantime, to listen to the ordinary people, especially those who have lost their jobs and the many who think that it is a big risk at this time to carry another deficit -- be received and filed. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Ken Somerville, Business Manager of U.A. Local 213, Plumbers & Pipefitters, in response to the submitted letter from Rick Armstrong, Secretary of the Master Plumbers Examining Board requesting that the Union send a letter to the Common Clerk requesting that Mr. Reid's name be replaced by Mr. Somerville's name to be appointed by Common Council as a member of the Board; and requesting that Mr. H. Reid's position on the Board be removed and his name be submitted for the approval of Common Council -- be referred to the Nominating Committee and the Common Clerk and/or the City Solicitor be asked to review the membership of the Board to determine if re-appointment of all members is due. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Fish & Game Protective Association commenting on two recent situations which, in the Association's opinion, were caused by the staff of the City of Saint John and will greatly detract from the Association's relationship with the City; stating that, assuming the City is the landlord, a landlord has no legal right to break and enter a tenant's premises without the tenant's permission; expressing the opinion that a personal apology by the City and City employee Brian Foster is in order and that the City should undertake all repairs that are necessary to the damaged doors and the cost of cleaning both the Club room and kitchen area; and submitting photographs in this regard for Council's study, consideration and appropriate action -- be received and filed and the City Manager be asked to bring together whatever parties are required to resolve this issue as quickly as possible. 83-348 COMMON COUNCIL FEBRUARY 3, 1992 Mr. Robichaud addressed the above letter on the basis of City staff's offer to provide assistance to the Association to vacate the premises, in the preparation of a set of plans and cost estimate to build a new facility, and the offer to recommend to Council a permanent location for the facility in Rockwood Park or property which could be donated to the organization, including a review of the rifle range in the City Hall building and the use of the Barrack Green Armoury building; and advised that, based on his opinion that the sign placed in the window of a City-owned building was inappropriate, he contacted the President of the Association who first agreed to remove the sign and subsequently indicated that he would not remove it having discussed it with the membership, and that the City's subsequent action was to cover the window in which the sign was displayed for the duration of major events occurring at the Pavilion and taking the covering down in the interim between major events. With regard to the issue involving Mr. Foster, Mr. Robichaud explained that, while in the past the Association has co-operated with the City relative to utilizing its portion of the building so that groups renting the Pavilion could use its kitchen facilities, Mr. Foster works for the Horticultural Association and, while he has been unable to determine at this time whether or not permission was obtained from the Association to use the premises, Mr. Foster opened the door, with very little force due to an improperly-installed dead bolt, and used the facility because he, in fact, thought he had the right to do so; and he made the observation that, as the Association has now changed the locks on all the doors, the City has no access at all to any area of the building in case of damage that must be repaired. Mr. Robichaud re-iterated the offer to the Association to give every assistance staff can to deal with the issue. Councillor M. Vincent asked if the Mayor would consider asking the City Manager to bring together whatever parties are required to resolve this issue as quickly as possible, and the Mayor asked that the motion, which was to refer the matter to the City Manager, be to receive and file the above letter and have the City Manager take those steps. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk