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1994-11-28_Minutes 84-943 COMMON COUNCIL NOVEMBER 28, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of November, A.D. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; P. Woods, Deputy Commissioner of Finance; W. Butler, Director of Water and Sewerage Services; W. Edwards, Acting Director of Works; B. Steeves, Building Inspector; J. Baird, Manager- Development Division, Planning; J. Bezanson, Heritage Planner; E. Farren, Intergovernmental Affairs Officer; G. Tait, Fire Chief; A. Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and Reverend Tim Davidson of Harvest Christian Fellowship offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 21, 1994, be approved. Question being taken, the motion was carried. 3. Section 39 Amendment To Conditions Of Re-ZoninQ 10-12 Glenview Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions attached to the November 5, 1979 re-zoning of the property at 10-12 Glenview Avenue (NBGIC Number 301903), to permit the basement level of the existing building to be used for a laundromat for 10 washers and 10 dryers, as requested by Harry Train, and that no written objections were received and this regard. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's November 22 meeting at which the applicant was unable to attend and requested that the application be tabled to allow additional time to consider options to provide additional parking on the adjacent land or perhaps infill of the rear of the subject property; and recommending that the advertised public hearing before Council take place but no decision be made until the Committee has had an opportunity to hear from the applicant and make a recommendation. Ms. Catherine Hasson appeared in support of the proposed amendment on behalf of Harry Train; expressed the opinion that there is a real need for the proposed laundromat; and advised that she took up a petition (a copy of which she subsequently filed with the Common Clerk) of residents of apartment buildings indicating their support of the laundromat facility. 84-944 COMMON COUNCIL NOVEMBER 28, 1994 On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Harry Train for an amendment to the Section 39 conditions of re-zoning of 10-12 Glenview Avenue be laid on the table until the Committee has had an opportunity to hear from the applicant and make a recommendation to Council. Question being taken, the tabling motion was carried. 4. Re-ZoninQ 1771 Old Black River Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 24 acres of land situated at 1771 Old Black River (a portion of NBGIC Number 336834), from "RF" Rural to "RFM" Rural Mobile Home classification, to re-zone the subject area to permit mobile homes in addition to conventional one-and two-family dwellings, as requested by Karen Hosford 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 considered at the Committee's November 22 meeting at which Mr. John Hosford, brother of the applicant, expressed support for the staff recommendation, and recommending that Council re-zone approximately 9.7 hectares (24 acres) of land situated at 1771 Old Black River Road, also being identified as a portion of NBGIC Number 336834, from "RF" Rural to "RFM" Rural Mobile Home classification. Mr. Harold Comeau of 1765 Old Black River Road spoke in opposition to the proposed re-zoning on the basis that he just became aware of the proposal on Friday, not having received notification from the Planning Advisory Committee by mail and only having received a copy of the information from the Planning Department on Friday, and has not had an opportunity to look over the information or discuss it with anybody; and requested that this be postponed so that he can look into the matter further. In response to Council queries, Mr. Comeau advised that his initial opposition is to the magnitude of the proposal, and noted the location of his property in relation to the subject site; and, with regard to the question of Mr. Comeau being able to appear before Council again in this regard if the matter were tabled, Mr. Rodgers explained that, as there is no provision for the public hearing to be postponed, the public hearing would be concluded at this meeting and Council controls from whom it would hear at a future meeting, which would obviously include both sides as there would have to be some sense of fairness, and decide how many people it would be reasonable to hear. The Mayor suggested that, after the public hearing is concluded and if Council should decide to table the matter, Mr. Comeau could submit a letter for Council's consideration requesting to appear before Council again in this regard. Mr. Teme Hedar appeared in opposition to the proposed re-zoning of 1771 Old Black River Road, as a landowner and having bought the land for his residence next to the subject property on the opposite side of the Road; and advised that he would not mind Miss Hosford having a mobile home on the subject property for a year, after which she would build a house, but he objects to the build-up of the area as a mobile home park as it would destroy his privacy and property value. Mr. Hedar, replying to Council queries, advised the location of his over 360 acres of land on Old Black River Road. Mr. John Hosford appeared in support of the application on behalf of his sister, Karen Hosford, and advised that he is doing the work on the subject property and that his sister basically wants to live on the approximate 160-acre property she bought and has put a trailer on it. Mr. Hosford advised that there is not going to be a mobile home park there, although, as they have a fairly large family, it could be that their 84-945 COMMON COUNCIL NOVEMBER 28, 1994 brothers or sisters may want to live nearby and his brother may want to relocate his trailer to the subject property from further down Old Black River Road in the industrial area. During discussion, Mr. Hosford advised that it would be fair to say that there will be other trailers put on the subject property and that this is more or less a family deal; and Mr. Baird commented on the advertising process relevant to a public hearing, as well as on the Planning Advisory Committee's notification to area property owners; advised that he would clarify the issue of property frontage as the application indicates at 1900-foot frontage, while the Planning Department's report refers to a 2600-foot frontage, and that the re-zoning requested does not give the applicant the ability to put in a mobile home park but would give the applicant the opportunity to put more than one mobile home, and approximately twelve, on the property, given the large amount of road frontage; and confirmed that a tabling motion for a couple of weeks could be useful as it would allow staff to provide additional information and to bring the parties together so they can qualify what is being proposed. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the application of Karen Hosford for the re-zoning of 1771 Old Black River Road be laid on the table pending the supplying of the additional information from staff to Council as requested, and that representatives of both the opposition and those in favour be so advised when the matter is to appear again on the Council agenda. Question being taken, the tabling motion was carried. No person came forward upon the Mayor's query as to whether or not George J. Guy or his representative was present in the Council Chamber with respect to item 6; and the Mayor explained that, legally, Council must hold public hearings and hear from those to whom notice has been issued, and suggested that, as there was no one present with respect to item 6, Council could take this opportunity to hear from Solicitor General Jane Barry and subsequently provide time for Deputy Mayor McAlary to present trophies to the Santa Claus Parade float entries. Solicitor General Jane Barry presented a cheque in the amount of $20,185.34, on behalf of Income Assistance Minister, The Honourable Ann Breault, further to her October 17 presentation of a cheque in excess of $80,000 with regard to the support provided by the City of Saint John to the Saint John Human Development Council, such funding being eligible for 50-50 sharing with the Federal Government through the Canada Assistance Plan. Deputy Mayor McAlary, Chairperson of the Saint John Santa Claus Parade Committee, the 42nd Annual Parade having been held on November 19, noted the forthcoming Mayor's Christmas Tree Lighting Ceremony at Loyalist Plaza on December 2; and she, Mayor Higgins and Mr. Ray Butler (a local artist whose painting of a Loyalist Plaza Christmas Tree was circulated to Council members during this meeting), presented trophies to Parade entry winners as follows:- McAllister Place for Best Parade Float, Family Services for Best Association Float, Beaver Lumber for Best Retail Float (not present), 122 Moncton Royal Canadian Sea Cadet Band for Best Out- of-Town Entry (not present), Saint John Port Corporation for Best Industrial Float, Forest Glen Community Centre for Best Marching Group, 527 Simonds Squadron Air Cadet Band for Best Marching Band (not present), Evandale Chapter of Ducks Unlimited for Best Non-Commercial Float, Simonds High School for Best High School Float, New Brunswick Community College for Parade Marshal's Choice, Jack Brewer for Best Individual Entry, Kennebecasis Valley High School for Best Overall Parade Theme Float (not present), and gave Honourable Mention to the Samuel-de-Champlain Centre, the Crescent Valley Cheerleaders (not present), UNBSJ, Carleton Community Centre Mini-Cheerleaders, and to Moosehead Skate To Care '95 (not present). Following a brief recess, the Council meeting resumed. 84-946 COMMON COUNCIL NOVEMBER 28, 1994 5. Municipal Plan Amendment and Re-ZoninQ 293-309 Lancaster Avenue Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from Medium Density Residential to District Centre Commercial classification, to permit the land to be re-zoned from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, and subsequent enlargement of the Castle Funeral Home (Fallsview), as requested by Castle Funeral Homes Ltd. 6. George J. Guy - Dangerous Or Unsightly Premises By-Law 242-244 Waterloo Street Notice had been forwarded to George J. Guy, owner of the parcel of land located between the south side of Waterloo Street and the north side of Brunswick Drive, to appear to show cause, if any, why Common Council should not find the building at 242-244 Waterloo Street to be dilapidated or deteriorated so as to be dangerous and unsightly and to require him to remedy the situation within such time as Common Council may set, either by demolishing the building at 242-244 Waterloo Street or by carrying out the work set out in the submitted Schedule "D". Consideration was given to a report from the City Manager advising that the wood-frame structure at 242-244 Waterloo Street (NBGIC Number 13466) is in an advanced state of deterioration, currently vacant, open and has been open to public entry for some time, and that there has been no response to the notices sent to the owner by mail and posted on the building and staff has been unable to contact the owner to discuss the building; expressing the opinion that the building would not be economical to repair; therefore, it is unlikely that the owner will make the necessary repairs to the structure as described in the submitted resolution as being $5,000 to $7,000 and which instructs the Building Inspector to serve notice to the owner giving him the option of making the repairs as noted or having the building demolished at his expense; and recommending that Common Council adopt the submitted resolution. Mr. Steeves stated that this building is extremely deteriorated and dilapidated and is in a dangerous conditions, and is vacant and wide-open to the public; and recommended that Council adopt the submitted resolution that the owner be ordered to either repair the building or demolish it. No person was present to speak in this regard. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the following resolution be adopted, namely:- WHEREAS the records in the Saint John County Registry Office show George J. Guy to be the owner of the parcel of land at 242-244 Waterloo Street in the City of Saint John, in the County of Saint John and the Province of New Brunswick, the said parcel of land being identified as Parcel 13466 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B" and being more particularly described in the Schedule "A" which was submitted hereto and was attached to the Deed to George J. Guy from W. Raymond Doyle In Trust which was dated December 6, 1993 and was recorded in the Saint John County Registry Office on December 9, 1993 in book 1685 as Number 390719 at pages 209-213; AND WHEREAS the property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there is located upon this property a building which is shown 84-947 COMMON COUNCIL NOVEMBER 28, 1994 on the submitted Schedule "C"; AND WHEREAS the building is dilapidated or deteriorated so as to be in a dangerous and unsightly condition, the particulars of such dilapidation or deterioration and such dangerous and unsightly condition are set out in the report of David Crawford which is dated September 26, 1994 and the further report to Common Council from the City Manager and others which is dated November 21, 1994; AND UPON READING and considering the opinion of Glen Tait, Fire Chief of the City of Saint John, set out in his letter dated October 5, 1994, and also the opinion of David J. Sherwood, Chief of Police of the City of Saint John, set out in his letter dated October 24, 1994: BE IT RESOLVED that George J. Guy is hereby required to remedy the dangerous and unsightly condition of the building within 15 days after a notice from the Building Inspector of the City of Saint John is served in accordance with section 190(4) of the Municipalities Act of New Brunswick, by either demolishing the building or by carrying out the following work: 1. Carry out work as is required to prevent easy access to the building's interior; 2. Remove any loose material from the ceilings which may present a danger to persons; 3. Clear the floors of all materials littering them; 4. Clear the basement of all material littering it; 5. Remedy the unsightly condition of the building by removing the salvaged material and plastic sheeting from the window frames and by closing up all exterior openings using materials and structure designed to resist prolonged exposure to the elements and constructed in such a manner so as to present a uniform appearance over all of the building; and 6. Prevent further deterioration of the structure by replacing any missing cladding using materials capable of resisting prolonged exposure to the elements: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve notice upon George J. Guy, in accordance with section 190(4), which requires him to either demolish the building or carry out the aforesaid work to remedy the dangerous and unsightly conditions within 15 days of the service of the notice: AND BE IT FURTHER RESOLVED that in the event that George J. Guy does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queens Bench of New Brunswick for an order which would authorize the City of Saint John to cause the building to be demolished at Mr. Guy's expense. Question being taken, the motion was carried. 7. Preservation Review Board - 1994 Annual Review & Proposed 1995 ProQram & BudQet Mr. Don Gillis, Chairman of the Preservation Review Board, was present at the meeting with regard to the Board's previously-submitted 1994 Annual Review and proposed Program and Budget for 1995 and, having recognized Board members Councillor Rogers and Ernest Wedge's presence, highlighted the Board's 1994 activities. Mr. Bezanson presented slides of construction activity on projects and of completed projects in the Preservation Area in 1994, as well as slides depicting Board members' involvement in preservation issues, and publications of the Board, and made the observation that the Board has submitted an operating budget reduced by 5% over last year. During discussion Mr. Gillis noted Council's previous endorsement of the Board's request for an amendment to the Provincial Heritage Preservation Act which would allow the Heritage Preservation Officer, Mr. Bezanson, to approve work on the site as long as it is of the type approved by the Board before; and advised that the 84-948 COMMON COUNCIL NOVEMBER 28, 1994 Board has filed a letter in support of the continuation of the Federal-Provincial URDA Program, and of the Board's efforts with respect to plaques for heritage buildings in the City. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the presentation on behalf of the Preservation Review Board with regard to the Board's 1994 activities and proposed Program and Budget for 1995 -- be referred for consideration in the 1995 budget. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's report (copies of which were distributed to Council members at this meeting) concerning a request for an easement for an encroachment upon Bryden Street be added to the agenda for consideration at this meeting as item 7 A. Question being taken, the motion was carried. *7 A. Easement Request - 63 Brvden Street Consideration was given to a report from the City Manager submitting correspondence from the Legal Department with respect to a request from Gary Lawson, solicitor for the owner/vendor of 63 Bryden Street, for an easement to permit the encroachment of a building at 63 Bryden Street upon Bryden Street; and recommending Council's adoption of the submitted resolution in this regard. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of Francis Jesso and Doris Jesso, the present owners, to permit the encroachment of the southern wall of their building at 63 Bryden Street upon the said Bryden Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor Higgins noted the work of the Saint John Salvage Corps and Fire Police and his attendance at the Corps' recent dinner; also noted the November 25 opening of the Business Resource Centre on King Street which houses Enterprise Saint John, the Fundy Region Development Commission, the Atlantic Canada Opportunities Agency, Uptown Saint John Inc., the Board of Trade, the Department of Economic Development and Tourism, and the Research and Productivity Council; commented on his attendance earlier this date at the New Brunswick Museum logo launch; and proclaimed December to be Lung Awareness Month, and December 1 as World AIDS Day in the City of Saint John. Councillor Rogers noted that the agenda of this meeting does not address the issue she broached at the last meeting relevant to the 1995 budget information becoming public concerning the commissions and boards, and also the information on several commissions' budgets received in her Council kit under Committee of the Whole item 28 concerning budget meetings with Council; and, having asked why the above-mentioned issue is not on the agenda of this meeting, advised 84-949 COMMON COUNCIL NOVEMBER 28, 1994 her intent to propose a motion that the public be invited to attend the meeting on Wednesday, November 28 in the Council Chamber at which time the commissions concerned will be making their budget presentations. Mr. Totten, having noted that the matter referenced by Councillor Rogers above was tabled at Council's last meeting to allow for further discussion in Committee of the Whole, made the observation that, while there was a slight discussion in this regard at the November 21 Committee of the Whole meeting, no motion was adopted; therefore, as a matter of course, neither he nor the Common Clerk, with whom he checked, would normally bring forth an item unless there was a Council resolution to that effect, although had Council given staff direction at that time, the matter would have been back on the agenda for public discussion. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the motion tabled by Council on November 21 concerning information on commissions' budgets being made public be taken from the table. Question being taken, the motion was lost with Councillors Chase, Coughlan, Knibb, McAlary, Trites and M. Vincent voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Romeo LeBlanc on his appointment as Governor-General of Canada and extend an invitation to him to meet with Council. The Mayor advised that, with regard to the suggestion that Mr. LeBlanc should be issued an invitation to officially open the 1996 Acadian Games in Saint John, he would discuss this with the Samuel-de-Champlain Centre, which spearheaded the Games, and incorporate the invitation in his letter to Mr. LeBlanc. Question being taken, the motion was carried. 9. Police Building Concept For Old General Hospital Site Consideration was given to a letter from Councillor Chase noting the City of Moncton's new downtown development with a $35 million City Hall project and another $7 million in convention, office and Hotel Beausejour facilities, as well as the events to date with respect to the Police building concept for the old General Hospital site in that it is still derelict, and Council's agreement for Mayor Higgins to continue talks with the Province towards a remedy to that situation; expressing the belief that a solid foundation must be laid by Council and the City administration to follow through to build a new Police facility before the millennium, and the new facility must be planned within a framework of no tax increase and should be examined in anticipation of a new regional police force coming into being at some future point; and making the observation that the new facility does not necessarily have to be on "hospital hill". Councillor Chase proposed that the City and the administration should build on what is available now with respect to a new Police facility and go through the necessary planning and procedures to finally and at last build a Police station by public tender at a reasonable point in the future, and that this issue be put back on the City's capital plan as a priority, with the question of an appropriate site for a Police facility to be part of the strategic planning process. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the whole matter of site selection and a new Police facility be referred through the City Manager to the capital 84-950 COMMON COUNCIL NOVEMBER 28, 1994 budget process. During discussion Deputy Mayor McAlary advised that she would not support a motion to make the Police, or any other, facility a priority of Council because, in her opinion, the tax rate would have to be raised to build a new Police facility at this time, and that the majority of the citizens do not want an increase in the tax rate; and Councillor Gould spoke on the motion on the basis of the current move by other governments in trying to address deficits and produce deficit-free budgets. Councillor Chase clarified his motion as stated above. Question being taken, the motion was carried with Councillors Gould and McAlary voting "nay". (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 10. Sand Cove Road Gravel Pit ReveQetation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to the report to Council on September 6 concerning a revegetation project being undertaken by J. D. Irving Ltd. on land known as the Government Pit located on Sand Cove Road between the Road and the Throughway, a number of citizens have had questions recently concerning the project; and apprising Council on this project -- be received and filed and the proponents of the project be commended for their innovative use of surplus material. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that Mr. William Borland, Director of Environmental Affairs of J.D. Irving, Limited, be invited to address Council at this time. Question being taken, the motion was carried. Mr. Borland appeared before Council and, in response to Council queries on the revegetation project in question, advised that the material being used is paper fibre from the newsprint mill on the East Side which, in the past, has always gone to landfill; commented on the successful use of the material and the intent to, over the next two weeks, complete putting down the organic material, leave it for the winter and till, fertilize and seed it in the spring so as to produce a green area in late spring or early summer. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the original motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 11. Proposed Galbraith Construction Limited Subdivision - 593-600 Wallace Court Consideration was given to a report from the City Manager submitting a copy of a report considered by the Planning Advisory Committee at its April 6, 1994 meeting concerning the proposed Galbraith Construction Limited subdivision at 593- 600 Wallace Court which proposed to extend an existing dead-end street with a proper turnaround and develop three additional residential lots; noting that Council, on April 11, 1994, considered this subdivision proposal as well as a letter from Jim Coloris who expressed a desire to participate with the developer and include additional lands abutting the Saint John Throughway into the subdivision proposal and referred the matter to the City Manager for a further report; and submitting a recommendation in this regard. 84-951 COMMON COUNCIL NOVEMBER 28, 1994 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council (1) not assent to the submitted subdivision plan of Wallace Court submitted by Galbraith Construction Ltd., but instead assent to the proposed staff tentative subdivision plan of Lots 94-1 to 94-3 with a reduced turnaround, as well as to any required municipal services and utility easements; (2) assent to the proposed turnaround that will be included into the public right-of-way of Wallace Court having a diameter of 100 feet; and (3) authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work and facilities, including a drainage plan for the approval of the Engineering Department. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. 12. Masonry Wall & Entrance To Drivewav At 21 Waterview Place Read a report from the City Manager advising that Mr. Peter Hebert, owner of 21 Waterview Place off Ragged Point Road, has constructed a decorative masonry wall structure at the entrance to his driveway and was unaware that a building permit was required for this size of wall until he was notified by a City Building Inspector after the wall was completed, and that, when the building permit was subsequently applied for, upon investigation it was found that a portion of the wall was within the City's road right-of-way, and that Mr. Hebert has requested the City to permit the existing location of the masonry wall; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Council issue to Mr. Peter Hebert a license to permit the location and maintenance of the existing masonry wall upon the Waterview Place right-of-way, subject to acquiring the necessary building permit and that Mr. Hebert will save harmless and indemnify the City from all loss, damage or injury caused by the presence of the masonry wall, that the City can terminate this license at any time with 30 days notice to the owner or upon removal of the said wall, that the owner is responsible for the removal or relocation of the wall if required by the City, and further that the Mayor and Common Clerk be authorized to execute such license. Question being taken, the motion was carried. 13. Social Security & Post-Secondary Education Reform Consideration was given to a report from the City Manager advising that the Government of Canada is launching a massive review of Unemployment Insurance, the Canada Assistance Plan (welfare) and the Child Tax Benefit Plan, and intends to revise its approach to post-secondary education spending, as indicated in the submitted Government of Canada Discussion Paper Summary "Agenda: Jobs And Growth - Improving Social Security in Canada"; and submitting a recommendation for the Mayor to make a presentation in this regard at the Parliamentary Committee Hearings in Fredericton on December 15-16. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the City of Saint John accept Human Resources Development Canada's suggestion that the Mayor make a presentation at the Parliamentary Committee Hearings in Fredericton on December 15-16, and that the City's 84-952 COMMON COUNCIL NOVEMBER 28, 1994 presentation be positive in nature, consistent with the Federal Government's very clear invitation to all Canadians for input before the rules of reform become hard and fast. Councillor Knibb suggested that more thrust should be given to the issue of seasonal employment in that any adverse affect from unemployment insurance on it would impact more harshly on the economy of the Maritimes than it will in other areas due to the size of its logging and fishing industries, and also that input should be obtained from both Dr. R. Miner, Vice President of UNBSJ, and the University students on their perception of the proposal to reduce the amount of spending for the higher education funding vehicle of the Federal and Provincial Governments and put more money into student loans; and the Mayor advised his intent to contact them in this regard. Deputy Mayor McAlary expressed the opinion that the Government cannot be allowed to completely cut out assistance programs, be it welfare or unemployment insurance, because of the effect it could have on the quality of life of those concerned, and the message should be given to the Government that, regardless of where it cuts, it still must maintain a quality of life for every citizen. Councillor Trites asked for the opportunity to review the draft of the brief before the Mayor's presentation. (Councillors Chase and A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 14. City Market Fee Structure On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Solicitor referring to Common Council's adoption at its November 14 meeting of a resolution dealing with the fee structure of the City Market, a portion of which directed the City Solicitor to make the necessary changes to By-Law C-115 to extend the fees in Schedule A for the year 1994 to June 30, 1995; and advising that an amendment is not necessary to implement Council's November 14 decision as, presently, section 5(2) of the Market By-Law refers to fees as set out in Schedule A which, in turn, says that certain fees become effective on January 1, 1994 and those fees are in effect until they are changed through a By-Law amendment -- be received and filed. Question being taken, the motion was carried. 15. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, November 21, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the submitted Human Resources Policy #704 "Deferred Salary Leave Program" be approved by Common Council. November 28, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 84-953 COMMON COUNCIL NOVEMBER 28, 1994 15(1). Deferred Salarv Leave ProQram On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 16. Board of Trustees of City of Saint John Pension Plan - Response To R. Thorne Letters On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Board of Trustees of the City of Saint John Pension Plan referring to Common Council resolution of November 7, 1994 referring to the Board two letters from Pension Trustee Robert R. Thorne regarding (a) monies owed the Pension Fund by the City; and (b) the application of "credited interest" to members' contributions; and advising that, with regard to the former, the Board is satisfied with Mr. Wilson's explanation, in the submitted letter, that the provision for the City to pay a minimum of 7% of salaries did not become law until the new Pension Act was proclaimed on May 12, 1994 and, as there is no provision for this to be applied retroactively, no monies are owed the Pension Fund by the City; and, concerning the latter, the Board advises that its actuary has confirmed that the proper interest is being credited to members' contributions -- be received and filed. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. 17(a). McAllister Place; (b) Betty Kidd In Support Of Marco Polo Project On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letters from (a) Mr. David Drummond, General Manager of McAllister Place, and (b) Betty Kidd, in support of the Marco Polo Project -- be received and filed with appreciation. The Mayor noted that Council will meet with Provincial Ministers Leo McAdam and Vaughn Blaney in Committee of the Whole on December 5 on the Marco Polo Project. Question being taken, the motion was carried. 18. Donald W. Smith - Two City-Owned Properties & Condition Of Fundv Drive & Duchess Street On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Donald W. Smith requesting that the City improve two City-owned properties in the Fundy Heights area of Saint John West as follows: (1) the standpipe which is located directly across from the Martello Tower; and (2) the rink building on the Beaconsfield Playground; and also requesting that City staff examine the area of Fundy Drive and Duchess Street which does not have any storm drains and the curbs are broken and in need of repair -- be referred to the City Manager. 84-954 COMMON COUNCIL NOVEMBER 28, 1994 Question being taken, the motion was carried. 18A. Knights Of Columbus - Placement Of Christmas Crib In KinQ's Square On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Bishop Lawrence S. McMahon Council No. 937 Knights of Columbus seeking Council's permission again this year to place in King's Square its replica of the Christmas Crib in early December and to remove it in early January, snow and weather permitting -- be received and filed and permission be granted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk