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1990-04-02_Minutes 82-306 COMMON COUNCIL APRIL 2,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of April, AD. 1990, at 4:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor, Esquire Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J.C. MacKinnon, Commissioner of Environment and Infrastructure Services; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; B. Sheridan, Director of Parks; R. Russell, Superintendent of Rockwood Park; M. Hanlon, Purchasing Agent; B. Malone, Planning; E. Farren, Executive Assistant to the City Manager; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Pastor Kenneth A MacLaren of Bethany Pentecostal Church offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on March 26, 1990, be approved. Question being taken, the motion was carried. Deputy Mayor Gould and Councillor Davis commented on their representations on behalf of the City at an opening of a new Lockhart Beaver Lumber Centre on McAllister Drive and the GEMS Chess Challenge for school children, respectively; and Councillor M. Vincent extended congratulations to the Simonds High School hockey team which won the Southeastern Interscholastic Hockey Conference, and to Saint John Speedskaters, Darryl McLenaghan and Katie Reynolds, for their record-breaking performances in the peewee divisions of the Canadian Amateur Speed Skating Association's national event in Fredericton. (Councillor Knibb entered the meeting during the above comments.) On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend congratulations to Darryl McLenaghan and Katie Reynolds for their record-breaking performances in the Peewee Divisions of the Canadian Amateur Speed Skating Association national event. Question being taken, the motion was carried. Deputy Mayor Gould ruled out of order Councillor Fitzpatrick's reference to a letter from Her Worship Mayor Elsie Wayne which appeared in the March 30, 1990 edition of The Evening Times-Globe newspaper in which she stated that the previous Council overrode the democratic process by voting in favour of fluoridating the City's water supply and, with respect to Councillor Fitzpatrick's comment that he was raising such matter on a question of privilege, Deputy Mayor Gould replied that, if Councillor 82-307 COMMON COUNCIL APRIL 2,1990 Fitzpatrick wished to place such matter on the agenda, it would be necessary to follow the Council Procedure By-Law and he requested that, while in his opinion Councillor Fitzpatrick would be well advised to hold his comments until the Mayor is present if such matter concerns the Mayor, unless Council overrules the chair, Council proceed with the agenda of this meeting. Deputy Mayor Gould noted the beginning of the fund-raising campaign for the New Brunswick Division of the Canadian Cancer Society and, at the Deputy Mayor's invitation, Mr. Farren addressed Council concerning the 1990 fund-raising campaign on behalf of the New Brunswick Division and Saint John Kings Unit of the New Brunswick Cancer Society and noted the presence in the Council Chamber of Commodore Gerald Peer, who is the head of the campaign. (Councillor Fitzpatrick withdrew from the meeting during the above comments). Deputy Mayor Gould proclaimed the month of April 1990 to be National Weight Loss and Volunteer Recognition Month, and the week of April 8-14, 1990 to be National Wildlife Week in the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the copy of the response from the Assistant City Manager - Operations to a letter to the Mayor and Council from Mrs. Kay R. Owens of 52 St. Anne Street (copies of which were forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne recommending that the submitted letter from Conseil Communautaire Samuel-de-Champlain Inc. requesting funds in the amount of $900 to help finance 1990 Festival Acadien be referred to the grants committee. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a grant of $900 be approved to help finance the 1990 Festival Acadien. Councillor Flewwelling withdrew his proposed motion to refer the above matter to the grants committee upon Councillor Knibb's suggestion that a grant should be approved as in previous years. (Councillor Fitzpatrick re-entered the meeting) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, with regard to the March 5 request to Council of Mrs. Cathy Akerman for a parking restriction and sidewalk upgrading on Goodrich Street, staff received calls from several other residents objecting to any parking restriction, and further that, to date, there has been no operational difficulties with the street; and also advising that it is expected that Goodrich Street, which is presently listed in the proposed capital budget as a priority three item at an estimated cost of $115,000 could be upgraded in the near future and, when upgrading does occur, it is conceivable that new curbing and sidewalks could affect street widths which would then lead to concerns respecting on-street parking; therefore, staff would prefer to wait until upgrading is in progress before undertaking an evaluation of parking regulations for the area, particularly in view of expressed opposition to any parking restrictions by other 82-308 COMMON COUNCIL APRIL 2,1990 residents on the street -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that in accordance with the recommendation of the City Manager and the Chief of Police, the warrant of Mr. Mark Boyce for membership in the Saint John Salvage Corps and Fire Police be cancelled. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the following tenders be accepted for the supply of automotive batteries on an as-required basis for a 12-month period, as indicated in the submitted bid summary:- Commercial Equipment Ltd. for items 1, 2 and 3 in the amounts of $57.20 each, $61.18 each and $79.15 each, respectively; AP.M. Ltd. for item 4 in the amount of $139 each; and Downey's Ltd. for item 5 in the amount of $61.95 each. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager advising that, of the five tenders received for one of the two 450 horsepower electric motors at the Spruce Lake water pumping station, one was not signed and did not have the necessary bid deposit and, therefore, is not considered herein; also advising that a review of the tenders indicated that delivery could not be made before 20 to 28 weeks and that, given the urgency of replacing the defective motor so as to ensure continuous service in the event of a failure to the one remaining motor, staff has deemed the delivery dates quoted to be unacceptable; further advising that it is staff's opinion, in this instance, that it is possible to obtain a motor to meet specifications in a much shorter timeframe, thereby reducing the problems associated with a potential breakdown of the motor which remains in service; and recommending that (1) all tenders received be rejected; (2) staff be authorized to enter into negotiations with various suppliers to obtain a replacement motor, with availability being one of the major factors; (3) staff be authorized to place an order for a replacement motor; and (4) staff report to Council within two weeks on its actions -- be received and filed and the recommendation adopted. Mr. Hanlon advised that staff will approach the tenderers named in the above report as well as any other suppliers to determine if a unit can be found to meet the City's specifications and be available in a much shorter time period, and explained that, as some of the above tenderers may be protecting themselves by quoting longer delivery periods because of the bid deposits tied to delivery dates, negotiating with them further could result in a shorter time period for delivery; and Mr. Robichaud explained that, if anything should happen to the existing electric motor which is currently in operation at the Spruce Lake site, operation of the diesel stand-by motor would have to begin which requires manning twenty-four hours a day; therefore, it is in the City's best interest to replace the electric motor as quickly as possible. The mover and seconder of the above motion declined the Deputy Mayor's request to add to such motion that staff negotiate first with the low tenderer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Jordive Ltd. be accepted for supplying T.V. sewer inspection service on an as-required basis for the period of one year at the following 82-309 COMMON COUNCIL APRIL 2,1990 prices:- "A" Black & White - price per hour - $60; price per foot $.45; "B" Colour - price per hour - $65; price per foot - $.50. Mr. Hanlon, in response to Councillor Fitzpatrick, explained that, while the Melanson's Waste Management Inc. tender is slightly lower in price, this Company lacks, at the present time, the equipment to perform this work and the experience in this type of contract, although it has the necessary equipment on order and expects to take delivery of same within the next week; and Mr. Robichaud advised that, although Jordive Ltd. did not have experience with the City when first awarded the contract, this Company had experience in other areas. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Stanchem/CIL be accepted for supplying liquid chlorine from April 1 , 1990 until March 30, 1991, at a cost of $101.32 per 68-kilogram cylinder, and $494.42 per 907.2-kilogram cylinder. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising, that further to Council's October 2, 1989 resolution to twin with a municipality within the Province under the Provincial Community Exchange Program, the City has investigated municipalities and the Town Council of Caraquet has agreed with the City's request to twin, and that staff will now be contacting the Province and staff of Caraquet to put this program in order -- be received and filed. Mr. Taylor advised that, having discussed the above matter earlier this date with the Mayor of Caraquet, the Town of Caraquet has set up a committee with which the City of Saint John will be communicating in the near future with respect to involvement in activities and that Council will be advised of such activities within the next two weeks. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from the City Manager submitting a report from the West Side Preservation and Development Association of fire protection services for West Saint John which follows the March 28, 1990 meeting of City staff with representatives of this Association and the Manawagonish Ratepayers' Association with respect to the proposed expropriation of Ready Street as the site for the replacement of #7 Fire Station; expressing the opinion that, as a proposal has not yet been received from the Manawagonish Ratepayers' Association, the submitted report should be referred to the City Manager; and recommending that the report from the West Side Preservation and Development Association be referred to the City Manager and the matter of expropriation of Ready Street, which was tabled at Council's last meeting be tabled until April 9, 1990 -- be received and filed and recommendation adopted. Councillor Coughlan asked the City Manager to take into account that possibly some other means could be considered to assist Council in its decision with respect to West Side fire service, for instance, an independent source could be consulted in this regard; and, in response to Councillor M. Vincent's query as to whether or not Council will receive a recommendation from staff on the disposition of 82-310 COMMON COUNCIL APRIL 2,1990 the matter and if there will be further study and what staff foresees as a result of the forthcoming April 9 report, Mr. Taylor replied that Council will receive a report from the City Manager recommending that the City continue with the expropriation procedure for a site to replace #7 Fire Station which is the area in which staff is currently involved. Councillor Davis expressed opposition to tabling the matter further on the basis that, in his opinion, nothing improper has been done by City staff who has carried out detailed and careful study of the matter and there is nothing in the above report which changes his mind in this regard. Councillor Flewwelling suggested that the City Manager's report should be governed by the contents of the reports from the groups making presentations to the City, along with the report concerning the suggested locations, and Mr. Taylor clarified that, having received a report from one group and in anticipation of a report from the other group involved, it is his intention to take all the information into consideration for a report to Council which will answer some of the questions presented by the groups and submit a recommendation in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City Solicitor regarding the presentation of Mr. Eric L. Teed, Q.C., solicitor for Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., at Council's last meeting concerning the present wording of the City's Pension Act in that it might not give pension coverage to a number of the members of the Saint John Police Force; expressing the opinion that any existing pension and other rights and benefits of members and civilian employees of the Saint John Police Force were not affected by the establishment by Council of the Board of Police Commissioners and, while it is true that the status of municipal police officers and their relationship to the municipality and/or the Board of Police Commissioners is different from ordinary employees and other officers and servants of a municipal corporation, this special status does not mean that members of the Police Force and civilian employees do not enjoy the ordinary employment benefits that flow from a normal employer/employee relationship; explaining his opinion in this regard; and concluding that the only reason he cannot speak with certainty is because opinions given deal with probabilities and not certainties and, consequently, under present legislation, it is farfetched and very remote that any court of law would single out any portion of the Saint John Police Force and remove it from the Saint John Pension Act and the benefits they enjoy together -- be received and filed and a copy be forwarded to Local No. 61, C.U.P.E., the Saint John Board of Police Commissioners, and the Board of Trustees of the City of Saint John Pension Plan. Mr. Rodgers explained that, in expressing the opinion that he has no reason to suspect or believe that members of the Saint John Police Department are anything else but fully recognized as being eligible for pension, he is so doing with as much certainty as he can in the circumstances because the Police Act is clear in that the municipality is the employer with respect to labour relations and the law is clear that police officers are not employees at all with respect to the general enforcement of the law, and there is nothing to indicate that they do become employees in the very narrow area of remuneration and pension benefits just simply because there is a Board in existence and that, if there is a problem, it goes back to before the time the Board came into existence and, with regard to the question of whether there is any way in which the City Solicitor could be any more certain than what he is at the present time, Mr. Rodgers replied that the only way he could be more certain is to have the Pension Act amended to say that the definition of employee includes members of the Police Force and civilian employees and that such legislation be retroactive to the beginning of pension legislation in the City of Saint John which would be the 1930's and 1940's; although he would caution Council in making such a recommendation to the Pension Board for the reason that, in his opinion, it is an over-reaction to a question that brings into focus all of the former members of the Saint John Police Force who have gone to pension over the years, those who are receiving pensions and dependants who are receiving pensions and that he does not believe that any court would say that those rights have been affected simply because a Police Board has been created; however, if Council is looking for certainty, a legislation amendment would remove the question from the area of opinions and cover what Mr. Teed has raised. Mr. Rodgers suggested 82-311 COMMON COUNCIL APRIL 2,1990 that, if Council wishes to make such a recommendation to the Pension Board, Council should at least give the matter further study prior to passing a definitive resolution on proceeding and also that, as the Pension Board's solicitor should be involved in such matter, it would be in order to request the parties to which his letter is being referred to review the question of a legislative change. Question being taken, the motion was carried. Read a letter from the City Solicitor expressing the opinion that, further to the presentation on behalf of the Saint John Fish and Game Protective Association at the last meeting regarding its lease for premises in the Lily Lake Pavilion, from a re- examination of the correspondence relating to the 1957 lease between the Saint John Horticultural Association and the New Brunswick Fish & Game Protective Association, Saint John Branch, as well as other correspondence, the City is not in any legal position to recognize any lease document except the 1957 lease which provides for the term of thirty-three and one third years from the first day of January 1957. The letter explains that a notice should be sent to the tenant advising that the City does not wish to renew the existing lease and that the tenant must remove itself not later than the end of April 1990 and that failure to give such notice may entitle the tenant to successfully argue that it has become an over-holding tenant which, if successful, would mean that the tenant would be deemed to be over-holding as a tenant from year-to-year; noting the recommendation of the City Manager which was tabled by Council on March 26, 1990, and suggests that, because of the position being taken by the Saint John Branch of the Association, Council should be careful of any action that would entitle the tenant to successfully argue that he is an over-holding tenant; and recommends adoption of the submitted resolution should Council be desirous of ending the present tenancy, the adoption of which would not prevent the City Manager and the appropriate staff from negotiating with the Fish & Game Association terms and conditions in which the Association may stay in the premises beyond April 30, 1990 and, if such negotiations are successful, the matter would then be brought back to Council by the City Manager at a later date. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that notification be given to the New Brunswick Fish & Game Association, Saint John Branch, that the City does not wish to renew the existing lease and that the New Brunswick Fish & Game Association, Saint John Branch, must vacate the demised premises by the end of April 30, 1990. Mr. Rodgers explained that, if the above resolution is not adopted, the Fish & Game may acquire rights it does not possess and that the resolution will accomplish what the 1957 lease is doing in that it is terminating the lease, and further that, if the City Manager and appropriate staff wish to negotiate with officials of the Association and work out a satisfactory arrangement, the City Manager would subsequently report to Council in this regard; however, in his opinion, Council should not adopt the City Manager's above-mentioned recommendation at this meeting until it is determined what arrangements can be satisfactorily negotiated with the appropriate Association officials. Councillor Fitzpatrick asked if, in accordance with Common Council resolution of March 26 in this regard, there has been any discussion within the last week with the Saint John Fish and Game Protective Association to which Messrs. Taylor and Rodgers replied in the negative, and Mr. Robichaud advised that, after discussion with the City Solicitor, it was considered inappropriate to approach the Association because of the Legal Department's position in that the above resolution is different from what staff had intended to do and, therefore, staff felt it should not meet with the Association to discuss anything until Council has made a decision on the above motion. Mr. Rodgers added that he would have advised the City Manager and staff not to negotiate with the Association until Council dealt with the above resolution; however, there is nothing to prevent the City Manager and staff from meeting with the Association, upon adoption the above resolution, in an attempt to reach a compromise, with both parties having clearly stated their legal positions, on what will take place after April 30, and that it would have been difficult to negotiate in this manner while the Association was still attempting to recognize a 99-year lease. During ensuing discussion Mr. Sheridan responded to Council queries 82-312 COMMON COUNCIL APRIL 2,1990 concerning the ownership of the Lily Lake Pavilion and payments made by the Association for lease of the premises, the future proposal for Rockwood Park and the Lily Lake Pavilion based on the Rockwood Park Master Plan, the reason why it was necessary to resolve the lease of premises by the Association in order to proceed with proposals for the Pavilion, and the City's efforts to date in terms of assisting the Association to relocate or to do something else with respect to its own facility; and Mr. Rodgers clarified that adoption of the above resolution would mean that any occupancy of the Association after April 30, 1990 would be because of negotiations satisfactory to the City from this point forward. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager be instructed to continue negotiations with the Fish & Game Association. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Crestwood Holdings and Realty Ltd. have been completed, and that the required waiting period for written objections expired on March 28, 1990, with a written objection having been received from the solicitors for Mr. Edward Ferguson. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Crestwood Holdings and Realty Ltd. for a Municipal Plan amendment and re-zoning of 170 Ashburn Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 7, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 respect to the closing of a portion of the following highway:- ALBERT STREET WEST: All that certain lot piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick being that portion of Albert Street, bounded and described as follows: Beginning at a point, the said point being the intersection of the southern sideline of St. James Street with the western sideline of Albert Street, and going thence in a southeasterly direction along the said western sideline of Albert Street, a distance of 67.1 feet more or less to the rear of a lot of land described in a deed from Sadie Lockhart to George S. Little and Dorothy Little and registered in the Saint John County Registry Office in Book 635 at Page 466-469 as No. 226988, thence in a northeasterly direction to a point on the eastern sideline of Albert Street measured southeasterly 63 feet more or less from the intersection of the southern sideline of St. James Street with the eastern sideline of Albert Street as shown on a plan filed in the Saint John County Registry Office as File 15 No. 147; thence in a northwesterly direction, along the said eastern sideline of Albert Street, 63 feet more or less to the aforesaid intersection; thence in a southwesterly direction across the width of Albert Street to the place of beginning - be read a third time and enacted and the Corporate Common Seal be affixed thereto. 82-313 COMMON COUNCIL APRIL 2,1990 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. Deputy Mayor Gould called for a motion to withdraw, at the City Manager's request, recommendation 4 of the March 26 Committee of the Whole report concerning nominees to boards of arbitration of Local No. 61, C.U.P.E. grievances, and Mr. Taylor clarified that this request is made on behalf of the Police Department and Commissioner of Human Resources relative to negotiations. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the March 26 Committee of the Whole report be withdrawn from the agenda. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 26, 1990, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council accept the submitted Tourism Development Strategy Terms of Reference as meeting the requirements of the Study, as approved within the City's 1990 operating budget for the Tourism Department. 2. That a grant of $1,000 be approved for the Silent Walk '90 event to be held on May 26, 1990 in Saint John. 3. That with regard to the request of Kiwanis Club of Saint John Limited for a grant equal to the estimated lost green fee revenue at the Rockwood Park Municipal Golf Course on May 25 for a golf tournament fund-raising event for the Saint John Cardiac Care Unit, a grant of $1,500 be approved. April 2, 1990 Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted in accordance with the revisions to the Terms of Reference distributed to Council members at this meeting. Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Flewwelling voting "nay". On motion of Councillor Fitzpatrick 82-314 COMMON COUNCIL APRIL 2,1990 Seconded by Councillor Landers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Board of Police Commissioners advising that, with regard to Common Council resolution of February 26 concerning a safe driver/driving award program, the Board adopted a motion that this matter be assigned through the Chief of Police to Sergeant Paul Small, Community Public Relations Officer, to draft a proposal in this respect in conjunction with Safe Driving Week for the Board's consideration, and that Council be so advised -- be received and filed. The initial motion proposed was to adopt the recommendation; however, it was noted that the Board is proposing to take action and is not submitting a recommendation for Council's consideration in this regard. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Environment Committee submitting its resolution of March 15 encouraging Common Council to support the concept of Earth Day on April 22 and promote the idea of alternate transportation, and further support organizations which may have projects in recognition of Earth Day -- be received and filed and Council support Earth Day. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Environment Committee submitting its resolution of March 15 supporting the City of Saint John Works Department's Clean-Up Week Program and encouraging the public to participate and assist the Works Department in its efforts to carry out the 1990 program in a successful fashion -- be received and filed. (Councillor Coughlan withdrew from the meeting) Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Davis RESOLVED that the letter from the Saint John Environment Committee responding to Common Council resolution of February 19 concerning information from Mr. Robert Hornung, Ozone Campaign Co-Ordinator, to the effect that the Committee recognizes that the destruction of the ozone is a serious problem and supports the efforts of governments to reduce further damage through initiatives to control the use of chlorofluorocarbons and encourages the use of ozone- friendly products -- be received and filed. 82-315 COMMON COUNCIL APRIL 2,1990 (Councillor Coughlan re-entered the meeting and Councillor M. Vincent withdrew.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mmes. Josephine A. McNeill and Matilda Chipman of 303-305 Old Sandy Point Road requesting that water and sewerage service be extended to the area -- be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the application of Mr. Ronald Wallace for the re-zoning of 559 Greenhead Road be laid on the table for one week. Councillor Knibb withdrew his motion to refer the above application to the Planning Advisory Committee and commence advertising when Deputy Mayor Gould advised that the City Manager had requested that the above matter be tabled for one week. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the request of The New Brunswick Association of Nursing Homes Inc. requesting a grant to assist in its annual Provincial Conference to be held in Saint John on May 23-25, 1990 -- be referred to the grants committee. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting). On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from the Novastran Adjustment Committee requesting assistance in the possible donation of office space in the City for the Committee's use for a maximum length of time of 4 months, which is when its Industrial Agreement with the Federal Government ends; and suggesting that one possible City-owned location is on the third floor of the building on the corner of Princess and Canterbury Streets -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from Carol Gorman of 276 Germain Street expressing concern about the problem of petroleum coke being unloaded at the Port and asking what can be done to protect South End residents from the coke dust in the air -- be referred to the City Manager for a report to Council in one week. Mr. Taylor advised that he has been in contact with Mr. K. Krauter of the Saint John Port Corporation about the City's concern about the method of off-loading and on-loading of the petroleum coke and that the Port is supposedly working on this 82-316 COMMON COUNCIL APRIL 2,1990 matter, and suggested that all that can be done by the City at this point is to continue to put pressure on the Corporation, the Minister of the Environment and the Federal representative to try to get the Port to really be concerned and come up with a viable solution to the problem. Councillor M. Vincent suggested that, for future situations of this nature, the City Manager's Office should be notified that the product is coming into the City, by what method and by whom, the method and length of storage and how it is to be removed, and also that staff should determine how other municipalities deal with this problem; and Councillor Fitzpatrick asked if there has or will be any cleaning costs to the City as a result of this product to which Mr. Robichaud replied that, if further street cleaning is required because of this product after the City's annual spring clean- up, there would be an extra cost involved to the City, and Councillor Fitzpatrick asked if the Port has given any guarantee that there will be no dust upon reloading of the product to which Mr. Taylor replied in the negative. Councillor Rogers asked who the shipping agent is for this product on the basis that such person would be partially responsible for the product and also asked if there are any regulations in place governing this product and whether or not the Province has taken any action in this regard. Councillor Landers asked if any other ports rejected the commodity in question and the monetary profit made by the Port for handling the petroleum coke; and Councillor Davis suggested that Mr. Krauter and the shippers involved should be asked to address Council in this regard and also that the City Manager's Office should meet with persons in the potash industry who may be aware of equipment which could be used for handling petroleum coke. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the copy of the response from the Assistant City Manager - Operations to Mrs. Kay R. Owens letter to Council concerning water flowing to properties on St. Anne Street -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Councillor Fitzpatrick, on a point of privilege, requested that Council discuss the Mayor's letter which appeared in The Evening Times-Globe newspaper which, in his opinion, questions the integrity and legality of the action of the previous Council, and Deputy Mayor Gould replied that a two-thirds affirmative vote of Council would be required to add this item to the agenda and, noting the absence of such a motion, called for the question on the above motion to adjourn. Question being taken, the motion was lost with Councillors Coughlan, Fitzpatrick, Knibb, Landers, Rogers and M. Vincent voting "nay". Councillor M. Vincent proceeded to explain his reason for voting against the above motion to adjourn whereupon Deputy Mayor Gould stated that there is no motion on the floor and the chair cannot permit him to debate, discuss, talk and explain without a motion. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Councillor M. Vincent be given an opportunity to address Council at this time. Question being taken, the motion was carried. Councillor M. Vincent expressed the opinion that the meeting should not be adjourned if a Council member wishes to speak whereupon Deputy Mayor Gould 82-317 COMMON COUNCIL APRIL 2,1990 made the observation that the chair gave Councillor Fitzpatrick an opportunity to add his item to the agenda in accordance with the Procedure By-Law. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the Councillor who was rising to a point of privilege be invited to address Council at this time. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Deputy Mayor Gould asked the City Solicitor to monitor Councillor Fitzpatrick's point of privilege. Councillor Fitzpatrick asked why Deputy Mayor Gould did not accept his motion to which Deputy Mayor Gould replied that, while the chair does not have to explain, the reason he did not accept Councillor Fitzpatrick's motion was because he was out of order and that the Council Procedure By-Law sets out the procedure for adding items to the Council agenda which Councillor Fitzpatrick did not follow, and asked if it was Councillor Fitzpatrick's intent to raise a question of privilege or to place an item on the agenda. In response to Councillor Fitzpatrick's question as to why the chair did not accept his request to speak on a question of privilege earlier in the meeting, Deputy Mayor Gould replied that he did not hear the question and that every indication the chair had was that Councillor Fitzpatrick wanted to place an item on the agenda which the chair would not permit unless the Council Procedure By-Law were followed, and asked Council members if they supported the chair in this matter. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk