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1992-03-09_Minutes 83-401 COMMON COUNCIL MARCH 9, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of March, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; D. O'Leary, Director of Economic Development; B. Morrison, Director of Parks; P. Asimakos, Planner; D. Sherwood, Chief of Police; B. Thompson, Deputy Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on March 2, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed March 16 to 21, 1992 to be Racial Harmony Week in the City of Saint John, March 21 being International Day for the Elimination of Racial Discrimination as designated by the General Assembly of the United Nations. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that a copy of a letter to the Mayor from Jennifer Mann, and the Saint John Regional Exhibition Centre Interim Committee's February minutes (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A Vincent RESOLVED that the City Manager's reports (which are on the Committee of the Whole agenda of this date) regarding the appointment of an Acting City Manager; a letter from Local No. 18, C.U.P.E., concerning the establishment list; Carleton Street land acquisition; the purchase of street lights for Spruce Lake Industrial Park; and the Spruce Lake Watershed Designation Study, be added to the agenda for consideration at this meeting. The Mayor advised that the City Manager has information on the above matters to discuss with Council in Committee of the Whole, and noted that property matters are considered in closed session. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb and Landers voting "nay". 83-402 COMMON COUNCIL MARCH 9, 1992 On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, advising that the Local Government Administration Branch has recently completed the review of the 1992 municipal budgets and the average increase in net budgets over 1991 is 2.08%, which is well below the 4% guideline implemented as a result of the Province's consultations with municipalities at the beginning of the budgetary process; and thanking the City for its cooperation during this difficult time -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from New Brunswick Safety Council Inc. regarding the City's award of the Governor-General's Safe Driving Week Certificate of Merit for 1991, Saint John being one of the many Canadian municipalities with a population of 40,000 and over which remained fatality-free during Safe Driving Week from December 1-7,1991 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne referring to her letter to the February 3 meeting of Council concerning the possible amalgamation or regionalization of services, and submitting a copy of her letter to the Premier in this regard, as well as a copy of the Premier's response indicating that, in seeking greater efficiencies, the delivery of services on a regional basis may be appropriate in certain cases while, in other instances, a consideration might be the amalgamation of a number of contiguous municipalities, and that the Province will want to consult on a regional level with those municipalities and unincorporated areas which may be affected; and assuring that, should any proposals be considered that impact on the municipality of Saint John, the Council will be fully consulted -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that the copy of the letter to Mayor Wayne from Jennifer Mann of Moncton regarding her experience with Saint John living -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the Saint John Regional Exhibition Centre Interim Committee's February 1992 minutes be received and filed. Question being taken, the motion was carried. 83-403 COMMON COUNCIL MARCH 9, 1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0831T Chain Link Fence Works and Parks Departments Fundy Fencing Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated March 5, 1992 Final holdback release $16,890.00 16,890.00 Nil 14,356.50 $ 2,533.50 (Councillor Rogers entered the meeting.) 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 construction progress certificate, namely:- 1. Contract 91-0839 Washroom Ceramic Tile Lancaster Centennial & Charles Gorman Arenas Coastal Flooring and Wall Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated March 5, 1992 Final holdback release $15,354.50 15,354.50 Nil 14,202.91 $ 1,151.59 Question being taken, the motion was carried. Read a report from the City Manager advising that the City is able to proceed with seventeen positions under Challenge '92, the Federal subsidy program for student summer employment, as follows:- 1 Information Marketing Officer - Community and Economic Development Department; 1 Outdoor Education Assistant Director, 5 Programmers, and 5 Integration Leaders - Recreation Department; 1 Environmental Interpreter - Parks Department; 1 Skills Development Instructor - Human Resources Department; and 1 Project Co-Ordinator and 2 Community Animators - Police Department; also advising that, upon approval by Employment & Immigration Canada of the City's applications for funding under Challenge '92, the City will provide the summer jobs described and Employment & Immigration will make a contribution to the City in respect to the related wages, mandatory employer costs and other costs, with the City to certify that the proposed jobs would not be created without the subsidy requested; and further advising that the Executives of Locals 486 and 61 have advised that they concur with all applications submitted for their review and the positions identified are not related to the work of other bargaining units. The report concludes that the Program will provide a subsidy of $4.25 per hour per job, with individual departmental budgets to cover the difference between the subsidized amount and the graduated wage schedule established for summer student employment; and submits a recommendation for Council's consideration. 83-404 COMMON COUNCIL MARCH 9, 1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the necessary application/agreements for the City's involvement in Challenge '92, and that they be forwarded to Employment & Immigration Canada. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the proposed 1992 schedule of rates, fees and charges for Rockwood Park; advising that, as pointed out during the presentation of the 1992 Operating Budget, there is a need to have customers pay more for the services they use and in this way reduce the taxpayers' burden, and furthermore it is the intention of the Parks Department to make the Golf Course and Driving Range self-supporting over the next few years; also advising that it is felt that a reasonable increase in revenue can be accomplished by having the customers pay the GST, on top of the stated fee or charge; in other words, the fees and charges for 1992 as proposed will be exclusive of the Goods and Services Tax; and also advising that two other categories have been added to the golf fee schedule to boost memberships, being the family membership and the student rate. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the submitted schedule of rates, fees and charges for Rockwood Park be approved for 1992. Councillor Rogers asked how the golf course rates in Saint John compare to rates in other courses in New Brunswick to which Mr. Morrison replied that, while the rates in private courses have not been set as yet, Saint John's rates are expected to be lower in comparison, and that Saint John's rates are now between 70 and 80 per cent cost accountable. In response to Councillor Coughlan's suggestion that the Goods and Services Tax should be included in the rates as it was last year so that users see only one amount, the Mayor suggested that staff could perhaps monitor the situation to see if its exclusion this year has any effect. Councillor Landers asked if the rental rate for the Lily Lake Pavilion is the same as would be paid for buildings in other areas and how the rates are determined, and also if the City loses revenue on the Pavilion on the basis that it has been indicated to her that the rental rate is so high that it is not to a person's advantage to hold, for example, a bingo there, and perhaps the facility might be utilized more often if the rental rate was lower, and Mr. Robichaud replied that, while the City does charge minimally more than some other places in the City, the City should be competitive enough so as to compete with every other facility in the City. The Mayor suggested that staff should review this matter and report to Council on the charges for other facilities in the City, and Mr. Robichaud suggested that this report could also include the rates including the Goods and Services Tax. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for a further report from staff. Question being taken, the tabling motion was carried. The Mayor asked that the City Manager's report on the Saint John Regional Exhibition Centre hydro relocation be withdrawn from the agenda as it has been settled and there will be no charge. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the above-mentioned 83-405 COMMON COUNCIL MARCH 9, 1992 report from the City Manager be withdrawn from the agenda. Question being taken, the motion was carried. Her Worship the Mayor gave the following Notice of Motion:- "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to moved, the following resolution, namely:- RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND Transportation Services Adelaide Street $17,745; Asphalt Planing $11,065; Bardsley Avenue $33,147; Canon Street $39,287; Canon Street Retaining Wall $48,983; Carleton Street $61,792; Catherwood Street $92,030; Cedar Grove Crescent $70,536; Champlain Street $52,178; Charlotte Street West $65,279; Chesley Drive $65,997; Chipseal Various Streets $34,476; Church Avenue $96,150; Coburg Street $118,873; Culverts $13,281; Dever Road $110,798; Emery Street $10,467; Fairville Boulevard $58,190; Gault Road $301,901; George Street $29,176; Goodrich Street $161,310; Grandview Avenue $165,779; Hill Heights Road $21,221; Hilyard Street $102,762; Lakewood Avenue West $15,741; Lancaster Avenue $91,290; Leinster Street $36,555; Loch Lomond Road $63,954; Ludlow Street $52,619; Main Street North $43,198; Manawagonish Road $30,895; Manners Sutton Road $37,544; McAllister Drive $11,837; Mcintosh Street $79,867; Nicolle Road $33,451; Old Orchard Lane $14,321; Orange Street $237,784; Paving - Spruce Lake Industrial Park $12,612; Pleasant Street $43,502; Prince Street $103,363; Prince William Street $126,728; Queen Street $44,985; Red Head Road $24,457; Rothesay Avenue Complex $176,247; Second Street $28,033; Shaws Lake Road $25,775; Spring Street $6,918; St. James Street West $12,405; Thorne Avenue - Curb & Sidewalk $8,553; Tippett Drive $87,120; Traffic Signals Manchester Avenue $17,000; Tree Planting $39,631; Water Street $11,192 -- $3,300,000 Recreation & Parks Adelaide Street $53,980; Carleton Community Centre $17,421; Fisher Lake $166,465; Golf Course $18,333; Gorman Arena $11,768; Hurley Arena $3,489; Lancaster Arena $86,943; Memorial Field $40,376; Rockwood Park $185,394; Somerset Street, Play Area $6,141; Stu Hurley Arena $18,496; Troop Street $28,762; Tucker Park $12,432-- $650,000 Environmental Development Greater Residential Incentive Program (GRIP) $458,730; Heritage Grants $52,720; Housing Infill Development (HID) $78,770; Market Building $84,021; Old Provincial Building $31,394; Regional Exhibition Centre $268,497; Subdivision Cost Sharing $150,868 -- $1,125,000 Total General Fund $5,075,000 WATER AND SEWERAGE UTILITY Water System Central Avenue $36,390; City Line $193,212; Coburg Street $107,859; Cranston Avenue $82,936; Dominion Park Road $3,985; Dufferin Row $43,107; Fluoridation $497,626; Ludlow Street $94,442; Main Street North $55,036; Market Place $29,295; Pleasant Street $59,367; Pokiok Road $51,842; Rothesay Avenue $142,505; Service Box Renewal $133,476; St. George Street $76,420; St. John Street $134,362; Watershed $20,470; Woodville Road $87,670 -- $1,850,000 83-406 COMMON COUNCIL MARCH 9, 1992 Sewer System Broadway Street $72,655; Central Avenue $49,662; Champlain Street West $19,566; City Line $218,687; Coburg Street $7,252; Cranston Avenue $113,244; Dominion Park Road $10,740; Douglas Avenue $28,400; Dufferin Avenue $49,208; Dufferin Row $30,536; Expansion Avenue $40,796; Foley Court $7,798; Germain Street West Sewer Renewals $5,520; Gifford Road $65,111; Glen Falls Lift Station $65,459; Glenwood Subdivision $9,722; Harbour/ Wastewater Study $36,121; Haymarket Square $159,153; Hazen Creek Treatment Plant $12,578; Instrumentation $11,438; Lancaster Sewerage Treatment Plant $679,720; Local Drainage $60,990; Ludlow Street $122,711; Main Street North $133,999; Market Place $18,526; Market Square $59,270; Millidgeville Sewage Treatment Plant $5,805; Newman Street $40,210; Orange Street $2,356; Pleasant Street $28,385; Pokiok Road $87,006; Rothesay Avenue Pump Station $61,491; Sewage Lift Stations $16,326; South Bay $26,693; St. George Street $113,846; St. John Street $150,696; St. Catherine Street $43,561; Thorne Avenue $57,509; Waste Water Pump Stations $7,370; Woodville Road $144,884 -- $2,875,000 Total Water and Sewerage Utility $4,725,000 Total for all purposes $9,800,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $9,800,000.". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting.) Consideration was given to a report from the City Solicitor referring to the issue concerning the question of the validity of the public notice for the proposed amendment to a 1973 re-zoning under Section 39 of the Community Planning Act relative to 160 Chesley Drive, which was raised at the March 2 public hearing of the application of the Department of National Defence by the solicitor speaking in support of written objections on behalf of the Fort LaTour Development Authority; expressing the opinion that the public notice connected with the required statutory advertising in this instance complies with the requirements of the Community Planning Act; and explaining that, while it is true that the North End Urban Renewal Scheme was adopted by Council in 1972, it was again used as a Section 39 proposal in 1973 when the Zoning By-Law was amended on July 3, 1973 to re-zone various zoning districts in the Chesley Street area to a "PD" Plan Development District, such District having been inserted into the City's Zoning By-Law in late 1971 or early 1972 at which time the Community Planning Act did not contain Section 39, but did contain similar provisions as presently exist in Section 39 in Section 19A, and during 1972 re-zoning amendments occurred where "PD" Plan Development Districts were established using the provisions and conditions of Section 19A. The report also explains that, when on January 1, 1973 the new Provincial Community Planning Act came into existence, Section 19A was replaced with Section 39 and provision was made for an "ID" Integrated Development Zone to be used with Section 39 under Section 34(4) of the Act, and the "ID" Zone concept contained in the Community Planning Act is the same type of zone as was referred to in the City's Zoning By-Law as "PD"; and concludes that Council is in order in proceeding to deal with this matter if it so wishes. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by 83-407 COMMON COUNCIL MARCH 9, 1992 the Planning Advisory Committee, Common Council amend the North End Renewal Scheme, as adopted by the Section 39 resolution on July 3, 1973, to permit the development of the proposed naval reserve facility as proposed, on the condition that: (1) the proposal be developed in accordance with the detailed plans to be approved by the Development Officer prior to the building permit approval; (2) the detailed plans mentioned in (1) shall include parking area, access, landscaping, signage, and a pedestrian system to be located between the main building and the boat house and to travel along the Harbour at the eastern side of the site; (3) all agreements with respect to the 80-foot road allowance and lands to be leased for parking under the Bridge, are executed and registered with the property prior to building permit approval; and (4) the amendment shall be limited to that portion of the subject site bounded on the north by the future Chesley Drive extension and on the east by the Harbour Bridge structure, and the amendment shall also include any portion of the subject site under the Harbour Bridge structure which may be used for parking: AND FURTHER that the above report be received and filed: Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-266 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximately 41684 square metre (10.3 acre) portion of a parcel of land at 57 Eldersley Avenue (NBGIC Number 55055800), located on the easterly side of Eldersley Avenue near its intersection with the Lomond Road and having an area of approximately 21 acres, from "RS-1" One- and Two-Family Suburban Residential to "RR" Rural Residential 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. 100-266 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. (Councillor Coughlan re-entered the meeting.) 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 March 2, 1992, when there were present Mayor Wayne and Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the 1991 Annual Report of the Saint John Harbour Development Commission be received and filed and made public. 2. That as recommended by the City Manager, (1) 244 square meters (2,626 square feet) of land on McAllister Drive required for road improvements, shown as Parcel 90-4 on a subdivision plan entitled Ritchie's Holdings Ltd. Subdivision prepared by Keirstead Holdings Ltd. and dated July 13, 1990, be acquired from Ritchie's Holdings Ltd. for a price of $15,000 plus the cost of an appraisal completed for it; (2) the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners, for the purpose of road improvements, the fee simple absolute title in and to the lands described as Parcel 90-5 on a subdivision plan entitled Parcel 90-5 New Brunswick Broadcasting Co. Limited Subdivision prepared by Keirstead Surveys Ltd. and dated July 11, 1990; and (3) the City Solicitor or his designate be authorized to initiate and proceed with all steps 83-408 COMMON COUNCIL MARCH 9, 1992 necessary to expropriate from the owner or owners, for the purpose of road improvements, the fee simple absolute title in and to the lands described as Parcels 90- 6 and 90-7 on a subdivision plan entitled Irving Oil Company, Limited Subdivision prepared by Keirstead Surveys Ltd. and dated December 3, 1991. 3. That as recommended by the City Manager, the space at 49 Princess Street with an area of approximately 1320 square feet be leased to the Saint John Learning Exchange under the following terms and conditions:- (1) the lease to be for a three-year period commencing April 1 , 1992; (2) the rental to be $1 per year, payable in advance; (3) the Learning Exchange is to carry out renovations to create the layout shown as Phase I on a floor plan prepared by MMC Architects Limited dated 1991-11 and designated Dwg. No. A 1, A2 and A3, and any exterior work to be approved by Preservation Review Board; (4) the Learning Exchange, after the renovations, is to be responsible for maintenance, cleaning, redecorating and electrical consumption within the space; (5) the City is to supply heat and, after the renovations, will be responsible for repairs required to the electrical, plumbing, heating or sprinkler systems; and (6) the City will replace the entrance door from Princess Street. 4. That as recommended by the City Manager, the land on Crown Street used as a parking lot for the Boys' and Girls' Club and identified as NBGIC Number 17939 be sold to the Boys' and Girls' Club of Saint John Inc. for a price of $1.00. 5. That as recommended by the City Manager, Patrick Young be granted a license to use approximately 4,400 square feet of City-owned land at the south corner of McAllister Drive/Golden Grove Road intersection as generally outlined on the submitted plan under the following terms: (1) the license period to be May 1, 1992 to October 31, 1992; (2) the rental to be $225 per month payable in advance; (3) the building to be removed by November 30, 1992; (4) a deposit of $500 be paid and returned to the licensee once the building is removed; and (5) if the building is not removed as required, the City has the right to remove it at the owner's expense and will not be responsible for any damage caused during the removal. 6. That as recommended by the City Manager, the Commissioner of Environment and Infrastructure Services replace the Assistant City Manager - Operations as the City's ex-officio member on the Major Tournament Committee. 7. That as recommended by the City Manager, Council approve the submitted Policy #433 (POL) "Vehicle Accident Investigation and Reporting". March 9, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling 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 Rogers RESOLVED that section 2 of the above report be adopted. ((3) Rescinded December 13, 1999 Bk 87 pg 802 ) Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. 83-409 COMMON COUNCIL MARCH 9, 1992 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 6 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 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Raymond Beale, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Mr. Wilson confirmed that both employees being considered for disability retirement at this meeting meet the recently-enacted Federal legislation. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of George Chapman, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from David Buckle, Skip of the Curling Team which, again this year, won the N.B. Provincial Senior Mens' Championships and will represent the Province, curling out of the Thistle-St. 83-410 COMMON COUNCIL MARCH 9, 1992 Andrews Curling Club, at the Nationals in Saskatchewan from March 14-21, and asking about the possibility of receiving a grant from the City similar to what was received last year to assist in offsetting expenses in this regard -- be received and filed and a grant of $200 be approved. Councillor Fitzpatrick noted that the above letter indicates that the Team will be representing the Province, and asked the residency of the Team members on the basis that, if they are not residents of Saint John, should the City be contributing money to them. Mr. Rodgers suggested that, while he has not examined the issue in its entirety to give an opinion, residency should not be the deciding factor for a grant, whereupon Councillor Fitzpatrick proposed a motion, which was not seconded, that the matter be tabled until such time as the Team members' places of residence are known. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Discussion was with regard to the matter of residency when considering grants during which time Mr. Rodgers made the observation that, as indicated in a previous opinion to Council, the test before Council, that the courts have seemed to encourage, is if the grant is for the common good of the City, and the Mayor suggested that the question before Council in the above instance is what benefit is there for the City to have five persons who represent the Province participate in an event outside the City, and asked the City Solicitor to submit an opinion in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from the Tournament Chairman on behalf of the Royal Canadian Golf Association and The Riverside Country Club requesting the City to be a co-sponsor of the Willingdon Cup Dinner for the Canadian Amateur Golf Championships to be held at The Riverside Country Club on August 22 -- be referred to the City Manager for a report to Council. The Mayor suggested that, as the City Manager is authorized to approve grants up to a maximum of $500 and the above request is for $1,200, Council would have to make a decision on this request if more than $500 is to be approved. Councillor Fitzpatrick suggested that the City Manager could recommend to Council a grant in excess of $500, and Councillor Coughlan asked that the City Manager advise Council of the benefits to the City of the event. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from N.B. Federation of Home and School Associations, Inc., requesting financial assistance to assist in offsetting its costs for the noon meal and coffee break supplies at this year's Annual Meeting for the Associations to be held on April 10 and 11 -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Harold E. Wright expressing his support for the application of the Department of National Defence to construct a new naval reserve facility off Chesley Drive -- be received and filed and Mr. Wright be thanked for his support. Question being taken, the motion was carried. 83-411 COMMON COUNCIL MARCH 9, 1992 On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from the Souvenir Programme Committee of the 83rd Allan Cup Hockey Tournament, to be held at the Lord Beaverbrook Arena during the week of April 18-25, requesting that the City of Saint John purchase the first page of its souvenir programme at a cost of $500 including GST -- be received and filed and the City place an ad as requested. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Terence Johnston expressing his views on the Saint John Regional Exhibition Centre project; and suggesting that maybe it would be a good idea to see what the people, who will support this sportsplex with their attendance, have to say in this matter -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of John and Verna Seale for the re-zoning of 295 Millidge Avenue 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 April 13, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the letter from Paul Hastings asking for special permission for his mini-home to remain on his mother's property at 899 Old Black River Road -- be referred to the City Manager for additional information. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Flewwelling, Gould, Knibb and Landers voting "nay'. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that permission be granted for Paul Hastings to retain his mini-home at 899 Old Black River Road for a period of one year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-412 COMMON COUNCIL MARCH 9, 1992 Common Clerk