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1993-11-29_Minutes 84-379 COMMON COUNCIL NOVEMBER 29, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of November, AD. 1993, at 4:00 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; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Michael Trites of Edith Avenue Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that minutes of the meeting of Common Council, held on November 22, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary noted that a Torch Light Parade will be held on December 1 beginning at the Assumption Church on Dufferin Row; proclaimed December as Lung Awareness Month, with the request that citizens of Saint John support the Lung Association's Christmas Seal campaign; and also proclaimed December 6 as a Day of Remembrance and Action on Violence Against Women in the City of Saint John. Councillor Coughlan noted that the Flying Fathers Hockey Team will play at Harbour Station on December 2, with proceeds to go to charitable activities. (Councillor M. Vincent entered the meeting during the above comments.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that a report from The Market Square Corporation on the final settlement relevant to Harbour Station, and the report from the City Manager on the overview of the total budget for Harbour Station (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-3 - Spruce Lake Industrial Park Standpipe Landmark Structures (Ontario) Ltd. Original estimated value of work Total work done, Estimate Number 6 (Final) $996,000.00 996,036.53 84-380 COMMON COUNCIL NOVEMBER 29, 1993 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 6, dated November 19, 1993 Final holdback release 2. Contract 93-9 Union Street Reconstruction Standard Paving Maritimes Limited Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated November 23, 1993 Final holdback release 3. Contract 92-27 East Saint John Sewer Pipe LininQ Samuel Pipe Liners, Inc. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated November 16, 1993 Final holdback release 4. Contract 92-29, Rockwood Park Construction of Loop Road G. Andrew Simpson Contracting Ltd. Original estimated value of work Total work done, Estimate Number 6 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 6, dated November 24, 1993 Final holdback release Question being taken, the motion was carried. Nil 963,536.53 2,500.00 163.55 $ 2,500.00 $141,275.00 124,356.58 Nil 123,756.58 600.00 39.25 $ 600.00 $157,930.00 150,261.33 Nil 115,249.06 35,012.27 2,290.52 $ 35,012.27 $379,012.65 339,946.95 Nil 338,072.44 1,874.51 122.63 $ 1,874.51 Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 7, 1993 endorsing the recommendations in the Fundy Engineering study relative to the Spruce Lake/East and West Musquash Watershed Designation Study, the estimated value of the contract was $28,953 (not including G.ST) and the City has received the Provincial share of $14,476.50; also advising that the Department of the Environment has agreed to cost share the additional invoice for $2,777.27 for the extra work related to additional report revisions and map reparations for the public meeting, minus the G.ST component, in the amount of $1 ,297.79, the total G.ST component on this project amounting to $2,308.41; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for the following relative to the Spruce Lake/East and West Musquash Watershed Designation Study completed by Fundy Engineering: 91) payment of the additional invoice of $2,777.27; (2) invoicing of the Department of the 84-381 COMMON COUNCIL NOVEMBER 29, 1993 Environment in an amount of $1,297.79 for its share of the final invoice; and (3) payment of the final holdback release in the amount of $2,659.51. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $50,000 be accepted from Grove Construction (1986) Inc. as security to ensure the rehabilitation of the gravel pit at 2740 Golden Grove Road (NBGIC Number 351239). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the low tender of Atlantic Colas Ltd., in the amount of $82.50 per tonne, be accepted for the supply of pavement repair material, on an as-and-when-required basis. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of the low tenderer for each item, as indicated in the submitted bid summary, be accepted for traffic signal poles. Councillor M. Vincent asked if staff, on the basis that there is a slight variance between the second low bidder and the bidder which is low on almost the entire content of the tender, gave consideration to recommending the complete tender award to one bidder for administrative benefits and, in this case, the supplementary fact that the low tenderer on almost the entire content is a Saint John company, and also if staff calculated the difference in price in doing so. Mr. Logan replied that, in this particular case, it is a one-time purchase as opposed to a supply agreement; and expressed the understanding that, when administrative costs are taken into consideration, it is for an annual contract type of arrangement whereby there are administrative costs incurred with splitting the award; and also that staff did not compare the cost difference between giving it all to The Eddy Group from Saint John as compared to what is recommended above. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Consideration was given to a report from the City Manager advising that Yesterday's Lounge Inc. (Paul Grannan) has applied to the Liquor Licensing Branch for lounge and entertainment licenses for Market Square, representing a change in company name for two previously-existing licensed facilities, Chevy's and Spirits; and that the specific proposal, adopted by Common Council when the property was placed in the "ID" zone, permits licensed facilities such as that proposed by the applicant. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council give its approval for the operation of the proposed lounge, including entertainment license, in Market Square. Question being taken, the motion was carried. 84-382 COMMON COUNCIL NOVEMBER 29, 1993 Read a report from the City Manager submitting a recommendation with regard to Uptown Saint John Inc.'s proposal for an Uptown Pedestrian Signage System, which was the subject of a letter considered by Council at its last meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council support the initiative of Uptown Saint John Inc. with regard to the Uptown Pedestrian Signage System, and Uptown Saint John Inc. be thanked for its work on this project. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that staff of the Parking Commissioner and the Engineering Department has investigated a request from residents on Orange Street for a two-hour parking limit and a Residential Parking Permit Program for Orange Street; and recommending that the submitted amendment to the Traffic By-Law 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-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Orange Street, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Orange Street, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb 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 - Pedestrian Link Mercantile Centre to Harbour Station Maxim Construction Ltd. Original estimated value of contract Total work done, Estimate Number 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated November 26, 1993 Partial holdback release. $1,441.504.00 1,561,165.31 5,000.00 1,255,772.62 $ 300,392.69 84-383 COMMON COUNCIL NOVEMBER 29, 1993 Councillor Gould asked for a breakdown of the total capital cost of building the pedway system from the City Market to Harbour Station, and for information on who pays the operational cost of the pedway system, in particular that portion between the City Market and Brunswick Square and that portion between the Mercantile Centre and Harbour Station; to which Mr. Bedford replied, while he was not in a position at this time to provide a report on capital costs, staff could provide the information to Council at a later date; and Mr. Todd, referring to Council's request for staff to meet with the various owners of properties connecting the pedway, advised that staff has met with Brunswick Square and is awaiting a response from that discussion, and that, while the City currently is paying one hundred per cent of the operating costs for the pedway from the Mercantile Centre to Harbour Station, staff is currently reviewing the situation; and also advised that, at the current time, the City pays one hundred per cent of the operating cost between Brunswick Square and Market Square; however, payment of the operating costs of the remainder of the pedway system varies in that, for example, between Market Square and City Hall there is a cost-sharing arrangement; and, from the Aquatic Centre through the Mercantile Centre, the City pays one hundred per cent of the operating expenses but there is a cost sharing arrangement in place relative to construction. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Stannair Conditioning Inc., being the lowest tender to meet all of the tender requirements, with a bid of $14,692 (all taxes included), be accepted for the supply and installation of air conditioning on the 2nd floor of the Parks Department building, 175 Adelaide Street. Question being taken, the motion was carried. 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 stopping up and closing of a portion of the following highway:- TIPPETT DRIVE - All that certain lot piece and parcel of land situate lying and being at Dominion Park (so called) in the City of Saint John, County of Saint John and Province of New Brunswick and more particularly described as beginning at a point on the southern sideline of Tippett Drive, the said point being the northwest corner of Lot 30, as shown on PLAN OF DOMINION PARK in the PARISH OF LANCASTER, SAINT JOHN, N. B., dated MARCH 3, 1936 and filed in the Saint John County Registry Office as FI LE 16 #112; going thence in a northwesterly direction to a point on the northern sideline of Tippett Drive, the said point also being the intersection of the line of division between LOT 64 and LOT 65 with the said northern sideline of Tippett Drive; thence in a southeasterly direction, along the northern sideline of the said Tippett Drive to the southwest corner of LOT 66; thence in a southwesterly direction to the southern sideline of Tippett Drive, the said point also being the northeast corner of the western one-half of LOT 28; thence in a northwesterly direction along the southern sideline of Tippett Drive and also being the frontage of the western one-half of LOT 28 and LOT 29 and LOT 30 in their entirety to the place of beginning as shown on the attached sketch, dated Sept. 10/92, prepared by the Department of Community Planning and Development of The City of Saint John be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. 84-384 COMMON COUNCIL NOVEMBER 29, 1993 Consideration was given to letters regarding the application for legislation to erect a statue in the Loyalist Burial Ground from: (a) the New Brunswick Branch of the United Empire Loyalists' Association of Canada, opposing the erection of any statue in the Loyalist Burial Ground, and requesting the City to withdraw its application of a private bill which in effect would allow Common Council to give approval for the erection of a statue; (b) Mr. James Hendricks Turnbull objecting to the intended legislation relating to the Loyalist Burial Ground on the grounds that the land in question has been dedicated as a burial ground and accordingly monuments and tombstones should be erected only for Loyalists or those of Loyalist descent who are buried in the Loyalist Burial Ground; and (c) Joan Pearce registering her objection to the intention of the City of Saint John to apply for the enactment of a private bill for the erection of a statue in the Loyalist Burial ground in memory of the late Kenneth Colin Irving; and requesting an opportunity to express her concerns to Common Council in open session on Monday, December 6, 1993. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letters from the New Brunswick Branch of the United Empire Loyalists' Association of Canada, and Mr. James Hendricks Turnbull, regarding the City's application for proposed legislation for the erection of a statue in the Loyalist Burial Ground -- be received and filed and brought forward when a final decision is to be made in this regard. The manner in which the request for legislation was submitted to Council was questioned by Councillor Landers in that the Irvings did not make a formal request. Mr. Rodgers made the observation that this matter came before Council when he submitted a report to Council five or six weeks ago requesting the necessary resolution to authorize amending the 1848 Act if Council so wanted and that, in his report, he pointed out that it was brought to his attention by the former Mayor, and that Council passed the resolution in this regard which resulted in the necessary advertising being done and the preparation of the legislation; and he advised that, as far as he knows, the proposed legislation will be coming up as a private bill as an amendment to the 1848 Act when the Provincial Legislature sits in fall session commencing this week. Deputy Mayor McAlary indicated that persons who object to the proposed legislation can forward letters to the Legislature and that, if the legislation is enacted, Council can discuss the matter further, and Mr. Rodgers explained that any citizen has the right to go before the Committee and oppose the private bill. Councillor Landers asked if, in the absence of written documentation from the former Mayor or from the principals in question, Council could withdraw its request for legislation until such time as it has written documentation and decides to do so after discussion, to which Mr. Rodgers replied that he does not see what sense there is in withdrawing, cancelling or deciding not to proceed simply n that basis; and suggested that, if Council decides not to proceed, it should be on the basis from a policy point of view that it is not interested in amending the Act, as there has been enough done on the process and enough discussion has taken place that Council made a decision to proceed. Mr. Rodgers added that the only reason to withdraw would be because Council has changed its mind and does not wish to proceed in that he does not believe that further correspondence from the Irving organization is significant for that reason and, if such correspondence had been required, the time to have asked for it would have been five or six weeks ago and, if Council does not wish to proceed, it should not be on that basis; and also advised that, if the amendment goes through, Council is then permitted, if it wishes, to enter into the necessary agreements with the Irving organization to proceed in erecting the statue and Council then can negotiate with the Irvings as to the conditions to be contained in that agreement and that, in his opinion, Council is obligated to proceed to attempt to get an agreement that is satisfactory to Council. Mr. Rodgers confirmed that, if difficulties arise during negotiations, Council has the full unobstructed authority to turn it down. During discussion the Deputy Mayor suggested that Council should let the legislation proceed and, if and when enacted, reconsider the letters received in this regard and meet with the Irving family; and the initial motion to receive and file the letter from the United Empire Loyalists' Association was changed to that above. Question being taken, the motion was carried with Councillor Landers voting "nay". 84-384A COMMON COUNCIL NOVEMBER 29, 1993 On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Joan Pearce registering her objection to the intention of the City of Saint John to apply for the enactment of a private bill for the erection of a statue in the Loyalist Burial Ground in memory of the late Kenneth Colin Irving, and requesting an opportunity to express her concerns to Common Council in open session on Monday, December 6, 1993 -- be received and filed and Mrs. Pearce be advised that she will be given an opportunity to approach Council when the matter is considered further. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that Common Council request the Provincial Legislature and the mover of the proposed amendment to the 1848 Act to delay consideration of the matter until the Spring Sitting of the Legislature until Council has had all the input in this regard. (Councillor Rogers withdrew from the meeting.) Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Chase, Gould, Knibb, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., opposing the intention of Common Council to make application to the Province to repeal the City of Saint John Pension Act and to seek authority to have the City Pension Plan administered by City by-law; and advising that the Pension Trustees nor the members of the Association were ever notified of such intent by the City of Saint John, which appears to be in violation of Section 24(1) of the Pension Benefits Act of the Province of New Brunswick, and that it trusts that the City will reconsider its intention and continue with the present system of administration -- be received and filed. (Councillor Rogers re-entered the meeting.) During discussion Mr. Rodgers re-iterated his opinion to Council on November 22 that the action taken recently by Council did not constitute a violation of the section referred to in the above letter, and that, if the Municipalities Act is amended to permit municipalities to enact their pension regulations by by-law, further action would have to be taken by Council, before it enacts a by-law, to have the current Pension Act repealed, which would have to go back to the Provincial Legislature as a private members bill; and explained that it is at that point that it mayor may not be an issue with respect to following various procedures in the sense of what the Fire Fighters' Association is referring to as possible violations. Councillor Knibb, a Pension Board Trustee, advised that he met with the Retirees' earlier this date at which time he attempted to assure them that there is no plot by the City to take away any of the security of the City's Pension Fund; and Mr. Wilson, Treasurer of the Pension Board, commented on the matter from the point of view of two or three major unsuccessful undertakings, at great cost to the Pension Plan, to try to get amendments made to the City of Saint John Pension Act, in that it was incumbent to look at some other way of administering the Plan, and one of these ways, which is done by other municipalities and being suggested in this case, is to request that the Municipalities Act be amended to permit Council to deal with amendments to the Pension Plan through a by-law, rather than having to pursue amendments through the Provincial Legislature, and that this request does not affect the City's current Act. Question being taken, the motion was carried. 84-384B COMMON COUNCIL NOVEMBER 29, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from The Saint John District Labour Council expressing concern that no meetings have been held by the committee struck in accordance with Common Council resolution of August 3 to deal with the closure of Labatt's Brewery, and the Brewery is scheduled to close on December 10; and requesting that a meeting take place with those identified in the subject Council resolution -- be received and filed and the City Manager be instructed to respond to the Saint John District Labour Council explaining that its best interests have been looked after. Councillor Knibb initially proposed a motion to refer the above letter to the City Manager, such motion changed to that above following Mr. Totten's explanation that the morning after Council instructed him to get in touch with the Saint John District Labour Council he received a call from The Honourable Jane Barry who indicated the action she had already taken with respect to establishing a committee to deal with the issue of Labatt's, and that former Mayor Elsie Wayne and he attended the first meeting of that group which included representatives from the Greater Saint John Economic Development Commission, the Provincial Department, several representatives from the Province, the Board of Trade, and representatives of both the Labatt's employee group and of Labatt's itself; and he advised that, at that time, a number of working committees were struck and, since that time, the Greater Saint John Economic Development Commission has a sub-committee looking for potential uses for the Labatt's building. Mr. Totten made the observation that, following the meeting, he reported to Council that he was not going to take any further action on establishing the committee in question because the real challenge is to have the resources available to bring another party to the table with respect to the future utilization of the Labatt's building, which is really where the Province and Labatt's and others are involved, and there are many people seeking alternative uses for the plant. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from The Anti- Pornography Coalition expressing concern about the recent establishment of a new adult video store on Waterloo Street on the basis of the Association's belief that the presence of adult video stores and the sale of pornographic material in the community is posing a serious threat to families, teenagers and its neighbours in general; and asking Common Council to review the current situation and the growing menace of pornography in the City and go on record as opposing the sale and distribution of pornography and give responsible leadership by enacting policies which would restrict those who would sell and distribute this type of material in this community -- be received and filed. Councillor Chase asked what legal right the City has to regulate the above-type of business to which Mr. Rodgers expressed the opinion that, if the question is dealing with the moral questions, Council does not have the authority to regulate that; and advised that, if Council so wished, he could review what is occurring in other parts of Canada and determine if it would be possible for the City to restrict businesses of this type in certain areas through a by-law. Chief Sherwood advised that the above type of business would be the subject of scrutiny and investigation by the Liquor and Morality Squad and that, to date, he is unaware of any problems with this particular institution in the City, other than some concern being raised over its advertising and location; and, with respect to the age limit, spot checks and surveillance could be done and the Department would respond to any complaint as well, if a citizen felt that a person in the business establishment was, in fact, under 18 years of age. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Gould and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Colin Whitcomb, Director of First Night Saint John, updating Council on the status of the First 84-384C COMMON COUNCIL NOVEMEBER 29, 1993 Night Festival of the Arts in Saint John since the Board's presentation to Council in early autumn; thanking Council for its support of the Festival; and advising that, while considerable progress has been made on all aspects of the Festival by the end of October, it is the opinion of the First Night Board of Directors that it has insufficient time to proceed with a First Night Festival for 1993, and has contacted the International Alliance of First Night Festivals in Boston and advised that First Night Saint John will hold its inaugural Festival in 1994, not 1993 -- be received and filed with regret that First Night will not be initiated this year in Saint John. Deputy Mayor McAlary expressed the understanding that the First Night Board did not have the time necessary to arrange all of the acts at this time but is looking forward to having the event in 1994. Question being taken, the motion was carried. Consideration was given to notes from the Chairman of The Market Square Corporation reporting on the final costing for the project budgets administered by the Corporation for Harbour Station, Council having approved budgets in the amounts of $17,000,000 for construction of the building proper, $1,620,500 for the Prime Consultant's contract, $150,000 for project management fees of The Market Square Corporation, $165,000 for design and outside services, and $16,200 for design/cost review, for total project budgets of $18,951,700 under the administration of The Market Square Corporation. Messrs. H. Meinhardt, Chairman; J. Shackleton, General Manager; and S. Appleby, Assistant General Manager, of The Market Square Corporation, were present at the meeting, and Mr. Meinhardt addressed Council, and explained that the final cost for the building as originally conceived will be $18,726,436, or 98.8% of the budget, with changes made during the construction process to improve the building and its operation, including such items as the private club area, finishing of concession areas, and services necessary for some of the operating equipment, such as the score clock, at a total cost of $1,013,841, with the operating cost savings for these improvements yielding a net present value of $1,042,000; and requested Council's approval of an increase in the original budget of $18,951,700 to $19,740,277, an amount of $788,577, or 4.2% over the Corporation's budget. In response to Council queries, Mr. Meinhardt commented on the changes in the original design and the associated additional costs and anticipated revenue, with regard to private boxes whereby, rather than leaving the area open for finishing by the purchasers of the private boxes, the area was finished to accommodate a club area for which citizens would buy memberships and the Commission would operate on behalf of the City, and two private booths; and, concerning the concession area which was to be left open for lease and completion at the cost of the concessionaires with water and electricity to be provided, the tendering of the concession area and subsequent engagement of Ogden Concessionaires to look after all the concessions, with the agreement being that the City would complete the areas for Ogden and Ogden would provide $500,000 worth of equipment for the areas to revert to the City in seven years and also the City gets a return of 20% of the income of anything sold in the concessions. Councillor Gould expressed the opinion that there was no justification whatsoever for the Corporation to have presented this item in Committee of the Whole earlier this date as it is not a legal document and does not involve personalities, but is a continuation of the motion adopted by Council on September 27; reiterated his objection, as expressed in Committee of the Whole earlier this date, to have been given supporting documents less than an hour before Council was asked to make a decision concerning items running into over $100,000; and asked why the Corporation did not apprise Council on September 27, when Council approved an amount of $300,000, that this did not pay for all the outstanding costs but that there were substantial overruns on the project, and also how the Corporation could submit to Council on this date supporting documents which have not been approved by the Board; to which Mr. Meinhardt replied that the Corporation reported to Council all along during the construction of the project, which should be documented in the minutes, and that the Corporation did not need the Board's approval of the documents submitted to Council earlier this date. 84-384D COMMON COUNCIL NOVEMBER 29, 1993 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that Common Council approve an increase in the original budget of $18,951,700 to $19,740,277 administered by The Market Square Corporation for the Saint John Regional Exhibition Centre. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". Consideration was given to a report from the City Manager submitting a schedule which compares the budget for the Saint John Regional Exhibition Centre with the estimated costs to complete as prepared on November 29, 1993; and explaining that, while the schedule shows that the total project is $648,848, or 2.6% over budget, it must be realized that the City has obtained much more in the completed project than anticipated when the budget was prepared; for instance, the scoreboard alone will have a final cost of $455,000, as approved by Council on the basis of its revenue producing potential; the total land cost includes more land (i.e. the escarpment) than was necessary for the Centre which will, no doubt, be a valuable asset to the City in years to come; and, in addition, there are many enhancements made to the facility which will be more adequately explained by members of The Market Square Corporation. Mr. Wilson highlighted the above report, and expressed the opinion that, while the total costs are over budget by approximately $649,000, the value for that can be found and it simply was not a matter of costs being incurred with no benefit seen for them; and, with regard to financing from the other two levels of government, advised that the Province contributed $12,400,000 toward the structure and $800,000 towards the cost of Station Street, and the Atlantic Canada Opportunities Agency gave a grant of $250,000, and also that one source of revenue did not materialize the way the City had expected, that being a million dollars from the business community with the idea that certain pieces of equipment might be donated; however, the revenue being received from the outlying municipalities, the scoreboard and the other enhancements, should have a long-term impact much more than financing of the million dollars. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk