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1992-08-04_Minutes 83-664 COMMON COUNCIL AUGUST 4, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of August, A.D. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; T. Totten, Commissioner of Management Services and Assistant Treasurer; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; J. Brownell, Director of Recreation; J. Baird, Manager - Development Division; D. Logan, Purchasing Agent; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Inman of Tabernacle Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that minutes of the meeting of Common Council, held on July 20, 1992, be approved. Question being taken, the motion was carried. The Mayor displayed a brochure, "Lead and Your Health", published by the New Brunswick Department of Health and Community Services, and advised that the City will be including in its advertisement in the local newspaper the eleven steps that can be taken to reduce exposure to lead; and Councillor M. Vincent expressed condolences to the family of the late Reverend Seth Crowell, former pastor of the Forest Hills Baptist Church, who passed away on July 29. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the following items, which were considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting: (1) the City Manager's recommendation with respect to the sale of the lessor's interest in 69 St. James Street West; (2) a recommendation of The Market Square Corporation for the award of the tender for work on the City Market link and Germain Street reconstruction; and (3) the City Manager's recommendation for the acquisition of 279 Main Street North. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the City Manager's recommendation (which was considered in Committee of the Whole earlier this date), concerning a proposed canopy connection of North Market Centre to the City Market, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Rogers extended a message of sympathy to the family of the late Mr. Kenneth B. Murdock who passed away on July 29; and the Mayor noted the 83-665 COMMON COUNCIL AUGUST 4, 1992 anticipated arrival of the Queen Elizabeth 2 cruise ship in the Port of Saint John on August 5. The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification; and (b) re-zoning the same property from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the re-use of the existing building as a combination of restaurant, convention facility, inn, or offices, as requested by Mr. Rod Crowther / RE/MAX Professionals (1989) Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and three letters considered at the Committee's July 28 meeting at which the applicant was present and expressed agreement with the recommendation and advised that a more specific proposal for a restaurant, inn and/or offices would be available within the next few months, and Mr. Lloyd Betts, Chairman of the South Central Citizens Council, and a number of area residents were also in attendance and Mr. Betts advised that the residents support the application on condition that the use is restricted to a restaurant, inn, general business offices and/or medical offices and recommended that, if the building is to contain a restaurant, the serving of alcoholic beverages not occur after 11 :00 p.m.; 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 property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club; (2) the same property be re-zoned from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act; and (3) third reading and enactment of the proposed amendments not be given until there is further clarification of the proposal and specific conditions can be recommended. Mr. Lloyd Betts of 156 Princess Street, Chairman of the South Central Citizens Council, appeared in support of the proposed amendments; noted the importance of the subject building to the residents of the area, as well as the importance of the building not being left standing empty and of utilizing the property in a manner compatible with the area; and advised that the residents have no objection to the applicant's proposal and, in fact, are very much in favour of it. During discussion Mr. Betts responded to queries of Deputy Mayor McAlary related to the possibility of a lounge in conjunction with a restaurant and the suggestion that an 11 p.m. restriction should be placed on the serving of alcoholic beverages; and Mr. Bedford, in reply to Councillor M. Vincent, commented on possible uses of the property, if re-zoned, noting that the applicant's request for a convention facility has been withdrawn, and that parking provision will be dealt with as part of the Section 39 conditions. On motion of Councillor Knibb Seconded by Councillor McAlary 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 property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, 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". 83-666 COMMON COUNCIL AUGUST 4, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, 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 property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 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 McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the proposed amendments, with regard to the property at 134 Sydney Street, not be given until there is further clarification of the proposal, and specific conditions can be recommended. 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 M. Vincent RESOLVED that the above report from the Planning Advisory Committee regarding the 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 a proposed Zoning By-Law text amendment to amend (1) Section 20 by: (a) adding the following definition of "beverage room": "'beverage room' means premises licensed as a beverage room under the Liquor Control Act"; (b) deleting the definition of "cabaret"; (c) adding the following definition of "club": "'club' means premises licensed as a club under the Liquor Control Act"; (d) adding the 83-667 COMMON COUNCIL AUGUST 4, 1992 following definition of "Liquor Control Act": '''Liquor Control Act' means the Liquor Control Act, Revised Statutes of New Brunswick 1973, Chapter L-10 as amended and regulations thereunder"; (e) adding the following definition of "lounge": '''lounge' means premises licensed as a lounge under the Liquor Control Act"; and (f) deleting the definition of "tavern"; (2) deleting all existing references to the term "tavern or cabaret" in the Zoning By-Law and replacing them with the term "beverage room, club or lounge"; (3) amending Section 550, ShoppinQ Centres (SC), by adding new subsections 550(2)(a)(v) and (vi) to read: "(v) notwithstanding (i) and (ii) above, a beverage room, club or lounge may be located in McAllister Place (NBGIC Numbers 285932,438051 and 426650) at 515-519 Westmorland Road. (vi) notwithstanding (i) and (ii) above, a beverage room, club or lounge may be located in Parkway Mall (NBGIC Number 304783) at 212-250 McAllister Drive."; (4) amending Section 620, LiQht Industrial (1-1), by adding a new subsection 620(2)(c)(iv) to read: "(iv) notwithstanding (i) or (d), a beverage room, club or lounge may be located in the Park Plaza Motel (NBGIC Numbers 301937,55020853, 55020861 and 55020846) at 607-609 Rothesay Avenue."; and (5) amending Section 730, Park (P), by adding the following conditional use to subsection 730(1)(b): "- as a secondary use to a restaurant, a beverage room, club or lounge", to change the terms and definitions used in the Zoning By-Law so that they correspond with the terms and definitions contained in the Liquor Control Act, and to permit the continuing existence of licensed lounges located at McAllister Place, Parkway Mall, the Park Plaza Motel and the Reversing Falls Restaurant, 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 amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 28 meeting at which no persons attended and no letters were received; and recommending that the above proposed amendments be made to the Zoning By-Law. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) amending Section 20 by adding the definitions of "beverage room", "club", "Liquor Control Act" and "Lounge" and deleting the definitions of "cabaret" and "tavern"; (2) deleting all existing references to the term "tavern or cabaret" in the Zoning By-Law and replacing them with the term "beverage room, club or lounge"; (3) amending Section 550, ShoppinQ Centres (SC), by adding new subsections 550(2)(a)(v) and (vi) with respect to McAllister Place and Parkway Mall; (4) amending Section 620, LiQht Industrial (1-1), by adding a new subsection 620(2)(c)(iv) with respect to the Park Plaza Motel; and (5) amending Section 730, Park .u:l, by adding a conditional use to subsection 730(1)(b), 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 (1) amending Section 20 by adding the definitions of "beverage room", "club", "Liquor Control Act" and "Lounge" and deleting the definitions of "cabaret" and "tavern"; (2) deleting all existing references to the term "tavern or cabaret" in the Zoning By-Law and replacing them with the term "beverage room, club or lounge"; (3) amending Section 550, ShoppinQ Centres (SC), by adding new subsections 550(2)(a)(v) and (vi) with respect to McAllister Place and Parkway Mall; (4) amending Section 620, LiQht Industrial (1-1), by adding a new subsection 620(2)(c)(iv) with respect to the Park Plaza Motel; and (5) amending Section 730, Park .u:l, by adding a conditional use to subsection 730(1)(b), be read a second time. 83-668 COMMON COUNCIL AUGUST 4, 1992 Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report 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 amend subsection 810(5)(a) to read as follows: "Self service of gasoline and other motive fuels dispensing may be permitted for the general public only when full service dispensing is provided at the same retail site during all hours of operation.", to permit self-service dispensing of gasoline and other fuels in the City of Saint John, when such facilities are operated in conjunction with full-service dispensing, as requested by Imperial Oil, and that a letter in opposition to the proposed amendment was received from Garry Prosser and Edward Doyle. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its July 28 meeting at which the applicant spoke in favour of the application, and Messrs. Garry Prosser and Robert Lynch, Red Head area residents, voiced objections with regard to safety and employment; and recommending that Section 810(5)(a) of the City of Saint John Zoning By-Law be amended to read as follows: "Self-service of gasoline and other motive fuels dispensing may be permitted for the general public only when full service dispensing is provided at the same retail site during all hours of operation.". Mr. William Cook appeared in opposition to the proposed amendment on behalf of the Retail Gasoline Dealers' Association of New Brunswick and, having noted a possible conflict because of his Esso dealership and the applicant being Imperial Oil, advised that a majority of the dealers he surveyed are not in favour of the notion of partial self-serve or self-serve gasoline dispensing; and explained that the concern is with respect to the possible lay-off of employees and fire hazard that could be created, the latter related to the fact that pump island attendants have the benefit of a training program which members of the general public do not have. Mr. Cook, in response to Councillor Coughlan, explained that the majority of the approximate 35 per cent of those surveyed who are in favour of the proposed amendment are convenience stores in that the same person who takes the cash for store items could also take the cash for gasoline thereby providing more profit to the business; however, those who are not in the convenience store business have a pump island attendant not only to sell the gasoline but also to bring work into the service bays, keep their establishment clean and do other various jobs and while they could not afford to let the attendant go, neither could they probably afford to keep the attendant; and, with respect to the number of possible lay-offs that could result from the proposal, Mr. Cook estimated that, in a large company-operated station of five or six individuals working a shift, possibly a cut and a half, or three persons could be let go per shift in the busy hours. Deputy Mayor McAlary questioned the possibility of additional employment being required in the event that longer operating hours might result, as well as whether or not there has been objection expressed by retailers in other cities to self-service gasoline dispensing in their cities, the latter to which Mr. Cook replied that, based on his understanding from talking to several dealers, any operation which is completely self-serve is usually fairly happy with it because it usually involves a convenience store which would mean employment of only one person; however, self-serve for a garage or service does not work out that well because of the lack of getting to meet the customer; nor does there seem to be that much difference in the cost of gasoline at the pumps, whether it be self-serve or full-serve. Replying to Councillor Landers, Mr. Cook advised that the By-Law amendment, if enacted, would 83-669 COMMON COUNCIL AUGUST 4, 1992 probably affect only one or two of the four Esso stations in the City, and that he is currently in the process of replacing his tanks and pumps at his Millidgeville station, through the help of Esso, and will probably wire for self-serve in the event that it is put in place. Councillor M. Vincent asked if the introduction of split-service gasoline dispensing would result in a decrease in employment at service or gas refilling stations, to which Mr. Cook replied that, while a decrease in employment would not occur at all such stations, particularly in the case of Imperial Oil where there is not many staff at its locations, the Garden Street Irving Station, for example, which has a large staff, could possibly do with less staff than it currently has if self-serve dispensing is approved. With regard to possible monetary savings to the customer through split-service or self- service operations compared to the conventional full-service outlet, as questioned by Councillor M. Vincent, Mr. Cook advised that possibly a saving of 50 cents on a 50-litre fill-up would result. Councillor Trites asked the number of retail gasoline establishments in the City limits, to which Mr. Cook replied that there is approximately 50, of which about 3 would be owned and approximately 25 would be leased, the latter number which would be members of the Association represented by Mr. Cook, and the other 25 would be company-run; and that approximately 65 to 75 per cent of the 25 retailers in Saint John would belong to the Retail Gasoline Dealers' Association, which would represent 17 or 18 members of the approximate 400 Provincial members, and explained that many of the retail outlets have one and two gas pumps, so therefore, their main interest is not gasoline and, if not interested in gasoline, they are not interested in the Association. Councillor Trites asked about accidents which have taken place in the Province related to self-serve which have resulted in a major catastrophe to which Mr. Cook referred to an incident on City Road in Saint John some years ago which was not considered to be a problem of gasoline, and to several cases where impatient customers have driven away from the pump with the gasoline nozzle still in the vehicle's gasoline tank. Mr. Cook responded to Councillor Rogers' queries with respect to the age group of persons who would perform the function of gasoline dispensing and the average wage and hours of work; and advised that it would cost him more to operate a combination of full and self-serve that it does his full-serve station because he would be selling his gasoline at a lower price and would still require his one employee per shift. Mr. Garry Prosser of Red Head appeared in opposition to the proposed amendment on the basis of a check of 24 service stations between Saint John and Moncton, including 4 stations in downtown Moncton, 12 of which had split-service and, of the 12, 9 stations offered one half a cent a litre, 1 station offered eight-tenths of a cent litre, and 2 stations offered 1 cent per litre saving, indicating that an amount of between 35 and 50 cents is all that would be saved on a tank of gas; and that, having spoken with 3 managers or owners of service stations in the Moncton area who have been on split-service for a number of years, 2 are not in favour of split-service and would prefer that it be completely one way or the other, and the third could not compare as he has been in service for only a short time, although he indicated that he liked split- service because it brought more business in to the convenience store; however, all 3 managers agreed that it would mean lay-offs; and noted his above-referenced letter of opposition. Mr. Edward Doyle of Seaward Crescent in Red Head, appeared in opposition to the proposed amendment from the point of view of a customer who likes to be pampered and likes the service, and to whom there is no advantage of self-serve dispensing of gasoline; asked who is going to police the situation to ensure that split- service is being offered in the future; and suggested that the loss of jobs is evident. Mr. Carl Brown, Development Manager - Atlantic Automotive, Imperial Oil, Products Division, appeared in support of the above application; noted the presence at the meeting of Mrs. Kathy Haley, Divisional Manager - Atlantic, and Mr. David Ketch, Sales Supervisor for the Saint John Area; and advised that Imperial Oil has chosen to request split-service dispensing of gasoline in that it believes that its customers are entitled to an opportunity to have either/or; and that, based on interviews of some 300 people, through a survey at one of Imperial Oil's locations, 59 per cent of them said they would like to have the choice. Mr. Brown concurred that the monetary saving to the customer would be between .5 to 2 cents a litre between self and full- service, depending on the market, as well as the time and the place; however, people do utilize self-serve for a variety of reasons, one of which is that people have vehicles that they do not wish to have others touch; and, for those persons who enjoy being 83-670 COMMON COUNCIL AUGUST 4, 1992 pampered, this is the reason for requesting split-service, so that the full-serve customer can be pampered. Mr. Brown commented on proposed renovations at the stations on Church Avenue and Manawagonish Road and on Rothesay Avenue in Saint John and; with respect to the concern of service in the bays disappearing, confirmed that it is the applicant's intention to maintain the bays it has in the stations and, in fact, the plan is to add a bay at Church Avenue and Manawagonish Road with the addition of a one-bay car wash, where it currently has the Orangemen's Lodge. Mr. Brown also advised that the applicant's objective is to ensure that its relationships with its dealers are profitable and stable in that, if they are profitable, the Company is profitable; and that it is Imperial Oil's goal to assist them in the conversion to split-service, in that contributing to their sites, with improved productivity both at the pump islands and in the convenience store, will ensure that they remain profitable into the future; and expressed a willingness to assist in introducing the concept of split-service, training and helping the customer, and in terms of equipment needs. With respect to the above query as to policing of the stations in the future, Mr. Brown stated that Imperial Oil, as a Company, is not in the habit of breaking the law and, if the law says it must be split, meaning full and self at the same time, then it will be; and, with respect to employment, made the observation that the concept of split-service makes it absolutely essential to have two people present, one at the full-serve island and one at the convenience store and managing the self-serve island and, for that reason, Imperial Oil assures that it will have two people present and that, currently, at the outlets in question, there are just two people present; and that, as from time to time there may currently be a third person required, between 4:00 and 6:00 when it is hectic, if, into the future, the full-serve island presents that sort of demand, there will be a second person at the full-serve island during those busy periods. Mr. Brown suggested that, with regard to the possibility of increasing employment, contributing to the productivity of an outlet and increasing the sales of a convenience store could provide the opportunity of additional hours and, in fact, employment for two additional persons during those hours. With respect to safety, Mr. Brown commented on the time and effort expended by the applicant in ensuring that safety is adhered to through the availability of VCRs with televisions, the provision of training tapes to all attendants, signage indicating no smoking and turn off ignition, intercoms to allow console operators to speak directly to the customer, absorbent materials for possible spillage, fire extinguishers, emergency telephone lists and safety procedures, splash-guard covers on the nozzles to prevent spillage on customers' clothing or the ground, automatic shut-off mechanisms on the nozzle for when the tank is full, and a handle design so that the nozzle cannot be propped open to allow the customer to leave it unattended. Mr. Brown further advised that there is no obligation on the part of the applicant's dealers who do not want to go into the split-serve concept and that it is the intent to change the two sites which are company owned and to leave the decision to the other two dealers which are privately-owned; and asked Council to vote favourably in this regard. Councillor Gould questioned the cost to the average dealer to convert a station to split-serve, to which Mr. Brown replied that the cost would vary from site to site in that some sites are already wired and others would have to spend a considerable sum to wire and that, as ideally a console should be in place to control the pumps, this would cost in the $7,000 to $8,000 range. Mr. Brown confirmed that Imperial Oil's two privately-owned stations in the City would be converted, while the two owned by Esso, being Downey Motors and Mr. Cook's operation, could make their own choice; however, if they make the choice, Imperial Oil would work with them. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 810(5)(a) to read as follows:- "Self-service of gasoline and other motive fuels dispensing may be permitted for the general public only when full service dispensing is provided at the same retail site during all hours of operation.", be read a first time. Councillor M. Vincent advised his intent to oppose the above motion on the basis that there is no substantial saving to the consumer and there is every opportunity for employment loss in the City. Councillor Trites, in concurring that there is little monetary saving to the customer, expressed the opinion that customers should have the choice of self- or full-serve, and that safety is not as valid a concern today as 83-671 COMMON COUNCIL AUGUST 4, 1992 it would have been six years ago. Councillor Knibb suggested that a number of persons currently go outside the City because they think that gasoline is cheaper, and noted that Saint John is one of the last remaining places where an attempt is being made to impose this restriction on private enterprise. Councillor Coughlan noted that persons will be given both a choice and a monetary saving; and Deputy Mayor McAlary indicated her support of the proposal in that employment opportunities could increase through increased hours of operation and possibly more convenience stores, and her opinion that persons should have a choice; and Councillors Rogers and A. Vincent based their opposition on the loss of employment. Question being taken, the motion was carried with Councillors Gould, Landers, Rogers, A. Vincent and M. Vincent voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 810(5)(a) to read as follows:- "Self-service of gasoline and other motive fuels dispensing may be permitted for the general public only when full service dispensing is provided at the same retail site during all hours of operation.", be read a second time. Question being taken, the motion was carried with Councillors Gould, Landers, Rogers, A. Vincent and M. Vincent voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions imposed on March 10, 1980, when the re-zoning was approved for a lot at 700 Somerset Street (NBGIC Number 55008858), to accept a revised proposal, to permit the property to be used for office and warehouse purposes, as requested by Norman W. Francis Ltd., 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 amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in support of the above application considered by the Committee at its July 28 meeting at which the applicant expressed agreement with the recommendation; and recommending that the Section 39 resolution of March 10, 1980 with respect to 700 Somerset Street be amended to read: (a) the use of the property shall be restricted to one-storey office building and warehouse; (b) the site shall be developed in accordance with a site plan to be approved by the Development Officer at the time of building permit approval which will indicate buildings, parking, site drainage, landscaping and other appropriate features; and (c) all work shown on the site plan to be completed within one year of building permit approval. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 resolution of March 10, 1980 with respect to 700 Somerset Street be amended to read: (a) the use of the property shall 83-672 COMMON COUNCIL AUGUST 4, 1992 be restricted to one-storey office building and warehouse; (b) the site shall be developed in accordance with a site plan to be approved by the Development Officer at the time of building permit approval which will indicate buildings, parking, site drainage, landscaping and other appropriate features; and (c) all work shown on the site plan to be completed within one year of building permit approval. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Mr. William Watts of 454 Tartan Street, solicitor, appeared on behalf of the New Brunswick Anti-Poverty Association to ask for Council's support in opposing any proposal to integrate the Provincial Sales Tax and the Federal Goods and Services Tax by the Provincial Government, based on the Association's concern about the Board of Trade's request that the Province harmonize the two taxes and the catastrophic effect this would have upon those who are living at or below the poverty level. Mr. Watts distributed at this time copies of, what he advised was, a revised brief from that previously forwarded to Council members in their Council kits; and, reading from the brief, suggested that the Board of Trade's submission appears to have been based on a desire to cut down on cross-border shopping, which, in his opinion, is a problem which should be dealt with at the border as a localized problem instead of widening the tax base to prejudice people living at or below the poverty line. Mr. Watts explained that, at present, the Province is recognizing the problems of those on low income by exempting certain goods and services from the Provincial sales tax, while there is G.ST on such goods and services, and that, to integrate the G.ST with the Provincial sales tax would result in the universal application of the sales tax to the same goods and services as are now taxed under the G.ST which would mean a collapse of the policy which does not tax food, clothing, footwear and even taxi fares, which are items of necessity for people in lower-income groups and which also take a very large portion of their income. Mr. Watts noted that, while the harmonization of sales tax might result in a lowering of the Provincial sales tax and effect a savings on expensive items such as cars, it would impose a Provincial tax on many necessities and on numerous items of everyday consumption that are presently exempt under the Provincial scheme of taxation; and requested that Council support the Association's position and adopt a resolution opposing any integration of the Provincial and Federal taxes which would result in the imposition of the Provincial Sales Tax on items now exempt. Councillor Landers expressed support of the Association's position and, in referencing a private meeting with the Board of Trade earlier this date, expressed the opinion that this is one area in which the Board of Trade has lost touch in that, while the business community has reason to look at revenues and avenues to garner business, the people in the City of Saint John cannot afford to be taxed any further. Councillor Knibb suggested that it makes much more sense to have a single common tax, rather than be taxed the 7 per cent G.ST on the cost of an item and then the 11 per cent Provincial Sales Tax on the cost plus the G.ST The Mayor expressed the opinion that Council needs input from the City Manager and the Economic Development Department in this regard in that it appears that, if the two taxes are harmonized, the resultant cost could be less; and Councillor Coughlan encouraged the Association's involvement with the Board of Trade, as well as the New Brunswick Chamber of Commerce and the Cities of New Brunswick Association in this regard. The Mayor thanked Mr. Watts for his presentation. Read a report from the Preservation Review Board concerning the Board's efforts to address the following objectives: (a) to recommend steps to streamline the process for certificates of appropriateness, primarily to make it more efficient for applicants; and (b) to recommend steps to minimize staff time preparing certificate reports and to more efficiently use staff time to provide additional opportunities to assist applicants to do a good job; and recommending that Council: (1) introduce an amendment to the Provincial legislation to allow for the appointment of a 83-673 COMMON COUNCIL AUGUST 4, 1992 Municipal Heritage Officer and to allow the delegation of approval of certificates to that Officer; (2) have amendments drafted to the City's Preservation Area By-Law to implement the proposed Provincial Act changes to designate a Municipal Heritage Officer and allowing the Officer to approve development that complies with specific heritage preservation standards established and approved by the Preservation Review Board; and, in order to encourage and promote better and more complete applications and thereby speed the approval process, (3) expand the present mini and major grants to provide for an incentive grant of 50% for the design component of eligible work to be made available to applicants, with the proposal being that these grants be subject to a $500 limit and no additional fees would be required in 1992. A motion was proposed by Councillor Knibb and seconded by Councillor Coughlan that above recommendations of the Preservation Review Board be adopted. Mr. Donald Gillis, Chairman, Mrs. JoAnn Claus and Mr. Ernest Wedge, members, of the Preservation Review Board, were present at the meeting, and Mr. Gillis offered to respond to any questions with respect to the above report. Mr. Rodgers asked if, in recommendation (1), the Board is asking the appropriate Provincial officials to consider amending the Provincial Act to allow for the appointment of a Municipal Heritage Officer, rather than it being a private legislation introduced by the City, in that it is the Province's initiative to do so and the City does not introduce amendments to public legislation, with any amendment affecting the entire Province not just the City of Saint John; and, with regard to recommendation (2), explained that, as the City's Preservation By-Law is passed under a Provincial statute which currently does not allow what the Board wants done, the Provincial legislation would need to be amended prior to the By-Law being amended; therefore, the Provincial officials should be asked to consider amending the Provincial legislation, and recommendation (2) should not be included in any resolution at this time. With regard to the exclusion of recommendation (2), Mr. Bedford explained that, while (2) would not occur until after the action in recommendation (1) occurs, it would be necessary to return to Council to request a By-Law amendment if Council does not adopt (2) at this meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Common Council request the Province to introduce an amendment to the Provincial legislation to allow for the appointment of a Municipal Heritage Officer and to allow the delegation of approval of certificates to that Officer: AND FURTHER that subject to the above recommendation being acceptable, amendments be drafted to the Preservation Area By-Law to implement the proposed Provincial Act changes to designate a Municipal Heritage Officer and allow the Officer to approve development that complies with specific heritage preservation standards established and approved by the Preservation Review Board. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Preservation Review Board, Council expand the present mini and major grants to provide for an incentive grant of 50% for the design component of eligible work to be made available to applicants, with the proposal being that these grants be subject to a $500 limit and no additional funds would be required in 1992. Question being taken, the motion was carried. The Mayor asked that the earlier presentation by the New Brunswick Anti-Poverty Association be referred for further information. 83-674 COMMON COUNCIL AUGUST 4, 1992 On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the presentation by the New Brunswick Anti-Poverty Association, concerning the Federal G.ST and the Provincial Sales Tax, be referred to the City Manager for discussion with the Province and a report to Council. At Councillor A. Vincent's request, the Mayor explained that the reason Council voted on the Preservation Review Board's presentation immediately thereafter is because the Board is a Council-appointed group; while the procedure for other delegations, such as the above-named Association, is that Council hear the presentation and render a decision later in the meeting. Councillor Landers asked when Council could expect a report on the above matter, to which Mr. Brown replied that the matter will be referred to Commissioner of Finance D. Wilson for a report within the month, whereupon Councillor Landers suggested that Council should be supportive of the Association's position, in principle, and forward a letter to the Province at this time, without staff input. (Councillor Trites withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Landers and Rogers voting "nay". Consideration was given to a letter from Deputy Mayor McAlary advising that the residents of Kennedy Street are most concerned about the debris, junked vehicles, etc. on the property at the end of their street, 101 Kennedy Street; expressing concern in that this area is viewed not only by the residents but by the many boat owners and visitors who use the Saint John Power Boat Club; and requesting that action be taken to clean up this area immediately. Mr. Bedford advised that, since Council's recent approval of Mr. Ralph Carpenter's proposed development of the subject site, staff has been working with Mr. Carpenter in an attempt to resolve some of the problems; and that, as a result of the complaint, staff has further reviewed the site and he would be prepared to update Council at the next meeting in terms of the areas with which the City can become directly involved, such as the debris and junked vehicles; however, some of the other issues raised are not within staff's jurisdiction. Mr. Bedford also advised that these issues will be specifically brought to Mr. Carpenter's attention this week when he meets with staff to conclude some of the negotiations with respect to the land exchange. (Councillor Trites re-entered the meeting during the above discussion.) On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the above matter be referred to the City Manager for action. Question being taken, the motion was carried. The Mayor, having noted the presence in the Council Chamber of the applicant, asked for Council's consideration at this time of the third reading of the proposed Zoning By-Law text amendment concerning subsection 510(2)(c)(iii), concerning 24 Taylor Avenue. (Councillor Chase withdrew from the meeting as he was not present for the July 20 public hearing of the above-mentioned amendment.) On motion of Councillor Knibb 83-675 COMMON COUNCIL AUGUST 4, 1992 Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-283 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding a new subsection 510(2)(c)(iii) to read: "(iii) notwithstanding subsection (ii) above, an office or parking area for a taxi business may be located at 24 Taylor Avenue (NBGIC Numbers 46276 and 412114).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-283 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that as recommended by Councillor A. Vincent, a letter of congratulations be sent to Irving Oil for its improvements in the landscaping of the property at Haymarket Square -- be received and filed. (Councillor Chase re-entered and Councillor Knibb withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the City's interest in the land at 69 St. James Street West, known as LRIS Number 367565, together with a right of access by vehicle and foot to/from Lot 1075 to that street known as Blue Rock Street, be sold to the lessee, Grace Thibodeau, for a price of $1,360. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by The Market Square Corporation, Council authorize The Market Square Corporation to enter into a contract with Beattie Construction Services for the work on the City Market Link and Germain Street reconstruction, in the amount of $1,929,316.85. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the property at 279 Main Street North be acquired from Bruce E. Polley on the following terms and conditions: (1) the purchase price to be $158,500; (2) the City will compensate Mr. Polley a total of $68,700 for business disturbance comprised of: (A) $42,700 towards the renovation of the building at the corner of Metcalf and Durham Streets, subject to adjustment for any additional work required by the Building Inspector during the building permit process, with payment to be based on acceptance of the work by the City and submission of invoices detailing expenditures made; (B) moving and hook-up costs up to $5,000 subject to submission of supporting invoices; and (C) rental and business losses of $21,000 incurred at 279 Main Street; 83-676 COMMON COUNCIL AUGUST 4, 1992 (3) the City will pay up to $22,000 in legal, appraisal and accounting fees, subject to submission of invoices; (4) closing of the transactions will take place on or before August 31, 1992; title will be free and clear of all encumbrances and the closing will be subject to normal adjustments; (5) Mr. Polley will be permitted to continue to occupy the building until October 31, 1992, or until the premises at the corner of Metcalf and Durham Streets are available for occupancy whichever occurs first and, during this period, Mr. Polley will be responsible for all costs associated with such occupancy; (6) within 48 hours of vacating the premises, Mr. Polley will be permitted to salvage such building components as approved by the Director of Housing and Property Management; and (7) Mr. Polley will release the City of any and all claims he may have with respect to the Expropriation Act. (Councillor Knibb re-entered the meeting.) Councillor Rogers expressed the opinion that recommendation (2)(A) is too-opened in that the final amount is not known, and proposed a motion, which was not seconded, to table the matter. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the proposal of Thirty-Five Charlotte Ltd. to install a canopy between North Market Centre and the City Market, subject to the preparation and execution of an agreement, in a form and substance acceptable to the Legal Department, which includes: (1) provision for the City to approve the final plans and specifications for the canopy prior to construction; (2) provision for the canopy to be constructed, maintained, cleaned and repaired at the expense of Thirty-Five Charlotte Ltd.; and (3) provision of appropriate insurance by Thirty-Five Charlotte Ltd. which protects the City from any liability which may arise from the installation of the canopy. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 91-26, Gault Road Street Reconstruction Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated July 29, 1992 Final release of holdback $352,047.80 353,899.69 Nil 340,296.02 13,603.67 889.96 $ 13,603.67 2. Contract 89-7, Concrete 83-677 COMMON COUNCIL AUGUST 4, 1992 Work 1989 - Contract II Grove Construction (1986) Inc. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated July 24, 1992 Final release of holdback. $557,671.84 537,386.61 Nil 535,586.61 1,800.00 126.00 $ 1,926.00 Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a purchase order in the amount of $267,000 be issued to The Power Commission of The City of Saint John to provide for materials and services required by the City of Saint John to install underground hydro services from Smythe Street to the Wall Street Overpass. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 92-11, crackfilling 1992, be awarded to Pavecare Industries (1989) Ltd., at the tendered price of $22,460, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 92-13, East Saint John area sewers, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $98,869, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager advising that the low tenderer, Safety Supply Canada, does not meet the specifications for the tender for gas detectors, and the second low tenderer, Provincial Measurement and Controls, also does not meet the requirements of the tender in that no bid deposit was included, and recommending award of the tender to the third low tenderer, Levitt Safety Supply Ltd. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Levitt Safety Ltd., in the amount of $39,690, be accepted for the supply of portable gas detectors. Question being taken, the motion was carried. 83-678 COMMON COUNCIL AUGUST 4, 1992 On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Paris Playground Equipment Inc., in the amount of $101,084.41, be accepted for the supply of new playground equipment. Councillor Rogers asked if any of the above equipment will accommodate disabled children, to which Mr. Butler replied that, while this will be taken into consideration by staff during the Open Space Study, none of this particular equipment is specifically designed for physically-disabled children. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of W & S General Contractors Ltd., at the prices as indicated in the submitted bid summary, be accepted for the excavation and removal of underground storage tanks and the removal and replacement of contaminated soil, at the Lancaster Arena and the Works Department Depot - North. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of R. A. Woods Construction Ltd., in the amount of $67,335, be accepted for electrical renovations at the Lancaster Arena. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Golden Torch Electrical Contractors Ltd., in the amount of $17,232, be accepted for electrical renovations at Shamrock Park. Question being taken, the motion was carried. Read a report from the City Manager advising that the low tenderer, Norman W. Francis Ltd., has requested to withdraw its tender for lighting renovations at the Westside Garage due to the omission of $5,273 estimated for light fixtures and lamps; and the next low bidder is Keith R. Beyea Electrical Contractors Ltd. with a tender price of $15,000; and submitting a recommendation in this regard. Consideration was also given to a letter from Norman W. Francis Limited requesting to withdraw its tender for lighting renovations, Westside Garage, 951 Fairville Boulevard, as the estimator forgot to add in 18 light fixtures and lamps that cost approximately $5,273 which was not included in the tender price. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Norman W. Francis Ltd. be allowed to withdraw its tender for lighting renovations at the Westside Garage as it is felt that an honest error was made, and that the tender of Keith R. Beyea Electrical Contractors Ltd., in the amount of $15,000 83-679 COMMON COUNCIL AUGUST 4, 1992 be accepted for lighting renovations at the Westside Garage: AND FURTHER that the letter from Norman W. Francis Limited with respect to the tender for lighting renovations at the Westside Garage be received and filed. 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 tender of Choice Drywall Ltd., in the amount of $26,770, be accepted for miscellaneous renovations at the Carleton Community Centre. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Choice Drywall Ltd., in the amount of $20,884, be accepted for renovations to the Police Identification Section. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the low tenderer, Kristyn A. Quinn, did not meet the tender requirements of the tender for the serving of summonses, in the area of experience related to the provision of this type of service and therefore was rejected, and the second low bid submitted by Pinkertons of Canada Ltd. does meet the necessary experience criteria; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the contract for the provision of serving summonses be awarded to Pinkertons of Canada Ltd., at the tendered unit cost of $5.25 per summons served. (Councillor M. Vincent re-entered the meeting.) Councillor A. Vincent proposed that the above matter should be tabled pending information on who would be serving summonses for the Pinkerton firm, in view of the fact that the City has experienced a problem in the past with the person awarded the tender, and in this case a tender has been submitted by a good citizen and a good police officer, Gerald Shannon. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table pending information on who would be serving the summonses. Question being taken, the tabling motion was lost with the Mayor and Councillors Chase, Coughlan, Knibb, McAlary, Trites and M. Vincent voting "nay". Question being taken, the original motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City 83-680 COMMON COUNCIL AUGUST 4, 1992 Manager advising that staff of the Engineering Department and the Parking Commission has been monitoring parking on Sydney Street between Duke Street and King Street East and concluded that better use can be made of the space available for parking; therefore, changes to the Traffic and Parking Meter By-Laws are requested for Sydney Street, between Duke and Princess Streets and between King Square South and King Street East; and recommending that the submitted proposed amendments to the By-Laws be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-laws to amend the Traffic By-Law and the Parking Meter By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to amend the Traffic By-Law and the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-laws to amend the Traffic By-Law and the Parking Meter By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-laws to amend the Traffic By-Law and the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that staff has noted the problems referred to in the letter from Marilyn I. Williams, considered at the July 20 Council meeting, and action will be taken as soon as possible to place the appropriate signs in the area of the intersection of Highfield Avenue and Stevens Road in Martinon -- be received and filed and a copy be forwarded to Marilyn I. Williams for her information. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's July 20 consideration of a letter from Douglas C. Baxter concerning the intersection of Latimore Lake Road and Eldersley Avenue, staff has reviewed the intersection in question and agree that a flashing light would be appropriate in this location, and that additional signage should also be installed to warn motorists of the approaching intersection, and also that these items can be installed and charged against the project identified in the Capital program for Transportation for 1992 entitled Signage and Signals; also advising that the approximate cost of the work is $2,500, and staff will proceed to make these changes, and that the Police Department has been made aware of the situation and will monitor the intersection -- be received and filed and a copy be forwarded to Mr. Douglas C. Baxter for his information. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the owner of the Medical Clinic located at 115 Hazen Street has requested a building permit to install a handicap ramp on the City sidewalk for access to the building by disabled persons; also advising that the Engineering Department has advised that the proposed location does not interfere with any City services in the street and, because of the wide sidewalk in the area, the ramp construction would not cause any obstruction to pedestrians or sidewalk plowing, and that the Legal Department advises 83-681 COMMON COUNCIL AUGUST 4, 1992 that the ramp is acceptable on the basis that Medical Arts Ltd.'s proposal will not impede the flow of pedestrian traffic and does not constitute an interference with the normal flow of pedestrian traffic on that street; however, Medical Arts Ltd. should be requested to indemnify the City from any claims arising in connection with the proposed ramp or its use, and should also obtain liability insurance naming the City as co-insured with respect to the construction, maintenance and use of the structure; and submitting a recommendation in this regard. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, an easement be granted for the construction, use and maintenance of the ramp as requested by Medical Arts Ltd. located at 115 Hazen Street, and that the Mayor and Common Clerk be authorized to execute the necessary documents in this regard. Question being taken, the motion was carried. The Mayor advised that the City Manager's report recommending the appointment of an Acting City Manager should indicate the date of August 6, rather than August 5. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council approve the appointment of Terry Totten, Acting City Manager, to be effective from August 6 - 7, 1992 and August 17 - 21, 1992. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, in accordance with Common Council resolution of March 9, 1992, the City of Saint John filed with the Expropriations Advisory Officer on June 10, 1992, a Notice of Intention to Expropriate a parcel of land on the western side of McAllister Drive between the southerly side of Rothesay Avenue and the northerly side of Westmorland Road, and that the Expropriations Advisory Officer has advised that no Notice of Objection has been filed with him within the time prescribed by the Expropriation Act and also that the municipality may now proceed in accordance with Section 19 of the Act; and recommending adoption of the submitted resolution, should Council wish to proceed with this expropriation, confirm the Notice of Intention and authorize for possession of the lands. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the following resolution be adopted: "WHEREAS Common Council, by resolution of March 9, 1992, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory officer on June 10, 1992; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: 83-682 COMMON COUNCIL AUGUST 4, 1992 NOW THEREFORE BE IT RESOLVED that Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation in the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E- 14, of the Revised Statutes of New Brunswick, 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner no sooner than ninety (90) days after the date of registration of the Notice of Expropriation unless an earlier date is agreed to by the occupying owner; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are now occupied by the owners: NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the ninety- first (91 st) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises.". Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor recommending that Council approve payment of the submitted invoice from Palmer, O'Connell, Leger, Roderick, Glennie, in connection with the legal research and opinion provided covering the dispute between the City and the Fish and Game Protective Association, such opinion having been discussed in Legal Session on May 19; and advising that, in compliance with the Council resolution, the necessary documents have been served on the Association for the purpose of obtaining possession and, as the Association has not vacated the building, in compliance with Common Council resolution of May 19, legal action has been commenced in this matter in the Court of Queen's Bench. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the submitted invoice of Palmer, O'Connell, Leger, Roderick, Glennie, in the amount of $6,285.51, in connection with the legal research and opinion provided covering the dispute between the City and the Fish and Game Protective Association. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, with regard to the letter to Council on May 19 from Lois Johnson concerning the operation of gravel trucks in the Ocean Westway area, a stop work order issued by the Building Inspector on May 5 to Galbraith Construction Ltd. was ignored and the City has laid an information against Galbraith in the Provincial Court of New Brunswick, with the charge being that on each day of May 8, 11, 12, 13, 14, 15 and 19, 1992, Galbraith committed an offence under Section 95(1) of the Community Planning Act of New Brunswick when it used the front portion of its property for a purpose which is not permitted under the Zoning By- Law in an RS zone, in particular, the transportation of excavated materials; also advising that the Court has set August 19, 1992 at 10 a.m. as the time when Galbraith must appear to enter a plea of either guilty or not guilty to the charge; further advising that, upon conviction, a fine for a category B offence under the Provincial Offences Procedure Act ranges from $50 to $200 and the Court could, it sees fit, impose a fine for each of the days charged; and suggesting that Council may wish to forward a copy 83-683 COMMON COUNCIL AUGUST 4, 1992 of this report to Lois Johnson at 2375 Ocean Westway. The Mayor advised that trucks have not been hauling from the subject gravel pit since May and that she has asked the City Manager to determine whether, sometime in the area of 1982, the entrance way to the subject operation was re-zoned thereby cutting off the entrance to the land, of which she questions the legality; and during discussion Mr. Rodgers made the observation that this situation is awkward because, as he understands it, the complaint went to the appropriate department which investigated the situation and, on the belief that an offence was committed, requested that charges be laid, and that the charges have been laid and are now before the court; therefore, as the matter is now before the court, this is not the place to discuss whether it is a strong or a weak case. The Mayor suggested that the matter should be tabled for a full report to Council rather than proceed as indicated, and Mr. Rodgers explained that his report is before Council because the citizen's complaint was referred to him for a report to Council so that the citizen could be informed of what is taking place; and suggested that, if there is a defence to the case, it should be raised by the person charged. The Mayor asked for a full report from the City Solicitor. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted copy of the application of Northern Marine Services Ltd., concerning property at 2 Pokiok Road, have been completed, and the required waiting period for objections expired on July 22, 1992, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Northern Marine Services Ltd. for a Municipal Plan amendment and re-zoning of 2 Pokiok Road 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 September 14, 1992. 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 July 20, 1992, when there were present Mayor Wayne and Councillors 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 Nominating Committee, the terms of reference of the Recreation and Parks Advisory Board be amended to provide for one voting member of Common Council on the Board. 2. That as recommended by the Nominating Committee, Deputy Mayor McAlary be appointed to the Planning Advisory Committee for a term of three years. 83-684 COMMON COUNCIL AUGUST 4, 1992 3. That as recommended by the Nominating Committee, Deputy Mayor McAlary be appointed as an alternate member to Fundy SWAT. 4. That as recommended by the Nominating Committee, Anne M. Steele be appointed to the Environment Committee for a term to expire December 31, 1993, replacing Frank Hogan who has resigned from the Committee. 5. That as recommended by the Nominating Committee, Fred Fuller be appointed to Saint John Non-Profit Housing Inc. for a term of three years. 6. That as recommended by the Nominating Committee, Raymond Gorman and Mark Huestis be reappointed to the Saint John Transit Commission for a term of three years. 7. That as recommended by the Nominating Committee, Leo M. Maloney be reappointed to the Saint John Aquatic Centre Commission for a term of three years, and that Gerald Baxter be appointed to the Board of Directors of the said Commission for a term to expire June 30, 1993, replacing Herbert F. Doucet, who has resigned. 8. That as recommended by the Nominating Committee, Councillor Pat Landers be appointed to Partridge Island & Harbour Heritage Inc. 9. That with regard to the request of the Host Committee of the 1992 Miller Slo-Pitch National Co-Ed Rec Championship Tournament for a waiver of fees for the use of arenas and fields for the Tournament, Council adopt the recommendation of the Major Tournament Committee that the Host Committee pay the arena rental charge of $2,600 and that the Recreation and Parks Departments absorb the user fee and staffing costs. 10. That as recommended by the City Manager, a portion of a former fire lane between Rockcliff and Ridge Streets, shown as Part "J" on a subdivision plan prepared by Schubert Surveys filed July 31, 1979 as number 913, be sold to the adjoining owners, Roy and Margaret Israel, for a price of $500. 11. That as recommended by the City Manager, Marilyn Hasson of Central Guaranty Trust be advised that the property on Ashburn Road is not for sale at the present time. 12. That as recommended by the City Manager, the land at 172-174 Wentworth Street, known as PID 6510 and legally described as the southern part of Lot 930 Dukes Ward, be declared surplus to the City's needs and be advertised for sale by tender to the three adjoining owners with the provision that it is to be consolidated with one of the adjoining properties. 13. That as recommended by the City Manager, Joseph McEachern be advised that the City is not prepared to sell any of the land adjoining his property on Millidge Avenue at the present time. 14. That as recommended by the City Manager, the Parks Department proceed with developing corporate sponsorships to pay for the installation and maintenance of tee markers at the Rockwood Park Municipal Golf Course. Tuesday, August 4, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. Councillor Coughlan proposed a motion, which was seconded by Councillor Gould, that recommendations (1) through (8) be adopted; such motion subsequently withdrawn upon Councillor M. Vincent's observation that, although he wishes to vote against only recommendation (2), it would be necessary for him to oppose all 8 recommendations, and explained that he does not concur that a Council member should sit on the Planning Advisory Committee in that it represents a conflict of interest when a member of Council sits on the Committee and has access to full discussion on a matter which later comes to Council for re-zoning, having had the 83-685 COMMON COUNCIL AUGUST 4, 1992 opportunity to hear both sides of the matter and vote, thereby prejudicing his/her position prior to the public hearing; while Council members not present for public hearings are not eligible to vote on the issue, nor are they allowed to declare their interests for or against prior to the public hearing. 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 Gould RESOLVED that section 2 of the above report be adopted. Councillor Landers concurred with Councillor M. Vincent's comments with respect to Council membership on the Planning Advisory Committee. Question being taken, the motion was carried with Councillors Landers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites 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 Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Landers 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 M. Vincent RESOLVED that section 7 of the above report be adopted. 83-686 COMMON COUNCIL AUGUST 4, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 10 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 11 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 12 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 13 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that section 14 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that the 1991 Annual Report of The Power Commission of The City of Saint John be received and filed and the 83-687 COMMON COUNCIL AUGUST 4, 1992 members of the Board be thanked for their service. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to subdivision plans which vest as public streets three parcels of land with areas of approximately 22 square metres, 151 square metres and 69 square metres, at 51 and 61 Union Street. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the September meeting of the National Board of Directors, and submitting guidelines for preparation of the resolutions for submission -- be referred to the City Manager to submit resolutions for Council's consideration. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mrs. Mary E. Hanley advising of a problem being encountered directly in front of her home located at 111 Manners Sutton Road in that the roadway is very narrow allowing her to back out of her driveway safely only when it is clear of parked cars and snow and, last year, the City Works Department put curbing along the side of the road opposite her driveway causing the roadway to be even narrower than it previously was; and asking Council to remove the curbing restricting her ability to leave her driveway and restore the space which is so desperately needed at this particular area of Manners Sutton Road -- be referred to the City Manager for an expedient response. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Gwen E. Jones, Secretary of the Saint John Canada Day Committee, expressing appreciation to the City for its generous participation in the 1992 Canada Day events, both through the $10,000 grant to Festival By The Sea with the 276 labour hours by City employees and the major program in Rockwood Park; advising that it is pleased that the City has now accepted the policy which the Canada Day Committee has been promoting for several years that there should be a great variety of events in as many locations of the City as is practical to enable the greatest number of persons to enjoy the day's events; and inviting Council to nominate one or more persons to represent the City at future meetings of the Canada Day Committee -- be received and filed and the Committee be thanked, and that Councillor Derek Chase represent Council on the Saint John Canada Day Committee. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites 83-688 COMMON COUNCIL AUGUST 4, 1992 RESOLVED that the letter from Joan Weir stating that anyone who is gainfully employed within the City of Saint John and resides outside and beyond the City limits and owns no property in Saint John should be contributing toward the costs of maintaining City services; and suggesting that a minimum of $250 per year per working person would make good sense -- be received and filed and Mrs. Weir be advised that she should forward her suggestion to the Premier. The motion initially proposed, as suggested by the Mayor, was to refer the above letter to the Premier, such motion subsequently withdrawn by the Deputy Mayor upon Councillor Knibb's observation that the timing might not be right in view of the anticipation that the surrounding municipalities will assist in the operating costs of both the civic centre and the Imperial Centre for the Performing Arts; and Councillor Trites suggested that, in receiving and filing the above letter, it could be suggested that Mrs. Weir write to the Premier in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Chairperson of the Selection Committee of the Five Star Community Award Program expressing appreciation for the City's interest in National Access Awareness Week; and providing feedback in support of the City's achievements and identifying areas of weakness observed in the City's application to the Program -- be referred to the City Manager and to Councillor Landers, a member of the Saint John Ability Advisory Council, for discussion with the Ability Advisory Committee on the needs for recreational facilities in the City and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Richard Powell and Atsuko Nose for a Zoning By-Law text amendment with regard to property at 1687 Sandy Point Road 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 September 14, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Team Atlantic - Bantam Minor Baseball asking for sponsorship to assist in the cost of attending the Canadian National Bantam Baseball Championships to be held at Saint Albert, Alberta, from August 25 to 31 -- be received and filed. The Mayor asked if Saint John is involved with Team Atlantic to which Mr. Brown replied that, having checked with officials of Minor Baseball earlier this date, the Championship was not known about; therefore, it can only be assumed that the above is a form letter forwarded to every Maritime municipality and whoever represented New Brunswick is not a Saint John team. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the notice from the Liquor Licensing Board informing Council that Gallery Investments Ltd. has made application for a revision to Entertainment License No. 6068-E to include exotic dancers 83-689 COMMON COUNCIL AUGUST 4, 1992 (no nudity) and lingerie fashion show s, with respect to premises at 400 Main Street, and the application will be considered at its meeting to be held on August 5 -- be received and filed. Question being taken, the motion was carried. Councillor Knibb proposed a motion to adjourn, whereupon the Mayor asked that, as the City Manager has indicated that most of the remaining items on the Committee of the Whole agenda of this date can be delayed until his return from vacation as he would like to address the items, Council deal with the City Manager's report on the First New Brunswick Senior Games at this time. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above-mentioned report from the City Manager, which is on the Committee of the Whole agenda of this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) the City accept in principle being a sponsor of the First New Brunswick Senior Games to a maximum of $20,000 subject to the following: (i) the New Brunswick Seniors' Federation commitment of $20,000 be confirmed by September 25, 1992; (ii) the sources of other major funding be confirmed by August 25, 1992; and (iii) an organizational plan be submitted to and approved by the Director of Recreation by August 13, 1992; and (2) it be understood by the Organizing Committee that any operating deficit resulting from the Senior Games is not the responsibility of the City of Saint John. Question being taken, the motion was carried. The Mayor asked Council's consideration at this time of the City Manager's recommendation, which is included in a report on the Committee of the Whole agenda of this date, concerning the Canadian Port and Harbour Association Annual Meeting. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the City of Saint John provide $2,500 to the Saint John Port Corporation to reflect the City's support of the Corporation's hosting of the Canadian Port and Harbour Association Annual Meeting in Saint John. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk