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1992-06-08_Minutes 83-569 COMMON COUNCIL JUNE 8, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of June, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Trites, A Vincent and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development Division; J. Adam, Manager - Data Processing; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Pastor Larry Collins of the Church of the Nazarene Community Christian Fellowship, offered the opening prayer. The Mayor called for a motion to appoint Charles Robichaud as Acting City Manager for this Council meeting. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that Charles Robichaud be appointed Acting City Manager for this Council meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on June 1, 1992, be approved as amended. Councillor A Vincent made the observation that he voted "nay" to the motion adopted at the June 1 meeting approving a grant for Radio 98 Lite FM, whereupon the Mayor advised that she recalled Councillor A Vincent voting "nay" on the grant approval, and asked that the June 1 minutes be amended accordingly. Question being taken, the motion was carried. The Mayor advised that a letter was forwarded to Natasha Hallett, daughter of Victor and Beverley Hallett of 120 Orange Street, congratulating her on having been named to the Canadian National Gymnastics Team that will be competing at the Summer Olympics in Barcelona, Spain; and proclaimed June 14 as National Neighbourhood Day in the City of Saint John as part of Canada 125 Corporation's suggested celebration of Canada's 125th Birthday. 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 located at 485 Lancaster Avenue (NBGIC Numbers 394825 and 55086235), from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same area of land from "R1-B" One-Family Residential to "1-1" Light Industrial classification, to permit the conversion of the existing building for an awning business, as requested by Awning World Limited, and that no written objections were received in this regard, and that 83-570 COMMON COUNCIL JUNE 8, 1992 letters (copies of which were distributed to Council members at this meeting) were received from Mr. Charles Shaw, President of Awning World Ltd., requesting to withdraw the application, and Mr. Jim Eastwood, Real Estate Sales Representative of Royal LePage, requesting on behalf of his client that the application be withdrawn as the contract between Awning World Ltd. and his client, the vendor of 485 Lancaster Avenue, has expired. Consideration was given to a letter from the Planning Advisory Committee submitting copies of the Planning Department's report, a letter in favour and two letters objecting to the proposal, as well as a petition to Common Council signed by forty neighbours against the proposal, which were considered by the Committee at its May 20 meeting, at which the applicant spoke in favour of the proposal and four neighbours spoke in opposition; advising that, after considering the proposal and the representation made by neighbours, the Committee decided it could not recommend approval of the application; and recommending that the application not be approved. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Awning World Limited for a Municipal Plan amendment and re-zoning of 485 Lancaster Avenue be withdrawn, as requested by the applicant. Question being taken, the motion was carried. The Mayor advised that she and Councillors Coughlan, Landers and Rogers, who attended the June FCM Annual Conference in Montreal, will be submitting a report to Council in this regard in the very near future. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land with frontage on Adelaide Street, Main Street and Metcalf Street, having civic numbers 21,23,29 and 39 Adelaide Street, 247-249, 253-255, 257-259, 263 and 271 Main Street, and 194 Metcalf Street (NBGIC Numbers 374421, 55012991, 374884, 378968, 374892, 374462,374454,374447,378745,55019566,378737 and 377010), together with a Local Common located adjacent to NBGIC Number 377010, from "RM-1" Three-Storey Multiple Residential to and "RM-2" High-Rise Multiple Residential to "US" Utility and Service classification, to permit the construction of a fire station on the above-noted lands, further to Common Council resolution of April 13, 1992, and that no written objections were received in this regard. No person was 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 and a copy of a letter in support of the above application, considered by the Committee at its June 2 meeting at which the Director of Housing and Property Management expressed agreement with Planning's recommendation; and recommending that the City of Saint John Zoning By- Law be amended by re-zoning an area of land with frontage on Adelaide Street, Main Street and Metcalf Street, having civic numbers 21,23,29 and 39 Adelaide Street, 247- 249,253-255,257-259,263 and 271 Main Street, and 194 Metcalf Street (NBGIC Numbeffi374421, 55012991, 374884, 378968, 374892, 374462, 374454, 374447, 378745, 55019566, 378737 and 377010), together with a Local Common located adjacent to NBGIC Number 377010, from "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "US" Utility and Service classification. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land with frontage on Adelaide Street, Main Street and Metcalf Street, having civic numbers 21,23,29 and 39 Adelaide Street, 247-249, 253-255, 257-259, 263 and 271 Main Street, and 194 Metcalf Street (NBGIC Numbers 374421,55012991,374884, 378968,374892,374462,374454,374447,378745, 55019566, 378737 and 377010), together with a Local Common located adjacent to NBGIC Number 377010, from "RM- 83-571 COMMON COUNCIL JUNE 8, 1992 1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "US" Utility and Service 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 an area of land with frontage on Adelaide Street, Main Street and Metcalf Street, having civic numbers 21,23,29 and 39 Adelaide Street, 247-249, 253-255, 257-259, 263 and 271 Main Street, and 194 Metcalf Street (NBGIC Numbers 374421,55012991,374884, 378968,374892,374462,374454,374447,378745, 55019566, 378737 and 377010), together with a Local Common located adjacent to NBGIC Number 377010, from "RM- 1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "US" Utility and Service 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 Gould RESOLVED that the above letter from the Planning Advisory Committee 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 proposed Zoning By-Law text amendment to add a new subsection Section 720(2)(a)(iv) C. to read: "C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on approximately 4 ha (10 acres) at 586 Churchland Road (NBGIC Number 55020036).", as requested by Mr. Wayne D. Hamilton, and that a letter in opposition to the amendment was received from Mr. Brian Edward Boyce, as well as a letter from Lorri Denton (copies of which were distributed to Council members at this meeting) expressing the opinion the time frame for the storage of 30 cattle is important and should be stated in any amendment to the Zoning By-Law. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in favour of the proposal considered by the Committee at its May 20 meeting at which the applicant attended and expressed agreement with the recommendation, and no other persons appeared; and recommending that an amendment to the Zoning By-Law be approved by adding a new subsection Section 720 (2)(a)(iv) C. to read as follows: "C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on approximately 4 ha (20 acres) at 586 Churchland Road (NBGIC Number 55020036).". Mr. Dennis Boyle, solicitor for the applicant, appeared in support of the above application and, in requesting that the Planning Advisory Committee's recommendation be carried out, offered to respond to Council queries in this regard. With regard to the time frame for storage of cattle as questioned by Councillor M. Vincent, Mr. Boyle advised that the applicant has summer grazing in the Black River area and it is standard as well as his practice to leave the animals on the grass in that area for as long as possible, which would be from May, or as early as the grass is of grazing length, into October/November, as it is to his advantage to do so, with winter months taking in November, December, January, February, March and April and a portion of Mayas the season dictates. 83-572 COMMON COUNCIL JUNE 8, 1992 On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new subsection Section 720(2)(a)(iv) C. to read as follows: "C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on approximately 4 ha (10 acres) at 586 Churchland Road (NBGIC Number 55020036).", 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 A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new subsection Section 720(2)(a)(iv) C. to read as follows: "C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on approximately 4 ha (10 acres) at 586 Churchland Road (NBGIC Number 55020036).", 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 A Vincent RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to adopting a City of Saint John Urban Renewal By-Law with respect to a parcel of land with an area of approximately 1116 square feet and a width of approximately 12 feet (NBGIC Number 55085724), further to Common Council resolution of March 30, 1992, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed By-Law. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's June 2 meeting at which no presentations or letters were received; and recommending that an Urban Renewal By-Law be adopted with respect to a parcel of land with an area of approximately 1116 square feet and a width of approximately 12 feet, having NBGIC Number 55085724 located on Chesley Drive. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that an Urban Renewal By- Law, with respect to a parcel of land with an area of approximately 1116 square feet and a width of approximately 12 feet, having NBGIC Number 55085724 located on Chesley Drive, be read a first time. Question being taken, the motion was carried. Read a first time an Urban Renewal By-Law. 83-573 COMMON COUNCIL JUNE 8, 1992 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that an Urban Renewal By- Law, with respect to a parcel of land with an area of approximately 1116 square feet and a width of approximately 12 feet, having NBGIC Number 55085724 located on Chesley Drive, be read a second time. Question being taken, the motion was carried. Read a second time an Urban Renewal By-Law. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above letter from the Planning Advisory Committee 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, a parcel of land located at 9 Simpson Drive (NBGIC Number 299297), from Low Density Residential to Light Industrial classification, to permit the re-zoning of the property to an "1-1" Light Industrial zone and the continued use of the property as a storage yard for construction materials, and to permit the existing dwelling to be converted to an office, as requested by Mr. Daryl McLennan. Public presentation was made of 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 4.1 acres located at 1288 Grandview Avenue (NBGIC Numbers 338525 and 55082622), from Low Density Residential to District Centre Commercial classification, to permit an existing building to be used as a repair garage, as requested by Mr. David John McCormick. The Common Clerk advised that the necessary advertising was completed with regard to a proposed resolution ordering that the fee simple in the so- called "service lane" or "fire lane", described as follows, vest in the City of Saint John subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners:- that portion of a 15-foot wide "fire lane" dividing block 3 as shown on a plan entitled "Plan of Part of Glen Falls owned by Cold brook Realty & Development Co. Ltd." drawn February 9, 1915 and filed in the Saint John County Registry Office on March 9, 1915 in drawer 1 as No.2 lying south west of the western sideline of Holland Street and northeast of that portion of the said lane conveyed by a grant from Her Majesty the Queen (New Brunswick) to Mary Veronica Ryan dated May 31, 1961 and recorded in the said Registry Office on June 15, 1961 in book 382 at page 525 as no. 184134, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed resolution. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the so-called "service lane" or "fire lane", described as follows, vest in the City of Saint John subject to any easements to the same expressly granted or to otherwise acquired by adjoining lot owners:- that portion of a 15-foot wide "fire lane" dividing block 3 as shown on a plan entitled "Plan of Part of Glen Falls owned by Cold brook Realty & Development Co. Ltd." drawn February 9, 1915 and filed in the Saint John County Registry Office on March 9, 1915 in drawer 1 as No.2 lying south west of the western sideline of Holland Street and northeast of that portion of the said lane conveyed by a grant from Her Majesty the Queen (New Brunswick) to Mary Veronica Ryan dated May 31, 1961 and recorded in the said Registry Office on June 15, 1961 in book 382 at page 525 as no. 184134. 83-574 COMMON COUNCIL JUNE 8, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Metalfab Ltd., in the amount of $236,600, plus taxes, be accepted for a Fire Department pumper. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Floor Fashions Ltd., in the amount of $31,252.99, including taxes, be accepted for flooring at the Charles Gorman and Lancaster Centennial Arenas. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of LeRoy's Heating Service Ltd., in the amount of $13,990, be accepted for the removal of the old boiler and the connecting of the tower to the system installed in 1990 in the City Market. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that seven tenders were received for painting three arenas, and that staff of the Purchasing and Property Management Departments are recommending acceptance of the third lowest tender as William & Sons Painting Contractors Ltd., the lowest tenderer, has advised that an error was made in its tender and is requesting permission to withdraw, and the second lowest bidder, Arnold Miller-Painting has not indicated that it has any experience in the type of work necessary to carry out the contract; and recommending that the request of William & Sons Painting Contractors Ltd. to withdraw its tender be granted without penalty, and that the tender of Coastal Management Ltd., in the amount of $19,545, including taxes, be accepted. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the request of William & Sons Painting Contractors Ltd. to withdraw its tender for exterior painting - community arenas be granted without penalty, and that the tender of Coastal Management Ltd., in the amount of $19,545, including taxes, be accepted. Question being taken, the motion was carried. Read a report from the City Manager advising that, during the past two years, with more users being added to perform word processing functions and a substantial increase in the number of people accessing the financial information, response time on the computer system has deteriorated to almost 60 seconds, and that the number of active users has increased to about 125 or by 67%, while response time has been increased to 1100%; also advising that the Commissioner of Finance, the Manager of Data Processing and the Purchasing Agent have had a number of meetings on this matter and are satisfied that the following solution will meet the City's Data Processing needs and the needs of the user departments: Dymaxion (through Digital) will loan the City a VAX Model 6410 CPU which will solve the short-term response problems and provide time for the City's Data Processing staff to become familiar with the Model 4300 and make the necessary changes to the systems to 83-575 COMMON COUNCIL JUNE 8, 1992 transfer tasks from the existing CPU to the Model 4300 and, coincidental to this loan of product, the City will enter into a rental agreement with Dymaxion for the Model 4300 at a cost of $12,000 for the balance of 1992 and, in January 1993, following approval of the 1993 Capital Budget, the City will purchase the VAX Model 4300 CPU at a cost of $316,614, plus tax; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Council authorize the acquisition of a VAX Model 4300 CPU on a rental basis for the balance of 1992 at a cost of $12,000, and by purchase in January 1993 at a cost of $316,614, plus tax. Question being taken, the motion was carried. Consideration was given to a report from the City Manager explaining that, with regard to the May 19 tabling of various requests for a waiver of the fee for use of the Lily Lake Pavilion, in light of the policy as indicated in the submitted report, staff put forth recommendations which would see these requests denied on the basis that there is some question as to whether providing financial support to the Sea Belles Ladies Barbershop Chorus, The Rippin' Regionals Relay Team, and Belfast Children's Vacation - Saint John Inc. could be viewed as in the public good to the community at large; and that, with respect to the United Way, a different situation arises as there is, perhaps, no other organization which touches on so many in the community as, through its member agencies, it reaches out and provides services to many individuals in all aspects of community life; and submitting a recommendation in this regard. Consideration was also given to a letter from the Sea Belles Ladies Barbershop Chorus advising that it is still waiting for a decision from Common Council on its May 4 request for the Lily Lake Pavilion rental fee to be waived. Councillor Knibb proposed a motion, which was not seconded, that the above recommendation of the City Manager be adopted. Councillor M. Vincent proposed a motion, which was seconded by Councillor Chase, that the above three groups, as well as the United Way, be granted the use of the Pavilion at no charge. The Mayor expressed concern that, as The Rippin' Regionals Relay Team is one of approximately 100 teams involved in the Labatt's Lite 24-Hour Relay, granting its request could set a precedent whereby Council would be in a position of having to act accordingly with respect to other teams involved in the Relay. Councillor Coughlan suggested that Council should be made aware, when considering grants to non-profit fund-raising groups, whether or not such groups are in a deficit position for the function concerned, and made the observation that groups currently make requests prior to the event being held, rather than after when the financial position is known. Councillor Knibb expressed opposition to the proposed motion on the basis that, if a group has a special need for money, it should come before Council and express that need, rather than try to obtain free use of a building just because the City owns it. Councillor Chase suggested that a limit could be placed on the number of occasions in a year during which the Lily Lake Pavilion would be used at no fee payable by recognized groups raising money for a recognized cause in the City, which could, in some way, go towards ameliorating the situation some of the groups find themselves in, as well as perhaps allow Council not to be having to face groups asking for grants quite so often. With regard to Councillor M. Vincent's observation that the April 29 report submitted with the above report from the City Manager does not include a staff recommendation on The Rippin' Regionals Relay Team's request for a $650 grant, the Mayor, in noting that team members are financially pledged for participation in the Relay, suggested that this matter should be tabled once more for additional information on the requests concerned. Deputy Mayor McAlary noted that the Relay teams gather much corporate sponsorship, while the United Way, the Sea Belles and the Belfast Children's Vacation groups are more limited in their fund-raising ability. At the suggestion of Councillor Coughlan that Council should consider the above requests on an individual basis, the mover and seconder withdrew the proposed motion. 83-576 COMMON COUNCIL JUNE 8, 1992 On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Janet N. Holt, C.U.P.E. Local 61, 1992 United Way Campaign Chair, be advised that the Pavilion will be made available on September 19 for the Unions within the City, following a Labour Parade, to hold a Children's Party and dance. Councillor A Vincent suggested that a grant in-lieu-of the facility rental fee should be granted, and Mr. Robichaud confirmed that the intent of the recommendation to Council is for a grant-in-lieu of the rental. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that a grant in-lieu-of the rental fee of the Lily Lake Pavilion be approved for Belfast Children's Vacation - Saint John Inc. Councillor Trites referred to Deputy Mayor McAlary's observation that the Sea Belles Ladies Barbershop Chorus are raising funds to compete in an international event and The Rippin' Regional Relay Team, on the other hand, is a corporate- sponsored group on the basis that he could take the position that the Team is raising money to remain in Saint John for the benefit of the Regional Hospital and its programs and the Sea Belles group is taking a trip to the United States which is a good promotional activity for the City; and suggested that this matter should be tabled until the next meeting for further discussion. On motion of Councillor Trites Seconded by Councillor A Vincent RESOLVED that the above matter be laid on the table until the next meeting for further discussion and additional information on each individual group. Question being taken, the tabling motion was carried. The Mayor clarified that additional information required would be relative to the success of the event held at the Pavilion by Belfast Children's Vacation - Saint John Inc. to determine if a grant is required, on how the Sea Belles group raises its funds and the amount of the budget required, and on the Relay team in that Council has not before received requests from Relay teams. (Councillors Chase, Gould, McAlary and Trites withdrew from the meeting as they were not present for the January 6 public hearing of the proposed Municipal Plan amendment and re-zoning of 101 Kennedy Street.) Consideration was given to a report from the City Manager regarding the application of Mr. Ralph Carpenter for a Municipal Plan amendment and re-zoning of property at 101 Kennedy Street, which was given first and second readings at the January 6 public hearing, with third reading not given in anticipation that the land exchange and details of the development could be finalized in a Section 39 agreement; advising that, although this has not occurred, third readings must be given prior to June 10, otherwise the provisions of the Community Planning Act require that the total process begin again; explaining that, while the recommendation in the submitted Planning Advisory Committee report suggests that a Section 39 agreement be finalized, it was not possible to prepare the agreement as recommended without finalizing the land exchange; proposing an alternative recommendation to that indicated in the submitted report which would facilitate the potential development of the site while still addressing community and municipal concerns; and submitting a recommendation in this regard. 83-577 COMMON COUNCIL JUNE 8, 1992 The Mayor noted that, due to a lack of a quorum, Council is unable to deal with the above matter, and suggested that, as the six-month deadline is not up until June 10, it might be possible for Council to arrange for an emergency meeting as soon as there is a quorum. (Councillors Chase, Gould, McAlary and Trites re-entered the meeting.) Mr. Rodgers confirmed that, as proposed by Councillor A Vincent, a motion is now in order to set up a special meeting of Council to consider the above matter. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that a special meeting of Council be arranged to consider third reading of a proposed Municipal Plan amendment and re-zoning of 101 Kennedy Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C-115-1 A By-Law To Amend The City Market By-Law", with respect to opening on Sunday, June 14, 1992, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-1 A By-Law To Amend The City Market By-Law", was read in its entirety. Question being taken, the motion was carried with Councillor A Vincent voting "nay". 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 May 19, 1992, when there were present Mayor Wayne and Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the Saint John Board of Trade be informed that Common Council agrees to designate the Saint John Board of Trade as the official organization to study the feasibility of privatizing the Saint John Airport under the following conditions:- (1) the Saint John Board of Trade, upon completion of the Base Case Study, submit the Study to Saint John Common Council for consideration, and approval if Council so wishes, and it is agreed by the Saint John Board of Trade that Common Council should have the right to decide whether to continue with the designation of the Board of Trade as the official organization to represent the City of Saint John to continue the process toward privatization of the Saint John Airport, in the event that the Base Case Study concludes such an approach should be followed, and this is acceptable to Common Council; (2) a representative from the City of Saint John, chosen by Common Council, sit on the Sub-Committee of the Board of Trade; and (3) notwithstanding the City's designation, the City of Saint John will not be obligated to contribute or accept responsibility for any costs which may have to be incurred as a result of the Board of Trade's initiatives in this regard. 83-578 COMMON COUNCIL JUNE 8, 1992 June 8, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. The Mayor noted that the Board of Trade, following the completion of the Base Case Study, must come back to Council at which time Council would make a final decision on whether or not to proceed in this direction; therefore, the above motion would give the Board of Trade the authority to do the Study, while Council still has the authority in the end to make the final decision. Councillor M. Vincent advised that he would be more comfortable with the proposed motion if condition (1) reflected the Mayor's comments in that it states that the Board of Trade, upon completion of the Base Case Study, submit the Study to Saint John Common Council for consideration and approval if Council so wishes. Mr. MacKinnon clarified that condition (1) should read "for consideration, and approval if Council so wishes" in that the Study will be submitted to Council and will be approved if Council so wishes; and Mr. Rodgers confirmed that the discretion on the "wishes" is related to the approval. The Mayor asked that a comma be placed after the word "consideration" and that the minutes reflect the explanation that it is mandatory that the Board of Trade come back to Council and that Council has the final decision on this matter. During discussion Mr. Rodgers advised that, while he has not examined Federal regulations on this matter, he is satisfied that, if Council adopts the above resolution and the Board of Trade is aware of a regulation whereby it is not necessary for it to come back to Council, Council is not officially designating the Board to proceed in that, if there is something preventing the Board of Trade from meeting the conditions attached, Council is not officially designating the Board as the official organization to proceed, and the Board should establish that before it starts; and the Mayor clarified that the City has deviated from the legislation or the terms of reference for the Study as was sent from the Federal Government in Ottawa to the Board of Trade and that, if such deviation prevents the Board of Trade from proceeding, the Board cannot proceed; therefore, the Board can only proceed in accordance with the above motion. Question being taken, the motion was carried. Notice had been given to Harvey A Doucette and Theresa M. Doucette, and The Royal Bank of Canada, to appear at this meeting of the Common Council to show cause, if any, why the building located at 178 Victoria Street (NBGIC Number 376582), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Consideration was given to a report from the Building Inspector advising that a notice to appear before this meeting of Common Council was published, posted on the building and sent by registered mail to the Owner in Westfield, N.B., and also sent to the Mortgagee, the Royal Bank of Canada; stating that this is a three-storey wood frame building which is deteriorated, dilapidated, dangerous and open to the public; also advising that the Police Department expressed concerns about this property as indicated in the submitted copy of a letter; and recommending that Common Council pass the submitted resolution by virtue of the Saint John Building Act of 1925. No person was present to speak in opposition to or in favour of the proposed demolition. Mr. Johnson, referring to the previously-submitted photographs of the above building, advised that it is the intent to continue to include photographs of buildings for consideration under the 1925 Act in the report submitted to Council prior to the meeting concerned, rather than circulate photographs at the Council meeting; and advised that the subject three-storey building has been badly vandalized and, in his 83-579 COMMON COUNCIL JUNE 8, 1992 opinion, is beyond economic repair. Mr. Johnson recommended that Council order the building to be demolished. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that notice having been given to Harvey A and Theresa M. Doucette, Owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 178 Victoria Street (NBGIC Number 376582) in the City of Saint John, requesting that the said owners 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 178 Victoria Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Harvey A and Theresa M. Doucette, Owners, are hereby required to remove or destroy the said building situate at civic number 178 Victoria 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 Harvey A and Theresa M. Doucette, Owners, to remove or destroy the said building situate at 178 Victoria Street in the City of Saint John, in compliance with the request of such notice, the Building Inspector cause such work to be done and the cost thereof recovered from the said Harvey A and Theresa M. Doucette, Owners. In response to Council queries, Mr. Johnson advised that the owners do not appear to be prepared to repair the above building and, as it sits, the building is dangerous; explained the procedure with respect to lack of compliance by the owners to the above resolution; and also advised that the building was basically a minimum standards problem in 1989 and until early this year when it was vandalized and perhaps the tenants moved out. Question being taken, the motion was carried. The Mayor called for a motion to withdraw from the agenda of this meeting the June 1 Committee of the Whole recommendation regarding Whale Of A Cafe, City Market. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above-mentioned item be withdrawn from the agenda of this meeting. 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 June 1, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, MacKnight Motors Ltd. be advised that the City is not interested in the acquisition of its Rothesay Avenue property at the present time. 83-580 COMMON COUNCIL JUNE 8, 1992 2. That as recommended by the City Manager, the submitted policy dated October 9, 1984 be amended to change the time frame to respond to requests from the public to four (4) weeks, with letters received to be acknowledged upon receipt and the authors advised that staff is preparing answers to their requests for Council so as to be kept informed of the action taken by the City. June 8, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent 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 Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the sum of $2,070 be accepted as money-in-lieu of land for public purposes with respect to proposed Lots 92-1, 92-2 and 92-3, 957 Hillcrest Road. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the Saint John Parking Commission, pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By-Law Enforcement Officers with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely:- Robert Eric Floyd and Lyle E. Clifton: AND FURTHER that these appointments shall continue until such time as the appointees cease to be members of the Canadian Corps of Commissionaires or until the appointments are rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from William & Sons Painting Contractors Ltd. requesting that, due to a calculation error in estimating the price on tender #92-0812B-T, exterior painting - community arenas, permission be granted to withdraw from this tender -- be received and filed and the request be granted. Question being taken, the motion was carried. 83-581 COMMON COUNCIL JUNE 8, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Judy MacDonald for the re-zoning of 710-712 Chapel Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 20, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter to Mayor Wayne from Mayor David Hamilton of the City of Thunder Bay, Ontario, submitting information from the Thunder Bay Executives Association showing how Thunder Bay's program for "Show Your Pride - Fly The Flag" Challenge was organized, which is a drive to have all residents of Thunder Bay display their pride of living in Canada by flying, or otherwise displaying, the Canadian flag on this coming Canada Day, July 1; and asking the City of Saint John to join in initiating this celebration -- be received and the City of Saint John accept the Challenge and refer the matter to the Public Relations Department. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Gregory G. Zed of the Village of Renforth advising that a motion was adopted at the Village's regular meeting on June 2 that a letter be sent to the Mayor and Council of the City of Saint John expressing concern about the fall-out from the Brookville Manufacturing Co. lime quarry -- be referred to the City Manager and the Commissioner of Environment and Infrastructure Services for review and a report to Council. Mr. MacKinnon advised that the Minister of the Environment has provided an order to the Company with regard to doing a number of initiatives that would correct the problem. Councillor Knibb noted that Council considered at the last meeting a letter from Councillor Landers in the above regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Port Corporation advising that, earlier this year, there were a number of concerns expressed by local fishermen concerning purported banning of fishermen from the Port; commenting on the facts surrounding these matters in order that Council may be fully apprised of the situation and its current status; and submitting copies of correspondence from the Harbour Master to Fishing Vessel Owners/Masters and a Notice to Fishermen in this regard -- be received and filed and Council request to be kept updated in this regard. Question being taken, the motion was carried. The Mayor asked that the Nominating Committee report (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. 83-582 COMMON COUNCIL JUNE 8, 1992 On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the above-mentioned report be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor A Vincent RESOLVED that Council approve the following appointments as recommended by the Nominating Committee:- Deputv Mavor McAlarv to the Harbour Development Commission, the Labour- Management Committee (Local No. 18, C.U.P.E.), The Market Square Corporation; and the Appeals Committee - Water and Sewerage Rates; Councillor Chase to the Council Finance Committee, the Appeals Committee - Water and Sewerage Rates (Chairman), and the Environment Committee; Councillor CouQhlan to the Council Finance Committee, the Labour-Management Committee (Local Union No. 771, I.AF.F.), and the Rockwood Park Advisory Board; Councillor Gould to the Council Finance Committee; Fundy SWAT; and Saint John Industrial Parks Ltd.; Councillor Knibb to the Board of Trustees of the City of Saint John Pension Plan, the Saint John Aquatic Centre Commission, and as the City's representative to the Imperial Centre for the Performing Arts (formerly Bi-Capital Project Inc.); Councillor Landers to the Saint John Ability Advisory Committee, the Recreation and Parks Advisory Board, and the Council Finance Committee; Councillor ROQers to the Board of Trustees of the City of Saint John Pension Plan, Hospitality Saint John Inc., and the Preservation Review Board; Councillor Trites to Saint John Industrial Parks Ltd., Saint John Non-Profit Housing Inc.; and the Labour-Management Committee (Local No. 18, C.U.P.E.); Councillor A Vincent to Saint John Industrial Parks Ltd., the Master Plumbers Examining Board (Chairman), and the Council Finance Committee; Councillor M. Vincent to the Appeals Committee - Water and Sewerage Rates; the Labour-Management Committee (Local Union No. 771, I.AF.F.), and the Sports Hall of Fame Committee: AND FURTHER that Deputy Mayor McAlary be appointed to replace Councillor Davis (ex officio member of The Market Square Corporation) and Councillor M. Vincent be appointed to replace Councillor Coughlan as the member of Common Council on the committee established by Council resolution of September 16, 1991 to facilitate the essential liaison and decision making on matters not requiring Council approval with respect to the Saint John Regional Exhibition Centre. Councillor Coughlan suggested that the City should publish the list of Council appointments in the City's advertisement section of the local newspaper. Question being taken, the motion was carried. Notice had been given to Theodore and Kathleen Foster to appear before this meeting of the Common Council to show cause, if any, why the Common Council should not find the property at 56 Belleview Avenue (NBGIC Number 40766) to 83-583 COMMON COUNCIL JUNE 8, 1992 be unsightly. Consideration was given to a report from the Building Inspector advising that the above property has been the subject of a number of complaints from area residents, and the site has been inspected on a number of occasions and the owners advised in writing to clean up their property, to no avail; referring to photographs submitted to Council depicting the contents of the subject property, which is a single- family owner occupied home in a residential area; and recommending that the submitted resolution be adopted. No person was present to speak in opposition to or in favour of the proposed action. Mr. Johnson expressed the opinion that the matter before Council is an unsightly premises offence pursuant to the Municipalities Act and explained that, with the advice of the City Solicitor, the procedure is different from that of the past insomuch as there has been a court case which suggests that the City must be somewhat fairer to the owner of the property and allow the owner an opportunity to speak; therefore, the owners of the above property received notification of this hearing before Common Council. Mr. Johnson referred to the previously-submitted photographs of the subject property which, he suggested, clearly depict that the property is not grossly unsightly as many of the others seen over the years; however, it is in a persistent unsightly condition about which the Building Inspection Department has received numerous complaints; and that this is being brought to Council's attention with a recommendation that the owner be ordered to clean-up the property and that, failing that, the City be authorized to do so. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the following resolution be adopted, namely:- "WHEREAS the property at 56 Belleview Avenue (New Brunswick Geographical Information Corporation Parcel Number 40766) in the City of Saint John, New Brunswick, is in an unsightly condition because of a motor vehicle body and motor vehicle parts being upon the property: AND WHEREAS the records of the Saint John County Registry Office show the owners of this property to be Theodore Foster and Kathleen S. Foster (hereinafter called "the owners"), the said property being more particularly described in the Schedule "A" attached hereto and in the deed from William G. Snodgrass and Dorothy B. Snodgrass to the owners which is dated January 30, 1974, and was recorded on January 31, 1974 in book 716 at pages 850-853 as number 246112: BE IT RESOLVED that the owners are hereby required to remedy the said unsightly condition of their property within twenty (20) days after a notice from the Building Inspector of the City of Saint John is served upon them, either by removing the motor vehicle body and motor vehicle parts from the property or by placing them in a garage or by covering them with a tarpaulin: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve a notice upon the owners requiring them to remedy the unsightly condition within twenty (20) days after the service of the notice upon them: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John and such persons and equipment as he may require to help him are hereby authorized to enter upon the property to remove the unsightly items in the event that the owners do not comply with his notice. He shall dispose of the unsightly items in such reasonable manner as may be appropriate. In the event that he is able to sell the unsightly items, then any money received shall be applied first to any removal and disposal costs incurred by the City and any excess shall be paid to the owners.". 83-584 COMMON COUNCIL JUNE 8, 1992 Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk