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1993-11-08_Minutes 84-339 COMMON COUNCIL NOVEMBER 8, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of November, AD. 1993, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division, Planning Department; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend William R. MacMullin of St. George's Anglican Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 1, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary extended a welcome to Dr. Hervis Bain from Nassau, Bahamas, Governor of the Eastern Canada and Caribbean District of Kiwanis International, who will be in Saint John for several meetings with members of the Kiwanis Club; noted the Veterans' Remembrance Day services on November 11, and the Annual Christmas Sale of Fine Crafts at the Trade and Convention Centre on November 13 and 14; and advised that, as there will be no garbage collection on November 11, those residents who normally have their garbage collected on Thursday are asked to hold their garbage for one week for collection on November 18, and also that, because of planned upgrading to the water transmission system, it will be necessary to shut down major components of the system which supplies water to the North and South Ends of the City, East Saint John and the Uptown area, on November 12 and 13, at which time most customers are expected to notice a reduction in pressure while this work takes place. Deputy Mayor McAlary welcomed to the Council Chamber students of the Atlantic Broadcast Centre who will be attending Council meetings on a regular basis as part of their course at the Broadcast School. Councillor Coughlan commented on his attendance on November 6 at a Journey of Hope Conference in Saint John, which is a process that assists families of mentally-ill patients on how to cope with a family member who is mentally ill; and proposed that Council acknowledge New Brunswick's Cabinet representation on the appointment of The Honourable Doug Young as Minister of Transport; and The Honourable Fernand Robichaud as Secretary of State for Parliamentary Affairs, and assure them that Council would like to work very diligently and cooperatively for the betterment of New Brunswick and especially the City of Saint John and also acknowledge The Right Honourable Jean Chretien. 84-340 COMMON COUNCIL NOVEMBER 8, 1993 On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that a letter be forwarded to The Right Honourable Jean Chretien, Prime Minister of Canada; The Honourable Doug Young, Minister of Transport; and The Honourable Fernand Robichaud, Secretary of State for Parliamentary Affairs, acknowledging that the Common Council of the City of Saint John would like to work very cooperatively with them. Councillor Coughlan suggested that, in the near future, Council should meet with New Brunswick's Cabinet representatives. 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 (i) add to Section 810(1) the following: "(b) notwithstanding condition (a) above, a group home is permitted at 674 Michael Crescent, also having NBGIC Number 324384; and (ii) renumber the existing Section 810(1) to be 810(1)(a), to permit the establishment of a special care home at 674 Michael Crescent, as requested by Nancy Friars, 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 Planning staff's report, four letters in favour of and one letter in opposition to the above application considered by the Committee at its November 2 meeting at which the applicant and her spokesperson were present and no one appeared in opposition; advising that the Committee decided that staff should work with the applicant to develop alternative ways of permitting this proposal and the applicant indicated a willingness to consider alternatives; and recommending that the public hearing be held as advertised but that Council defer its decision until the Committee makes a definite recommendation. Mr. Robert Merzetti of 682 Michael Crescent appeared before Council in support of the proposed amendment and, having advised that the applicant has asked him to speak on her behalf before the Planning Advisory Committee and Common Council, noted that the Planning Department staff has recommended against the application due to the distance requirement. Mr. Merzetti also noted the neighbourhood support as indicated in the correspondence submitted by the Planning Advisory Committee, as well as the letter of objection and the Department of Health's approval of the proposal; and expressed the opinion that a special care home for elderly persons should cause no fear to immediate neighbours or anybody else. Mr. Merzetti made the observation that, as people are now living longer, there will continue to be an increased need for more special care homes to look after elderly persons; and asked Council to allow Mrs. Friars to carry out her plans to care for elderly people. Councillor Landers asked the nature of the other group home in the above area, and whether or not, if the amendment was approved and the subject property sold, it could be used for other than a group home for elderly persons, to which Mr. Baird replied that the group home presently located on Michael Crescent is also for elderly individuals, and that, while it is staff's understanding that the applicant wishes only to deal with elderly persons and this is the direction being reviewed with respect to a By-Law amendment, the application as it presently stands would be open to other types of group homes which is why staff is reviewing the matter. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table pending a definite recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a 408 square-metre portion of the 84-341 COMMON COUNCIL NOVEMBER 8, 1993 property at 96 Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One- Family Residential classification, to place this parcel of land in the same zoning classification as the adjacent property for possible sale and consolidation with that property, 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 report from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its November 2 meeting at which no one appeared in favour of or in opposition to the above application; and recommending that a 408 square-metre portion of the property at 96 Westgate Drive (NBGIC Number 21949), be re-zoned from "P" Park to "R-1 B" One-Family Residential classification. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 408 square- metre portion of the property at 96 Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One-Family Residential 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 408 square- metre portion of the property at 96 Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One-Family Residential 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 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 Street Closing By-Law amendment to close a portion of Lansdowne Avenue lying north of Pugsley Avenue, 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 amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Lansdowne Avenue lying north of Pugsley Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 84-342 COMMON COUNCIL NOVEMBER 8, 1993 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Lansdowne Avenue lying north of Pugsley Avenue, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close the unclosed portion of River Street running northeasterly from its intersection with the eastern side of Spar Cove Road to the southwestern limit of that portion of River Street closed by Common Council resolution dated August 31, 1967, 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 amendment. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to the unclosed portion of River Street running northeasterly from its intersection with the eastern side of Spar Cove Road to the southwestern limit of that portion of River Street closed by Common Council resolution dated August 31, 1967, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to the unclosed portion of River Street running northeasterly from its intersection with the eastern side of Spar Cove Road to the southwestern limit of that portion of River Street closed by Common Council resolution dated August 31, 1967, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Mr. Eric Teed appeared before Council on behalf of the New Brunswick Anti-Poverty Association to bring to Council's attention that, under the present rules, a person receiving maintenance support for children is penalized if on social assistance, and the Association is asking the City to support its position that the government should change its regulations so that children are not deprived of the benefits of payments from their parents. Ms. Joanne Campbell, President of the New Brunswick Anti-Poverty Association, addressed Council on the above issue by explaining that, while a parent would be allowed to earn up to $200 per month in wages which she could keep without deduction from any social assistance payments, the Department of Income Assistance penalizes a parent on social assistance by deducting the full amount of child support payments received from one parent from any social assistance payable to the other 84-343 COMMON COUNCIL NOVEMBER 8, 1993 parent; and asked Council to support the Association's request that the Province change its present policy by, as a first step, at least exempting the sum of $200 in support payments. Deputy Mayor McAlary asked if the Association has met with the Minister of Income Assistance to which Ms. Campbell replied in the negative, and during discussion Ms. Campbell advised that the Association did meet with the MLAs in this regard early in the summer at which time the Association was told that the matter was being studied and the Association has not had a response since that meeting, and she requested that Council support the resolution set out in the previously-submitted brief. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that Common Council support the resolution as stated in the New Brunswick Anti-Poverty Association's brief urging the Province of New Brunswick to revise its policy respecting deduction of support or maintenance payments by a parent to the other parent from social assistance payments to the other parent so that at least the first $200 of maintenance be considered an exemption from any deduction from the benefits paid: AND FURTHER that the City Manager be asked to determine why this policy exists. Question being taken, the motion was carried. Messrs. Ross Janes and Roger Cosman were present at the meeting and Mr. Janes addressed Council on behalf of employees of New Brunswick Broadcasting Co. Ltd. to express concern about the sale of MITV/CHSJ stations, which is the subject of applications to the Canadian Radio-television and Telecommunications Commission by CanWest/Global and the Canadian Broadcasting Coloration; and, reading from a prepared brief (copies of which were distributed to Council members at this meeting) and utilizing a video presentation, explained that the employees are not opposed to the sale of CHSJ, or MITV; however, they are opposed to what will be lost if this sale goes through as proposed in the applications to the Commission, including (1) the loss of over fifty full-time jobs in Saint John; (2) the loss of a substantial amount of local news and sports coverage; (3) the loss of local programming and production facilities; and (4) the loss of the television medium for community-based service groups and non-profit organizations. Mr. Janes requested Council to present an oral intervention to the CRTC opposing the current conditions of the applications and to stress that the operation be maintained with its head offices in Saint John. During discussion Mr. Janes, responding to Council queries, advised that, with regard to the number of employees involved in each of the MITV and CHSJ operations, his impression as a 26-year employee with New Brunswick Broadcasting Co. Ltd. is that all of the employees, in one way or another, work for MITV/CHSJ, and that there are very few employees who work for one or the other, although he is unable to give an actual count in this regard; and Mr. Cosman advised that, while the employees have had several talks with CanWest and CBC about the take-over, unfortunately the employees have been unable to get answers to many of the pertinent questions, such as the break-down of jobs and what they will be, and a breakdown of local content programming; and the November 17 deadline for intervention was noted and Mr. Janes explained that the written intervention is basically to inform the CRTC that the party concerned wanted to make a presentation at some point and to suggest to the Commission the request to be made and to what area attention would be focused on. Mr. Mike Daigneault, Area Manager of CBC New Brunswick, addressed Council, and pointed out that CBC has had an existence in Saint John for a good many years and that, while its roots are separate from CHSJ, it has an excellent working partnership with CHSJ; and advised that CBC employs 27 persons in a full-time basis in Saint John, including radio and television persons; and noted the presence at the meeting of Ms. Susan Lambert, Manager of the CBC operations in New Brunswick, and Mr. Mark Peterson who directs all of CBC's Television operations for New Brunswick. Mr. Daigneault advised that, while there is no question that there is going to a 84-344 COMMON COUNCIL NOVEMBER 8, 1993 significant loss of jobs, CBC and CanWest Global will do their best to preserve as many jobs as can be preserved, but MITV/CHSJ have been losing money and, in his estimate, have no hope of turning that situation around; and, given that situation, regardless of the outcome of the CRTC hearing next month, there is going to be major lay-offs at CHSJ and MITV, and also that he was present when the employees were informed of that by Larry Nichols, President of New Brunswick Broadcasting. Mr. Daigneault outlined the advantages of a CBC Station in Saint John, including (1) the preservation in Saint John of a good many jobs and both parts of the business with Global and CBC taking over MITV and CHSJ; (2) an expansion of news coverage for Saint John and the rest of the Province, with the plan to add one person to the Saint John news bureau so that it will become a seven-person bureau, as well as to add a reporter in Fredericton; (3) Saint John and New Brunswick will be reflected on national television in a way that has never happened before; and (4) the kind of production that will grow up around CBC in that, in the last ten years around the CBC Station in Halifax, a $14 million-a-year independent production industry has grown up, which employs literally scores of people year-round and to which the government provides support in recognition of its value as an industry. Mr. Daigneault advised that CBC and CanWest Global have each made firm commitments to the CRTC for independent production in the drama area alone of $750,000 over 5-years, at a the rate of $150,000 a year, with the large share of the total $350,000 a year to be spent in the Province of New Brunswick; and in other areas of production, such as current affairs, arts and entertainment, CBC will enrich by $50,000 a year its $600,000 national fund to be spent in the regions like New Brunswick, and New Brunswick producers will have access for the first time to News World's $1 million budget to be spent in the regions. Relating the latter advantage specifically to the City of Saint John if the application to CRTC is approved, Mr. Daigneault advised that, having invited independent producers to meet with him, six were from Saint John who, for the first time through CBC, will have access to development money, air time and facilities that they have not had until now, and that, for those people in Saint John who wish to buy a special dish next year, there will be 200 televisions channels available, where currently there are perhaps two dozen channels available. Mr. Daigneault apprised Council of the steady decline of local production in Saint John over the past six years or so, at no fault of the staff; and also of CBC's intent to continue with the IWK Telethon, for example, and to produce programming in virtually every other area that is mentioned in the information that has been provided to Council, with the difference being that a seniors' program that may appear only locally, when there is a CBC station on the air, will be replaced by a seniors' program that is a national program which has components from New Brunswick in it; a children's program that is seen locally will be replaced by Sesame Street on CBC, with CBC producing for Sesame Street; and, whatever the program airing is, there will be material from Saint John and from New Brunswick. Mr. Daigneault assured Council that, where there is a major local issue or event, CBC will be there; and concluded that, distressing as it is to see the jobs that will be lost, the fact of the matter is that CBC will succeed in maintaining local programming and in maintaining a presence for Saint John and New Brunswick in the national media. In response to Council queries, Mr. Daigneault explained that, with regard to local programming, CBC would either take it over, as in the case of the IWK Telethon, and do it just as CHSJ did, or, in the case of the supper hour which he has identified as being the being single biggest local program in Saint John, CBC would expand that and the Saint John coverage, or CBC will take over the function, that is to say, rather than do a children's program purely for Saint John, CBC would do a national children's program into which CBC would contribute; therefore, CBC would either directly take over a program or take over the function of the program; and he distinguished between a physical plant and a studio in that, while CBC has a physical plant in Saint John, television operations currently being established do not build big studios as they are far too expensive and used far too seldom, and, when a studio is needed, a venue would be selected such as City Hall or Market Square. With regard to jobs and a local production building, Mr. Daigneault advised that the 16 jobs available will be offered first to the CHSJ/MITV employees, with most to be located in Fredericton because the technical equipment will go in the building which has been there for 14 years, and half of the 16 employees are technical people who operate the machinery, and also advised that the ratio of staff between Fredericton and Saint John will be 50 employees in Fredericton versus about 27 in Saint John, but to that will be added however many of the MITV/CHSJ employees are hired; and noted the presence in Saint John of a studio where local programs can be produced, being the news room studio. 84-345 COMMON COUNCIL NOVEMBER 8, 1993 Mr. J. E. Sward, President and Chief Executive Officer of Global Communications, appeared before Council; acknowledged that the difficult part of this issue is the people who will be laid off as a result of the transaction being approved; and expressed the opinion that, fundamentally, the businesses concerned are failed businesses other than for the tenacity and commitment of the Irvings and the Irving family to try to find a solution to this particular problem, MITV alone having lost approximately $28 million since 1986 therefore not working as a stand-alone business without support or infrastructure, and also that the changes in his business and the MITV/CHSJ businesses have contributed to this failure of television from what was shown in the above video presentation in that, as the different media has evolved, things have come in to replace it, and local cable programming has in great measures stepped into the breach of pure local programming, and conventional broadcasters have had to form consortiums, create larger masses, and create programs that have more money and more people behind them so that they can compete with all of the American and other services that are coming in. Mr. Sward commented on why television buildings with large studios are no longer necessary; advised that, if the transaction is approved, the MITV group will become part of Global Communications, which is the largest, non-affiliated producers of Canadian programming in Canada, providing advantages, such as (1) the Maritime independent producers, the ones who are joining a conventional television to do Canadian programs from places and regions, will have a new access point because Global will now have a presence in this area which should result in a significant increase over the present $4 million to $5 million that Global already puts behind Maritime producers in terms of funding productions, and he referenced Mr. Daigneault's above comments relative to the financial commitment of $150,000 a year, or $750,000 over 5 years, for $1.5 million between Global and CBC, in additional funding to independent productions in the Province of New Brunswick; (2) with regard to the $4 million per year currently spent by MITV on Canadian programming, part of which is used to buy Canadian programming from Global, Global will give MITV all of its Canadian programming for free, which means that the $4 million Global is committing as a minimum to spend on Canadian programming in the Atlantic Provinces will remain and be spent on Atlantic Canadian programming; (3) Global will bring in systems that will help the men and women do their jobs better, with links to the other CanWest stations across the country, and CanWest/Global also has full-time bureaus representing its perspective in London, England, and Washington, D.C.; and (4) CanWest/Global will put in $250,000 initially in upgrades that need to be done even in the Dartmouth facility that is only five years old, and on top of that $250,000 will be put in right away to close-caption all of the scripted portions of its programming for the hearing-impaired, and in addition will put in $1.5 million to finish part of a plan to extend the reach for MITV. Mr. Sward also advised that CanWest Maritime, as the owners of MITV, will continue its commitment to community service and to local service in the New Brunswick and in the Saint John area, with the Maritime Today program to remain and be enhanced as more resources are put into it, and the continuation of the 6:00 o'clock p.m. New Brunswick-specific half-hour newscast every evening, as well as the continuation of the Empty Stocking Fund program for at least 3 years with a view to going longer and the Crime Stoppers program; and that two members each from New Brunswick and Nova Scotia will be appointed to the nine-member board of CanWest Maritime Television Inc. Mr. Sward expressed the opinion that the transaction deserves support, being sensitive to and understanding of the difficult circumstances before Council at this time. Responding to Council queries, Mr. Sward advised that, while he cannot indicate specifically the number of jobs in Saint John, he would guess that it would be more than 25 and less than 40, depending on the advice of local management as CanWest/Global re-works MITV to make it work in a different way, and that CanWest/Global will not be considering employee seniority which could mean that Saint John MITV employees would be retained while Dartmouth MITV employees would be laid off; and also that the largest component of the between 25 to 40 employees would be related to news and public service information gathering, as well as the selling of commercials for money and a local team to produce the local commercials sold, and some administrative people, with the largest news bureau to be in Saint John, and that employees of the current operation will be interviewed first and, if equal or can be made equal to the next best candidate with some fast training, will get the jobs in the news bureaus to be set up in cities in New Brunswick; and he explained that, while the 6:00 o'clock p.m. and 11 :00 o'clock p.m. news will be produced from Dartmouth, Saint John 84-346 COMMON COUNCIL NOVEMBER 8, 1993 will have primarily a field staff, with no master control or people directing and such. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the presentations on behalf of New Brunswick Broadcasting Co. Ltd., the Canadian Broadcasting Corporation and Global Communications, regarding the applications to the Canadian- radio and Television Communications Commission to take over CHSJ/MITV, be referred to the City Manager for preparation of an intervention for Council's consideration at its next meeting. Councillor Knibb, in proposing the above motion, expressed the hope that some segment of television would be preserved in Saint John. Question being taken, the motion was carried. Consideration was given to letters from Uptown Saint John Inc. (a) requesting to appear before Common Council to present and subsequently to request Council to begin the process of advertising for the approval of its 1994 Plan and Budget; (b) requesting Council to consider the expansion of the Business Improvement Area boundary to include the properties specified, and to advertise the intention to expand the boundary; and (c) requesting that Common Council consider participating with the community and Uptown Saint John Inc. as partners in developing a community plan for the uptown peninsula, the first step of which would be to initiate, and complete by February, the developing of the process, time frame and budgetary considerations for the neighbourhood planning process, and requesting that City staff be asked to provide advice in developing this process. Mr. Brian Beckingham, President of Uptown Saint John, appeared before Council; noted the presence at the meeting of Board of Directors members Stephen Carson, Tom Horrocks, Diana Alexander and Sterling Brown, as well as General Manager Colin Whitcomb; and circulated a plaque presented by Downtown New Brunswick, at its Annual Meeting, Conference and Awards Presentation in Moncton, recognizing Uptown Saint John Inc., for the second straight year, as the outstanding Business Improvement Area corporation in large New Brunswick municipalities. Accompanied by a slide presentation, Mr. Beckingham highlighted Uptown Saint John Inc. 's activities to date, outlined its 1994 Corporate Plan and commented on the action plans under the priority themes of marketing, economic development, urban design and organization on which Uptown Saint John Inc. intends to focus its energies. During discussion Mr. Beckingham advised that Uptown Saint John Inc. projects the receipt of $500,000 in funding under the Canada/New Brunswick Cooperation Agreement in 1994, stressing the importance of utilizing this funding while available, as the Agreement terminates in March 1996; and, with regard to Councillor Rogers' concern about the findings of a survey and study undertaken by Mr. Sprague, Deputy Mayor McAlary made the observation that Council members, as well as members of City staff, were issued invitations to attend a public meeting to meet with Mr. Sprague and that, while some of the Council members may take exception to what Mr. Sprague said, many of the businesses in the Uptown found him to be very informative and he gave them ideas about how to do business in a better way. A motion was proposed by Councillor Rogers and seconded by Councillor Landers to refer the above presentation to the City Manager because of the possible financial implications to the City of Saint John in reference to street construction outlined under the Corporate Plan, whereupon Deputy Mayor McAlary noted that Uptown Saint John Inc. is not asking for any money from the City for its 1994 Budget and that the funding referred to is under the urban design grant, and Mr. Beckingham clarified that there is absolutely no requirement in the proposed 1994 Budget for the City of Saint John to participate and, if the City decided not to participate in redevelopment next year because of funding, it would have no effect on the Budget and, in fact, funds are alluded to in the Budget because Uptown Saint John Inc. wanted to point out to Council the reality of the March 1996 deadline; and confirmed that the only reason for bringing the Budget before Council is for authorization of the necessary 84-347 COMMON COUNCIL NOVEMBER 8, 1993 advertising, and Councillor Rogers withdrew the proposed motion. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that authority be granted for the necessary advertising with respect to the 1994 budget of Uptown Saint John Inc. Question being taken, the motion was carried. With respect to the proposed boundary expansion of the Business Improvement Area, Mr. Totten noted the City Manager's previous report supporting the expansion with the exception of the Harbour Station facility, and that Uptown Saint John Inc.'s proposal is in conjunction with that. (Councillor Chase withdrew from the meeting.) Mr. Beckingham, reading from the previously-submitted correspondence, commented on the proposed expansion of the BIA boundaries for the reason of making funding available from the Canada/New Brunswick Cooperation Agreement on Urban Economic Development to potential developers to renovate the Red Rose Tea building as well as to investigate the feasibility of a public boat docking facility at the harbourside area adjacent to the Smythe Street parking lot; and requested Council to advertise the intention to expand the boundary to include the properties located on both sides of Smythe Street between Union Street and Station Streets, excluding Harbour Station. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that authority be granted for the necessary advertising with respect to Uptown Saint John Inc.'s proposed expansion of the business improvement boundary of Saint John to include specifically the following properties located on both sides of Smythe Street between Union Street and Station Streets, excluding Harbour Station:- NBGIC PID Numbers 55011902, 00426197,40147,38976,38984,55008767 and 55031561. Replying to Councillor Landers' query as to input on the proposed boundary expansion, Mr. Beckingham advised that, at this point, the Saint John Port Corporation has expressed favourably on it and no firm answer has been received as yet from the Power Commission, but certainly the feedback has been positive to date. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Mr. Beckingham introduced members of the Uptown Saint John Residential Committee, Reverend Chris McMullin, Rita and John Arbo, Bob Vicar, Patrick Watt and Stephen Alexander, noting that Mr. Sterling Brown is the chair of the Working Group for the Uptown Strategy and a member of the Committee; and, reading from the above-noted correspondence concerning an uptown residential plan, commented on the process involved in developing a report on an Uptown Strategy for presentation to Common Council. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that the presentation of Uptown Saint John Inc. concerning an Uptown Residential Plan be referred to the City Manager for a report to Committee of the Whole prior to Council's consideration in open session. Question being taken, the motion was carried. 84-348 COMMON COUNCIL NOVEMBER 8, 1993 On motion of Councillor Landers Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC00001 0052 Higgins & Wilson Refrigeration Condenser replacement - Hilton Belyea Arena Original contract amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated November 4, 1993 Holdback release. Question being taken, the motion was carried. On motion of Councillor Knibb $31,888.00 31,888.00 Nil 27,104.80 $ 4,783.20 Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-34 Somerset Street Pump Station Security Mechanical Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Two, dated October 28, 1993 Final holdback release 2. Contract 92-31 Motor Controllers SewaQe Lift Station O'Brien Electric Co. Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Two, dated November 1, 1993 Final holdback release. Question being taken, the motion was carried. On motion of Councillor Knibb $48,084.00 44,084.00 Nil 37,471.40 6,612.60 432.60 $ 6,612.60 $37,273.00 31,783.00 Nil 27,015.55 4,767.45 311.89 $ 4,767.45 Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the low tender to meet all of the requirements of the bid, as submitted by Fundy Computer, in the amount of $24,407.85 (including all taxes and 84-349 COMMON COUNCIL NOVEMBER 8, 1993 maintenance for two years), be accepted for computer hardware. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council approve the following application for funding from the Upper Floors Grant Program: Applicant: Rehabitat Inc.; Property: 30 Canterbury Street; Project Development Grant: $32,000. Mr. Todd, in response to Councillor Landers, explained that Rehabitat Inc., which he understands has an option to purchase the subject property, has indicated that the cost of the feasibility study on the conversion of the parking garage into a combination of residential/commercial purposes would be $45,000 and that, until such time as Rehabitat Inc. starts construction, it will pick up the difference between the $45,000 and the $16,000 that would be advanced by the City upon receipt of the information developed, and the remainder of the $16,000 would be advanced when construction starts. Question being taken, the motion was carried. Read a report from the City Manager advising that William A. Grant (Billy's Seafood Ltd.), has applied to the Liquor Licensing Branch for a lounge license for the former Diana Restaurant located at the City Market, and the Municipal Development Plan designation and zoning permit the operation of a lounge in this location. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council give its approval for the operation of a lounge at 49-51 Charlotte Street. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council authorize payment to the Saint John Trade & Convention Centre in the amount of the $12,926.66 for expenses incurred in hosting the Cities of New Brunswick Annual General Meeting on October 15-16, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $3,000 be accepted from McNulty Cartage (1987) Ltd. as security to ensure the rehabilitation of the gravel pit at 475 City Line (NBGIC Number 390104). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the tenants of the City Market are requesting that the hours of operation be changed to reflect the times when the Uptown area is busiest as this would be more beneficial to the tenants' businesses and provide a better service to the 84-350 COMMON COUNCIL NOVEMBER 8, 1993 public; and recommending that the hours in the City Market By-Law C-115 be amended as follows:- Monday-Thursday 7:30 a.m. - 6:00 p.m.; Friday 7:30 a.m. - 7:00 p.m.; and Saturday 7:30 a.m. - 5:00 p.m. -- be received and filed: AND FURTHER that the by-law to amend City Market By-Law C-115 with respect to operating hours be read a first time. Deputy Mayor McAlary, a member of the Market Promotion Committee, advised that the City Market tenants would like to move the proposed amendment forward as fast as possible because of Christmas shopping, and that, if Council agrees, three readings could be given at this meeting. Councillor Chase asked if the By-Law could be amended to make the opening and closing hours of the City Market at the discretion of the Market management or the market management committee, rather than having to request a By-Law amendment each time a change is wanted, to which Mr. Rodgers replied that, in his opinion, the proposed amendment is what is required in that it is a discretion which Council could not pass on. Deputy Mayor McAlary noted the difference in the current operating hours and the hours proposed in the amendment, and advised that there would be no effect on City staff in that the Local 18 employees who work in the City Market are there anyway during those hours. Question being taken, the motion was carried. Read a first time the by-law to amend City Market By-Law C-115. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the City Market By-Law C-115 with respect to operating hours be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend City Market By-Law C-115. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By- Law Number C-115-4 A By-Law To Amend The By-Law Relating To The Market In The City Of Saint John", with respect to operating hours, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-4 A By-Law To Amend The By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Read a report from the City Solicitor expressing the opinion that, as of November 3, 1993 when the Office of Mayor became vacant as a result of Mayor Wayne being declared elected to the House of Commons, the Deputy Mayor, possessing the powers of the Mayor and being responsible for performing the duties of the Mayor, is expected to carry out all the duties normally associated with being Mayor, including being a member of all commissions, boards and committees in the same manner as the Mayor, presiding at the Council meetings, wearing the Chain of Office and the Robe of the Mayor where appropriate, and performing other functions attributed to the Mayor. The report responds to a question which was asked in 84-351 COMMON COUNCIL NOVEMBER 8, 1993 Committee of the Whole on November 1 about the one-time legislation for the City of Saint John which made the Deputy Mayor the Mayor when the Office of Mayor became vacant; and gives his reasons for his opinion that the Deputy Mayor, in carrying out the duties and functions of the Mayor, is not the Mayor of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting, in response to Council's request, a resolution dealing with the vacancy of the Office of Mayor. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that Elsie E. Wayne, having been declared elected to the House of Commons on November 3, 1993 and the Office of Mayor becoming vacant on that date, the Common Council, pursuant to Section 35(1) of the Municipalities Act, hereby declares that a vacancy exists in the Office of Mayor and further that the Municipal Electoral Officer be advised of the vacancy. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting, in response to Council's request, a resolution dealing with the salary of the Deputy Mayor during the period the Office of Mayor is vacant. On motion of Councillor Gould Seconded by Councillor Chase RESOLVED that Deputy Mayor Shirley A. McAlary be paid the annual salary and the annual allowance incidental to the discharge of her duties as contained in Section 1 of By-Law No. 113 titled, "A By-Law To Provide For Salaries For Members Of The Common Council Of The City Of Saint John", and further that the Deputy Mayor enjoy all other benefits associated with the Office of Mayor. Councillor A. Vincent asked if Deputy Mayor McAlary has obtained a leave of absence from her present employer on the basis of his opinion that her salary should not be set the same as that of Mayor Wayne unless she is prepared to put in the same amount of hours. Deputy Mayor McAlary advised that she will be taking on the Mayor's duties and will be in City Hall every morning for which she has made arrangements with her own employer, and will be taking on all the duties of the evening and weekend functions required, and will ensure that all of the work that has been done in the Mayor's Office in the past will be done during her term as the Deputy Mayor. Councillor A. Vincent proposed an amendment to the above motion to include the use of a car, noting that Mayor Wayne was the only mayor to have a car, although there was no Council resolution giving her a car. Councillor Rogers made the observation that the Office of Mayor has never been declared a full-time position, nor is it paid as such. 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 84-352 COMMON COUNCIL NOVEMBER 8, 1993 Your Committee reports that it sat on November 1, 1993, when there were present Deputy Mayor McAlary and Councillors Coughlan, Gould, Knibb, Landers, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That funding in the amount of $19,000 be provided to the Aitken Bicentennial Exhibition Centre relative to the Centre's 1992 operations. 2. That as recommended by the City Manager, Mr. Thomas Enright, owner of the property at 50-54 Waterloo Street, be advised that the City is not interested in acquiring his property at the current time. 3. That as recommended by the City Manager, the City of Saint John request the Province of New Brunswick to have such amendments as are necessary introduced at the earliest possible date to allow a municipality to repeal a statute governing the operation of a Municipal Pension Plan, in favour of a municipal by-law, without affecting the continued operation of such plan. 4. That as recommended by the City Manager, Mrs. Doris Price be advised that the City is not prepared to sell the property at 144 St. James Street West to her at the present time. 5. That as recommended by the City Manager, (1) the proposals as submitted by Peter A. Martin Ltd. for the purchase of the vacated fire stations on Main Street and Church Avenue be rejected; and (2) staff be authorized to open negotiations with any party who might have an interest in the acquisition of these properties with a report and recommendation to be presented to Common Council at the end of any such negotiations. 6. That as recommended by the City Manager, the City Solicitor or his designate be authorized to initiate and proceed with a street closing for that portion of land at the corner of McAllister Drive and Golden Grove Road not needed for the newly-located Golden Grove Road as shown on Map #2. November 8, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Chase 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 84-353 COMMON COUNCIL NOVEMBER 8, 1993 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 Knibb Seconded by Councillor Rogers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee regarding the application of St. Rose Parish Community Housing Inc. for an amendment to the Municipal Plan to delete the proposal to extend Catherwood Street, which was tabled at the October 25 public hearing with no readings given; advising that the Committee considered the additional information and the applicant's presentation, and adopted a motion supporting the proposed Municipal Plan amendment; and recommending that Common Council amend the Municipal Development Plan by deleting the proposed extension of Catherwood Street north of Manawagonish Road to Dever Road. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by deleting the proposed extension of Catherwood Street north of Manawagonish Road to Dever Road, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by deleting the proposed extension of Catherwood Street north of Manawagonish Road to Dever Road, 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 Rogers Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 84-354 COMMON COUNCIL NOVEMBER 8, 1993 (Councillor Rogers withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan of Lot 93-1 at 353 Dwyer Road, and any required municipal or utility easements, as well as authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan of Lots 93-1 and 93-2 and to any required municipal services or utility easements at 365 Dwyer Road; and (2) Common Council accept cash-in-lieu for the required land for public purposes dedication for the proposed subdivision. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize an agreement pursuant to Section 101 of the Community Planning Act to be entered into with the owner of the property identified as 897-899 Old Black River Road, also identified as NBGIC Number 337824, requiring the existing dwelling be removed from the subject property once it is no longer occupied by the owner. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and information considered at the Committee's November 2 meeting relevant to the application of D. Hatfield Ltd. for an amendment to the existing 101 Agreement for 1045 Rothesay Road; and recommending that Common Council authorize an amendment to the existing Section 101 agreement to incorporate the changed as noted herein. Consideration was also given to a letter from the Brookville-Torryburn Association requesting the opportunity to speak on the above application to build a salt shed on the property at 1045 Rothesay Road. Deputy Mayor McAlary noted the above request to address Council, and advised that there is also a request from the applicant to be heard. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that a representative of the Brookville-Torryburn Association and of D. Hatfield Ltd. be invited to address Council at this time. 84-355 COMMON COUNCIL NOVEMBER 8, 1993 Question being taken, the motion was carried. Mrs. Elizabeth Cann of 1133 Rothesay Road, Secretary of the Brookville-Torryburn Association, explained that her presentation is for the record only in that those who in the future might travel the scenic Highway #100 through the Kennebecasis Valley might well question why the Hatfield property, which is situated along side some of the most beautiful 18th and 19th century homes in Saint John, was allowed to degenerate into an industrial dump. Mrs. Cann commented on the activity on the subject property, noting the recommendation in the Comprehensive Community Plan approved by Council in May 1978 that the strip development be stopped at the underpass at Rothesay Avenue and a buffer zone be retained between Rothesay Avenue businesses and the residential area in Brookville on the Old Rothesay Road, from the time of the 1975 re-zoning of the land at Rothesay Road and Drury Cove Road to "1-1" Light Industrial to the present time, including Council's 1977 approval of only one lot for development at which time the flood plain and an on-site sewerage disposal system raised many questions regarding the ramifications of further development; the September 1978 Council resolution indicating that no building might be erected on any other part of the land before proper flood control measures could be put into effect, together with full provision for City water and sewerage services; the January 1978 and August 1978 denials of Council for the developer to develop the land; the 1980 adoption by Council of the Flood Risk By-Law, the subject property having a considerable portion on the flood risk area; April 1987 when Mr. Hatfield was informed that the Council order of 1978 was still in place prohibiting further development of the subject parcel of land, although for some reason Mr. Hatfield was given a site preparation permit by the Building Inspector; the July 1987 repealing by Council of its July 1978 resolution, in spite of the Comprehensive Community Plan and the Flood Risk Plan being in effect, and Mr. Hatfield was allowed to develop the subject property and, with the approval of the Engineering Department, Mr. Hatfield filled in the flood plain in Brookville and dug out the flood plain in Glen Falls, two miles away, to alleviate the flooding in Brookville; the problems of sewerage disposal and water delivery were solved by the City Manager advising Council that a third holding tank would be acceptable as well as water delivered to the site and the Health Department approved this plan; an August 1987 agreement entered into between Mr. Hatfield and the City, with conditions to be met by him within 12 months, of which he met only one and returned in May 1991 asking the Planning Advisory Committee for yet another amendment; the 1991 enlargement by Mr. Hatfield, without any further permission having been obtained, of the compound to three times its original size; and the November 2, 1993 approval by the Planning Advisory Committee of an amendment to allow building number two on the subject property, allows for an unknown amount of salt to be stored and, while the August 1978 agreement with the City indicated crushed stone as the covering of choice on the flood plain inside his compound, now allows Mr. Hatfield to pave the flood plain with asphalt. Mrs. Cann expressed the opinion that Mr. Hatfield has been accommodated with one amendment after another, and asked if Councilor Mr. Hatfield is running the City. (Councillor M. Vincent re-entered the meeting during the above comments.) During discussion Mrs. Cann advised that, as far as the storage of salt is concerned, Council's approval of the building as recommended would improve the situation; however, it would add to the traffic and the noise; and Dr. Elizabeth McGahan of the Association addressed the issue of salt storage on the basis that the Planning Advisory Committee passed Mr. Hatfield's proposal without knowing how much additional salt would be stored, and the concern that the storage capacity and related activity could be increased by a factor of eight; and asked that Mr. Hatfield be required to maintain his salt storage facility at its present capacity and instructed to repair the fence that surrounds his property so that it can stand freely. Mr. Donald MacGowan, solicitor of the law firm of Clark Drummie & Company representing D. Hatfield Ltd., advised Council that his client has simply purchased a property which is zoned for Light Industrial and permits the type of use to which he has put it, and has followed each and every one of the conditions that have been set down by the Planning Advisory Committee; also advised that his client has agreed to all of the conditions set out by the Planning Advisory Committee at its November 2 meeting that are reasonable and provide for public protection and for 84-356 COMMON COUNCIL NOVEMBER 8, 1993 which the Committee is authorized to be the guardian; and expressed the opinion that, as Section 34(4)(c) of the Community Planning Act assigns to the Planning Advisory Committee the function of imposing terms and conditions on a development, Council has no role in setting those conditions and that, once the conditions have been set, they are immediately in force but, as the Committee has no power to enforce those conditions, Council comes in to do the enforcement of the conditions and a Section 101 agreement is what gives Council the authority to do so. Mr. MacGowan noted that the Planning staff report to the Committee indicates that there are no defaults under the existing conditions of the Section 101 agreement that is presently in force, and concluded that Council has an obligation simply to approve a Section 101 agreement or not, as the conditions are now in force and, if Council determines to not approve a Section 101 agreement, his client has every right to apply on November 9 for a building permit on the basis of the conditions set down by the Planning Advisory Committee and there would be nothing in force or available to Council to enforce those conditions; therefore, it would be in the best interest of the community for Council to agree to amend the Section 101 agreement on the basis of the terms and conditions established by the Committee, as this would be an improvement over the existing operation on the subject property which has been confirmed by staff and the Committee as an approved and authorized operation on the site. Councillor Trites asked for the City Solicitor's interpretation of Mr. MacGowan's opinion on Section 101, to which Mr. Rodgers replied that, as Council has heard two stories and facts which he has heard for the first time, he is not about at this particular time to give an opinion on either side and that, if Council wants the City's legal position, he cannot give that at this time as he needs to examine all of the facts, although he can give the City's legal position at its next meeting. Councillor A. Vincent expressed the understanding that the property in question is zoned correctly for the use for which the building permit was issued, and expressed the opinion that the Section 101 conditions would be an improvement. Councillor M. Vincent, referring to the input from other sources in the Planning Department's report which gives the technical side of the issue, made the observation that the other side of the issue include the difficulties and conditions with which the residents have been faced; and expressed the view that, where there is a bulk storage of any product whether or not it is housed, there is vehicular noise, traffic and all kinds of conditions which are not conducive to the lifestyle of what is basically a quiet residential area, and that Council is faced with the decision of weighting the residents' concerns versus the technical data provided by the resource people in that the residents clearly do not want the building to be erected and the technical staff people have said it is better than what is presently there and they have no concerns. Councillor M. Vincent asked that the City Solicitor, in his report, advise whether or not any of the Provincial authorities' approvals are such that the City must follow what they have said in their positions as input from other sources. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week pending the City Solicitor's opinion on the comments made by Mr. MacGowan and the question of Councillor M. Vincent relevant to Provincial authorities' approvals. Mr. Rodgers noted that his opinion would cover Council's authority in relation to the Planning Advisory Committee's authority to impose conditions and what Council can do. Question being taken, the tabling motion was carried with Councillors Chase and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Catherine Beck, Cultural Policy Officer, Department of Municipalities, Culture and Housing, thanking Council for its recent response to the discussion paper, "Through Partnership to Stewardship", and for its interest in New Brunswick's review of heritage policy and legislation; and advising that members of Common Council and the Preservation 84-357 COMMON COUNCIL NOVEMBER 8, 1993 Review Board will be invited to attend a client-partner round-table discussion in Saint John on the tentative date of December 9 -- be received and filed. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. John H. Evans, Chief Coroner, forwarding the findings and recommendations of the coroners' jury at the inquest into the deaths of Anthony O. Defazio and David L. Mabey; and advising that he looks forward to receiving information as to the feasibility of implementing the recommendations that may be applicable either directly or indirectly to the City of Saint John -- be referred to the City Manager and the Chief of Police. Question being taken, the motion was carried. Consideration was given to the letter from Mr. William Reynolds, which was tabled at Council's last meeting, regarding snow plowing on Lime Kiln Road. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above letter remain on the table. Deputy Mayor McAlary advised that the teach-in proposed for November 22 has been changed to November 15, due to the change in time of the November 22 Council meeting, and that the report on private roads will be resubmitted on November 15. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Miss Frances Morrisey protesting the use of space in the Loyalist Burying Ground for a statue of the late Mr. K. C. Irving on the basis of her opinion that public property should not be used for the purpose, and asking Council to rescind its decision to ask for an amendment to the legislation to allow the City to erect the statue on City land -- be received and filed. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Bob Olsen suggesting that the City should clean up the two salvage yards at Ashburn Lake Road and Rothesay Avenue -- be received and filed. Councillor Chase initially proposed a motion that the above letter be referred to the City Manager, and Councillor Landers expressed the opinion that the matter should be referred to staff as this has been an ongoing problem in the area. Question being taken, the motion was carried with Councillors Landers, A. Vincent and M. Vincent voting "nay". Councillor Knibb noted that Council has been advised by staff that it has been discovered that the application of Giuliano Debortoli for the re-zoning of 421-425 84-358 COMMON COUNCIL NOVEMBER 8, 1993 Douglas Avenue concerns lands which are not owned by the applicant and for which authorization has not been received, and Council has been asked to table this item and not set a public hearing date pending a revised application or authorization from the appropriate owner of the property involved in the application. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Mr. Giuliano Debortoli for the re-zoning of 421-425 Douglas Avenue be laid on the table. Question being taken, the tabling motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the letter from Crescent Valley Tenants Association requesting that a guard rail be installed along Churchill Boulevard extension, between Somerset Street and MacLaren Boulevard -- be referred to the City Manager to determine what the Provincial Government is doing in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk