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2002-01-14_Minutes 88-816 COMMON COUNCIL JANUARY 14,2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of January, A.D. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; B. Cormier, Cultural Affairs Officer; C. Cogswell, Chief of Police; Ms. A. Poffenroth, By-law Enforcement Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Lloyd Lake of Trinity Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on January 7,2002, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Transit Commission (copies of which were distributed to the Council members at this meeting), regarding its 2002 operating grant, be added to the agenda of this meeting for consideration as item 2A. Question being taken, the motion was carried. *2A. Transit Commission - 2002 OperatinQ Grant Consideration was given to a letter from the Saint John Transit Commission highlighting its operating plan, further to its recent discussions concerning its 2002 operating grant and Council's decision to allot an additional $150,000, as follows: (1) there will be no changes made to weekday service (Monday to Friday), and all current routes and schedules, including Red Head and the Harbour Bridge, will remain the same; (2) Sunday and holiday service will remain unchanged; (3) Saturday service schedules will be adjusted and will maintain coverage of all Saturday routes, however, frequency of most routes will be reduced by approximately 30%, and service will continue on the East-West and University routes until midnight; and (4) it will not be necessary to eliminate the eleven employee positions as originally expected, however, the elimination of three employee positions through attrition is anticipated; advising that this operating plan does not necessitate a fare increase at this time and represents the most viable resolution to its current budget issues; and expressing appreciation for the support of Council in this matter. 88-817 COMMON COUNCIL JANUARY 14,2002 On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above letter from the Saint John Transit Commission be received and filed. Question being taken, the motion was carried. 11. Rescheduling Of Public Hearings For Re-Zoning Of 10 Tim Street And 185 Loch Lomond Road On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, due to a scheduling error by the Planning and Development Department, the February 11, 2001 public hearing date set at the last Council meeting for the applications for the re-zoning of property located at 10 Tim Street and 185 Loch Lomond Road were set incorrectly as the two Council meetings in February for public hearings and presentations are actually February 4 and 18, and recommending that Common Council reschedule the public hearings for the 10 Tim Street and 185 Loch Lomond Road re-zoning applications to Monday, February 18, 2002 at 7:00 o'clock p.m., and authorize the necessary advertising in this regard, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 12. Licence To Encroach Upon First Avenue (West) Consideration was given to a report from the City Manager advising that the principal of Hillside Motel Ltd. has approached the City to request the closure of an additional portion of First Avenue (Nest), a 167m2 portion of this undeveloped street located in West Saint John between Manawagonish Road and Fairville Boulevard having been stopped up and subsequently sold to Hillside Motel Ltd. in 1983 to accommodate a retaining wall for the motel parking lot and, as the retaining wall built to replace the one that collapsed two years ago encroaches on the remaining portion of First Avenue and the current owner of Hillside Motel Ltd. would like to retire and sell the business, the encroachment of the retaining wall is the only loose end; and also advising that, due to the presence of a sewer line, the owner was advised that staff could not support a recommendation to close a further portion of First Avenue (West), however, staff could support a licence for the retaining wall to encroach upon the street. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John give a licence to Hillside Motel Ltd., its successors and assigns to permit a retaining wall built upon PID 55021786 and First Avenue (West), an undeveloped street, to encroach upon the said First Avenue (Nest) as generally shown on the submitted plan upon the following terms and conditions: (a) the licence shall be for the life of the encroachment, (b) the licence fee shall be one dollar, (c) the City of Saint John reserves the right to repair, maintain, renew and operate the sewer line under and along First Avenue (West) and shall not be liable for any cost to repair or replace the retaining wall except in the event the City of Saint John, one of its agents or contractors acting negligently damages the aforesaid retaining wall, (d) in the event the retaining wall must be secured to facilitate the repair, replacement or renewal of the sewer line or appurtenances thereof, the cost of securing the retaining wall shall be borne by the licencee, its successors or assigns, (e) the licencee, its successors or assigns at its own expense shall during the term of the licence obtain and maintain a liability insurance policy (in an amount not less than two million dollars) co-naming the City of Saint John, and breach of this term shall be deemed forfeiture of the licence; and (f) the licencee, its successors or assigns shall indemnify and save harmless the City of Saint John from and against all manner of action, claims, demands, suits and loss of any nature whatsoever occurring out of, or in respect to the granting of the licence to encroach upon First Avenue (Nest); and further that the Mayor and Common Clerk be authorized to sign the licence. 88-818 COMMON COUNCIL JANUARY 14,2002 Question being taken, the motion was carried. 13. Harbourfront Greenwav DesiQn Services Consideration was given to a report from the City Manager referring to Common Council resolution of October 15, 2001 to provide funding to the Waterfront Development Partnership in the amount of $95,000 from the 2002 capital budget to undertake detailed design, engineering and environmental work for the Harbourfront Greenway project, and submitting a recommendation further to the call for proposals in this regard to which two design teams responded, one led by BDA, Basic Design Associates of Sussex, the other by Daniel K. Glenn Ltd. of Fredericton. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Common Council approve that Daniel K. Glenn Ltd. in association with the companies identified in the proposal, Saint John Harbourfront Greenway "Turnkey" Final Design Services, dated January 3, 2002, be engaged to undertake detailed design, engineering and environmental work for the Harbourfront Greenway Project, at a cost of $70,000 plus HS1. Question being taken, the motion was carried. 14. ZoninQ Bv-Iaw Amendment - Martha Avenue Properties On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-582 A Law To Amend the Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning those properties known as civic #554, 558, 562- 564,566,570,574,578, and portions of 582 and 586 Martha Avenue, (NBGIC Numbers 55066344,55066351,55066369,55066377, 55066385, 55066393, 55066401 and portions of 55057897 and 55066419) from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-582 A Law To Amend the Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-582 A Law To Amend the Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning those properties known as civic #554, 558, 562-564, 566,570,574,578, and portions of 582 and 586 Martha Avenue, (NBGIC Numbers 55066344,55066351,55066369,55066377, 55066385, 55066393, 55066401 and portions of 55057897 and 55066419) from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-582 A Law To Amend the Zoning By-law Of The City Of Saint John". 15. C. R. Waldschutz - Tax Rate And Honouraria On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from C. R. Waldschutz commending Council for the result of its budget deliberations and the resultant holding of the tax rate, and pleading with Council to follow through on its 88-819 COMMON COUNCIL JANUARY 14,2002 promise to eliminate honouraria for Councillors and to pass a by-law outlawing Council honouraria, be received and filed. Question being taken, the motion was carried. 16. GeorQe M. Betts - Decision To Close ABEC On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from George M. Betts advising that he is adding his voice to the chorus of protests at the decision to close the Aitken Bicentennial Exhibition Centre, and suggesting it is up to the elected body to safeguard this important arts, crafts and science facility, be received and filed. Question being taken, the motion was carried. 17(a) National Representative Of CUPE; (b) Saint John & District Labour Council - City Transit Service Consideration was given to (a) a letter from Bob Davidson, National Representative for the Canadian Union of Public Employees, suggesting, as an option for the Saint John Transit Commission to cutting its runs and reducing service, to charge the Provincial Government for transporting students to schools the same fare ($3.50 round trip) as they are charging taxpayers of Saint John who have to use city buses, not 54% of the fare ($1.60); and (b) a letter from Bill Farren, President of the Saint John & District Labour Council, opposing any cuts to the transit service that would affect a group's ability to function in the community as it is felt that the citizens who will be affected by the proposed cuts will be those who can least deal with the dilemma, being seniors, students, the working poor, people on fixed income and others whose way of life revolves around this form of transportation. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above letters be received and filed. Question being taken, the motion was carried. 18. Dominick Eden - Request To Speak Re By-law Enforcement & Creation Of Urban DesiQn Guidelines On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that with respect to the letter from Dominick Eden requesting to speak at the next Council meeting regarding the need for by-law enforcement and the creation of urban design guidelines, Mr. Eden be invited to speak at the next meeting of open session of Council but he be asked to submit a brief with his discussion points to the Common Clerk prior to his presentation. Councillor Trites advised his intent to move such a motion from now on in that, while the Council's Procedural By-law provided for a fifteen-minute presentation and that a brief be submitted ahead of time, not having a brief prior to Council meeting could necessitate the reading of a lengthy document at that time. Question being taken, the motion was carried. 18A. Enterprise Saint John - Sunday ShoppinQ Read a letter from Stephen Carson, General Manager of Enterprise Saint John, referring to the Sunday shopping debate in Moncton and the subsequent discussion by the Moncton Council to request the Province to allow businesses in that City to have the option to open on Sundays; advising that, while there are many arguments for and against Sunday shopping, he thought it important for Council to hear Enterprise Saint John's opinion from an economic development perspective that (1) if the 88-820 COMMON COUNCIL JANUARY 14,2002 retail sector were open on Sundays in Moncton and Saint John stores did not have the option, it would have a detrimental effect on the local retail sector, and (2) as a community, we compete head-to-head with other cities in New Brunswick on a regular basis for new retail opportunities; and suggesting that, if the City believes it is important to stay competitive in this sector and requests that the Province permit Sunday openings year-round, it should make that request as soon as possible in that, if stores were open in Moncton or other municipalities on Sundays, consumers would very quickly get in the habit of a Sunday drive up the highway to spend retail and entertainment dollars and this trend might be very difficult to break, even if this community were to follow suit with Sunday shopping sometime in the future. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letter from Enterprise Saint John be received and filed. The Mayor expressed the understanding that, being a member of Enterprise Saint John's Board and having spoken to some of the Board members, this was not a resolution of the Board, and, in noting that there were letters for the Council agenda next week from retail outlets in the City on this issue, suggested that Council should, in a public meeting, hear from both the retailers and citizens so as to get full information on how Sunday openings would affect the community. The Mayor noted that the issue of Sunday shopping was a Provincial issue under the Days of Rest Act and, rather than amend the Act, it was the Province's intent to deal with this issue by creating tourist destination areas; and during discussion Councillor Trites raised a point of order on the basis that the motion was to receive and file. Question being taken, the motion was carried. 3. Citizens' Advisory Committee Of The Saint John Community Correctional Centre/Parole Office Consideration was given to a report from the Citizens' Advisory Committee of the Saint John Community Correctional Centre/Parole Office advising of the service of such committees in a tripartite role of advisor, independent observer and liaison to the community for the various correctional facilities and parole offices run by Corrective Services, the Saint John Citizens' Advisory Committee having been in operation for over ten years with the responsibility of discharging these roles for both the Parrtown Community Correctional Centre (or more colloquially known as a "half-way house") and the Saint John Parole Office; and outlining its 2001 activities in terms of general business meetings, participation in the March Home Show as part of the larger "Canada" booth, initiative to educate the justice partners of the Centre, the recruitment of new members including a new member training package, its presence in the Parrtown Community Correctional Centre, and membership. The report also advises that one of the Committee's goals in discharging its responsibilities is the introduction and communication both to and from the public at large as to the current state of the centre to which it is attached, and the ferrying of information, opinions and concerns from the public at large back to the Corrections Service of Canada, and the purpose of this report was intended to continue that process by informing the community of the Committee's activities for the year. Steven Hinkley, Chair of the Citizens' Advisory Committee of the Saint John Community Correctional Centre/Parole Office, highlighted the above report, and acknowledged the presence of other Committee members at this meeting, as well as the District Director New Brunswick West, Corrections Canada. Mr. Hinkley advised that there were currently eighteen residents at the Parrtown Centre located on the corner of Hazen and Carleton Streets, which also housed the Saint John Parole Office, and in the year 2000-2001 the Centre and its associated Parole Office carried a payroll of approximately $900,000 and put some $1.85 million into the community with respect to its expenses and salaries, and spoke to the purpose of halfway houses in integrating offenders back into the community, as well to the reason for the creation of citizens' advisory committees to (1) advise Corrections Canada of the concerns of the community and, from an impartial third-person point of view, of what was happening within the institution that could be improved, (2) be impartial observers in the institution itself, and (3) be the liaison between the community at large and the population within the institution. 88-821 COMMON COUNCIL JANUARY 14,2002 The Mayor thanked Mr. Hinkley for his presentation and expressed appreciation for the Committee's work in the community. 7. Survey To Compare ShoppinQ In City Consideration was given to a letter from Councillor Teed regarding a recent radio broadcast and debate and a news article about businesses and the closing of stores in Uptown Saint John as well as how to encourage more shoppers to use the Uptown area stores, and suggesting that one factor which has been substantially overlooked is the difference between what can be termed day and all-shop shopping. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that Uptown Saint John Inc. be requested to undertake surveys or whatever action as will present a comparison of day and all-day shopping with a view of recognizing the differences and any methods of resolving the needs of each. Question being taken, the motion was lost, with a majority of the Council members present voting "nay". 8. Reference To Saint John As Cultural Wasteland Read a letter from Councillor Teed advising his concern after reading a letter to the Editor wherein Saint John was described as a "cultural wasteland". On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the City's Cultural Affairs Officer be requested to prepare an inventory of the many cultural features and activities which Saint John has so people may better understand and appreciate the City's positive position in the cultural field and be in a better position to promote the City whenever discussions involving culture take place. Councillor Titus expressed the understanding that the Cultural Affairs Officer already provided an inventory of this nature both in printed form and on the City's website. Question being taken, the motion was lost, with a majority of the Council members present voting "nay". On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that, through the City Manager, the Cultural Affairs Officer be requested to look at developing an information package letting citizens know that such an inventory is available and how to access it. Question being taken, the motion was carried. 4. Alan Benton - Traffic At Simms Corner Alan Benton of 127 Horsier Drive appeared before Council and, through an overhead presentation including a sketch (a copy of which he advised he would make available to Council), put forth a concept for a traffic circle at Simms Corner as the safest and most cost-effective solution to the traffic problem there, having noted the other options of doing nothing or installing traffic lights; and advised that the benefits he would see with the installation of a traffic circle included pedestrian and motorist safety, financial savings with a minimal outlay required to install the circle, conformity in that the direction of the traffic would be uniform going in the same direction, and less frustration both for tourists and Saint John residents. Mr. Benton noted that there would be costs associated with this concept in terms of installation and communication of the new traffic pattern; and recommended that the City of Saint John assess the cost and benefits of the circle and, if the cost and benefits were acceptable to the City, install the traffic circle in the spring of 2002. 88-822 COMMON COUNCIL JANUARY 14,2002 On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the presentation by Alan Benton of a concept for a traffic circle for Simms Corner be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 6. Notice To Appear Re BuildinQ At 153 OranQe Street Notice had been given to Robert F. Bontaine and Liesje E. Bontaine to appear to show cause, if any, why Common Council should not find the Bontaine building located at 153 Orange Street to be in a dangerous and unsightly condition, and also to require Robert F. Bontaine and Liesje E. Bontaine to remedy the condition, within such time as Common Council may set, by either (1) demolishing the Bontaine building and removing the debris, or (2) securing the building, with materials that present a uniform appearance, against entry by children or other trespassers and, after having obtained any necessary building permit, carrying out the necessary work described in the inspection report as being necessary to restore the Bontaine building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager advising that the building located on the property at 153 Orange Street (NBGIC Number 11643) is a two-storey woodframe structure and the title search of the property indicates that the registered owners are Robert F. Bontaine and Leisje E. Bontaine, the building having been vacant for approximately one year and having become dilapidated and deteriorated so as to be in a dangerous and unsightly condition, posing a danger to the public and the neighbourhood because it is open to the public and suffers structural instability; also advising that the unsightly condition of the property, as well as the deteriorated and dangerous condition of the building, results in potential danger to neighbours and children in the immediate vicinity as well as any transients; and referring to By-law Enforcement Officer Amy Poffenroth's submitted inspection report dated November 1, 2001 which sets out the particulars of the condition of the building. The report further advises that the property has been listed for sale since September 2001 at an asking price of $24,900 and, should it sell, any new owner would have to demolish the building as it would not be economically prudent to attempt repairs, and also that staff has been informed that, due to the property owners' health, they have moved to Calgary, Alberta where they currently reside with their daughter, Elizabeth Fielding, who advised that her parents do not have any money to repair or demolish the building; and includes a copy of the Notice to Appear, a copy of which was also posted on the building at 153 Orange Street on December 14, 2001, and as well as a copy of the supporting documents served on December 21, 2001 to Elizabeth Fielding, who has power of attorney for her parents' affairs authorizing her to act on their behalf, and a copy of the affidavit of service; and recommends that Common Council adopt the submitted resolution instructing the Building Inspector to serve notice upon the owners giving them the option of either demolishing the building and removing the debris or carry out the work as noted and, in the event the owners did not comply with the notice, directing the Building Inspector to apply to the Court of Queen's Bench of New Brunswick for an order which would (a) require the owners to either demolish the building and remove the debris or carry out the work as noted and, in the event that the owners did not comply with the Court order, (b) authorizing the City of Saint John to cause the building to be demolished and the debris removed at the expense of the owners. Mr. Edwards, through a computer-aided presentation including photographs of the subject building, apprised Council of the dangerous and unsightly condition of the building as indicated in the above correspondence, and advised that, even before the Bontaines left the building, his office had discussions with them over a number of years dating back to January 1996 related to minimum property standards issues and it would appear that the Bontaines had neither the money nor the inclination, or perhaps the skills necessary, to maintain the building to any particular standard. Mr. Edwards also advised that, while normally he would advise Council that nothing is beyond repair and while this is true in this instance as well, clearly it was his opinion that it was not economical to try to repair this building and it would be far less expensive to tear it down and start again; however, the recommendation in the City Manager's report, if adopted, would give the owners the opportunity to either repair or demolish the building. 88-823 COMMON COUNCIL JANUARY 14,2002 On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Robert F. Bontaine and Liesje E. Bontaine to be the registered owners of the freehold title to the parcel of land (herein called "the Bontaine property") that is located at 153 Orange Street, Saint John, N.B. The Bontaine property is designated as Parcel Number 11643 on the portion of the PLANET map that was submitted as Schedule "B". The Bontaine property is more particularly described in the Schedule "A" that was submitted and was attached to the deed from Beneficial Realty Ltd. to Robert F. Bontaine and Liesje E. Bontaine that is dated August 18, 1993, and was registered in the Saint John County Registry Office on August 23, 1993, in book 1664 as number 388280 at pages 75-78. The PLANET parcel information report that was submitted as Schedule "C", and the PLANET property assessment information report that was submitted as Schedule "D", show Robert F. Bontaine and Liesje E. Bontaine to be the owners of the Bontaine property; AND WHEREAS the Bontaine 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 the two-storey woodframe building (herein called "the Bontaine building") shown on the submitted Schedule "E" is located on the Bontaine property and is, contrary to the By-law, in a dangerous and unsightly condition as a result of dilapidation or deterioration. Submitted as Schedule "F" was a copy of a report, dated November 1,2001, by Amy Poffenroth, BScE, By-law Enforcement Officer for The City of Saint John, with respect to her inspection of the Bontaine building on October 24, 2001, wherein she describes the exterior and interior dangerous and unsightly conditions that she observed. The building presents a danger to persons passing near to it and to persons entering the building, including trespassers and children, as well as firemen, policemen and emergency services persons who may have to enter for emergency purposes. The building is open to easy entry and there is no interior lighting. Significant structural problems are indicated by the fact that the rear ell portion is pulling away from the main structure, and the rear shed portion is pulling away from the rear ell, and the floors are significantly heaved and sloped. Various ceilings are in stages of bulging and collapse. The second storey deck is rotted with holes in its floor and a railing that is not secure. Floors and stairs have considerable amounts of debris on them, creating a condition where people may trip and fall. Broken glass in windows may fall out and injure persons passing near to the building. The exterior appearance of the Bontaine building is unsightly as a result of deterioration and broken windows; AND WHEREAS, contrary to the By-law, the Bontaine building is in a dangerous and unsightly condition as a result of deterioration or dilapidation; AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, BScE, that was dated November 1, 2001, and was submitted as Schedule "F", (b) the report by the City Manager and others that was dated January 9,2002, and (c) the report from Thomas White, Divisional Chief, Saint John Fire Department, that was dated December 4, 2001, and was submitted as Schedule "H", and (d) the oral report of Mr. William Edwards, P.Eng., who is the Building Inspector for The City of Saint John, we find that the Bontaine building is deteriorated or dilapidated so as to be in a dangerous and unsightly condition: BE IT RESOLVED that Robert F. Bontaine and Liesje E. Bontaine are hereby required to, within 15 days after a notice from the Building Inspector is served on them in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Bontaine building by, after obtaining any permits that may be required under the Saint John Building By-law and other legislation, either demolishing the Bontaine building and removing all of the debris and other unsightly items from the Bontaine property or by carrying out the following work: 88-824 COMMON COUNCIL JANUARY 14,2002 1. Secure the building, with materials that present a uniform appearance, against entry by children or other trespassers, and 2. Remove the debris from the stairs and floors, and 3. Identify and remedy any structural problems, and 4. Repair or securely cover the holes in the exterior deck, and 5. Replace any rotted wood in the exterior deck, and 6. Repair and secure the railing on the exterior deck, and 7. Secure the ceilings and remove any materials that are hanging from them, and 8. Remedy the unsightly condition of the exterior of the building by either repairing the glass in the windows or by covering the windows with materials that present a uniform appearance, and by, as appropriate, repairing or replacing and/or painting the shingles and sill and trim: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Robert F. Bontaine and Liesje E. Bontaine, in accordance with section 190(4) of the Municipalities Act, a notice that requires them to, within 15 days of being served, remedy the dangerous and unsightly of the Bontaine building and the Bontaine property by either demolishing the Bontaine building and removing all of the debris and other unsightly items from the Bontaine property or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event Robert F. Bontaine and Liesje E. Bontaine do not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Robert F. Bontaine and Liesje E. Bontaine to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the Bontaine building by either demolishing it and removing the debris from the Bontaine property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the Bontaine building to be demolished and the debris removed at the expense of Robert F. Bontaine and Liesje E. Bontaine in the event that Robert F. Bontaine and Liesje E. Bontaine do not comply with the Order. During discussion Councillor Fitzpatrick expressed concern about the length of the process and the cost to the City in pursuing an action of this nature and proposed an amendment to the motion to include a referral of the City Manager's above report to the Minister of Environment and Local Government who might see fit to pursue an amendment to the Municipalities Act to expedite the process so that a building in this condition would not be allowed to continue, and the Mayor suggested that a separate motion could made after dealing with the motion on the floor. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that a copy of the report from the City Manager regarding the dangerous and unsightly condition of the building located at 153 Orange Street be forwarded to the Minister of Environment and Local Government to encourage her to pursue an amendment to the Municipalities Act with respect to expediting the process and recouping costs. Councillor Fitzpatrick suggested that amendments to the Municipalities Act should be pursued one at a time as opposed to changing the whole Act. Question being taken, the motion was carried. 5(a) Post Arts Summit Steering Committee (b) Tim Blackmore, (c) Peter Buckland Summary Report Of March 2001 Arts Summit & VisioninQ Session - Arts And Culture 5{a) Consideration was given to a letter from Michael D. Wennberg of the Post Arts Summit Steering Committee submitting a summary report of the Saint John Arts 88-825 COMMON COUNCIL JANUARY 14,2002 Summit & Visioning Session held on March 30, 2001, as well as a copy of a draft by-law to appoint the Greater Saint John Arts & Cultural Board. 5{b) Consideration was also given to a letter from Tim Blackmore asking for the opportunity to present to Common Council a petition signed by citizens of Saint John and surrounding municipalities in support of the creation of a regional arts centre facility to be located in the building at 20 Hazen Avenue, formerly the Aitken Bicentennial Exhibition Centre. 5{c) Consideration was also given to a letter from Peter Buckland referring to his previous letter to Council requesting to speak about his concern over cuts to the arts and culture sector in Saint John, and re-iterating his request to speak, in tandem with the report from the Post Arts Summit Steering Committee. Peter McKelvey, Co-Chair of the Post Arts Summit Steering Committee, addressed the need to add and maintain arts in the community on the basis that artistic development is a vital part of any community development and an integral part of the whole depth and breadth of a community experience, as well as to keep young people in, and attract people to, the City; and commented on Saint John's rich cultural heritage and architectural beauty. Mr. McKelvey introduced Gillian Sauerteig, a grade six student at Barnhill Memorial School, who played a movement from Bach's Suite no. 1 from an unaccompanied violin cello, as an example of how the artistic heritage was being passed on in the City. Michael Wennberg, Co-Chair of the Post Arts Summit Steering Committee, referred to the above-mentioned summary report on the Saint John Arts Summit & Visioning Session at which five major needs were identified for the support of arts and culture in Greater Saint John, two of which were the need for a central arts and cultural board and the need for a regional arts centre facility; and advised that the focus of the Summit Steering Committee's request to Council at this time would be specifically on the first of those two needs, being the establishment of what the Committee was calling a Greater Saint John arts and culture board, noting the draft by-law submitted with the summary report. Mr. Wenneberg made suggestions on the membership for such as a board and the type of support it would require, as well as its relationship with the City's Cultural Affairs Officer by working in conjunction with him but not intended to duplicate City resources; and advised that, if Council saw fit to proceed with the Committee's recommendation, the Committee would hope to have an opportunity to work closely with City staff to make any necessary refinements to the by-law. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the presentation on behalf of the Post Arts Summit Steering Committee be referred to the City Manager, the Saint John Art Advisory Board and the Legal Department. Councillor Fitzpatrick proposed an amendment to the motion, which was seconded by Councillor Court, to also refer the matter to the Saint John Art Advisory Board and the Legal Department, and the mover and seconder of the original motion agreed to add this to it. Question being taken, the motion was carried. 5{b) Tim Blackmore presented the Mayor with a petition which, he advised, included 1,113 signatures in support the former Aitken Bicentennial Exhibition Centre building becoming the home of an art centre facility, and requested that the City of Saint John refrain from entering into any long-term arrangement for the commercial use of this building if by sale, lease or otherwise so as to allow an opportunity for interested, non- profit community groups to bring forward reasonable proposals for the future use of this important heritage building. 88-826 COMMON COUNCIL JANUARY 14,2002 5{c) Peter Buckland appeared before Council and, reading from a prepared brief (copies of which were distributed to the Council members at this time), expressed the view that the current crisis with regard to funding for the arts compels people to regard its importance to community life and also to ask what role government must play in providing for the arts; and asked for recognition of the role the arts play in making the City a good one and for vision in terms of long-range planning in this regard. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the presentations by Tim Blackmore and Peter Buckland on the issue of arts and culture in Saint John be referred to the City Manager. Question being taken, the motion was carried. 9. Petition Re GarbaQe Removal - Rotarv Court / Newman Street On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Court submitting a petition from the tenants of Saint John Non-Profit Housing at 1-24 Rotary Court and 1-15 Newman Street about the lack of garbage removal as they are apparently not entitled to City pick-up, and asking for help in finding a solution to excess garbage from the overflow each week, be referred to the Deputy Mayor, Council's representative on the Board of Saint John Non-Profit Housing Inc. Question being taken, the motion was carried. 10. ForthcominQ Presentation Bv Harbour BridQe Authoritv Read a letter from Councillor Fitzpatrick requesting, as Chair of the Saint John Harbour Bridge Authority, for him and the General Manager of the Authority to make a presentation on the Harbour Bridge in open session of Council. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Councillor Fitzpatrick, Chair of the Saint John Harbour Bridge Authority, and the General Manager of the Authority be invited to make a presentation to Council subject to submission of their brief. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk