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1991-09-03_Minutes 83-74 COMMON COUNCIL SEPTEMBER 3, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of September, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; B. Morrison, Director of Parks; R. McDevitt, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; B. Steeves, Deputy Building Inspector; M. Hanlon, Purchasing Agent; J. Mcintyre, Manager of Staffing and Development; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend David Schrader, Pastor of Douglas Avenue Christian Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on August 19, 1991, be approved. Question being taken, the motion was carried. (Councillor A Vincent entered the meeting.) Her Worship the Mayor noted that the Board of Directors of the Federation of Canadian Municipalities is holding its Annual Meeting in Saint John on September 4-7; proclaimed September 1991 to be Big Brothers/Big Sisters Month, and September 6 and 7 to be Shinerama Days in the City of Saint John, the latter being sponsored by UNBSJ and the Canadian Cystic Fibrosis Foundation; and expressed the hope that the Police Department will resolve as quickly as possible a situation involving recent damage to the Jewish and St. Joseph's Cemeteries on Westmorland Road. Her Worship the Mayor questioned the City's practice in East Saint John of postponing until the following Monday the regular Monday garbage collection, when Monday is a holiday, and if this practice can be rotated among the West, North and South sections of the City. Mr. Robichaud replied that staff, in its regular review of all departmental programs, considered the major amount of funds being expended on performing a double day following a Monday holiday and calculated that $32,000 yearly could be saved if garbage was, in fact, kept for one week and collected the following Monday; advised that safety was another issue addressed in that, generally, the overtime that takes place on a double day results in working into the darker hours at night after sunset; and concluded that staff is definitely against rotating the practice on the basis that a real problem would be created and that, if there is a major concern about the practice of holding collection over until the following Monday, staff would prefer to return to the practice of collecting garbage on the Tuesday following a Monday holiday. Mr. George F. Teed addressed Council with respect to his concern about the plans for a turnabout at Rockwood Park and, referring to his previously-submitted letters to Council and to The Editor of the Times Globe, explained that he sees no reason for the proposed turnabout as it means expanding the present roads to allow automobile traffic to travel through and around the Park in the Fisher Lakes area on the 83-75 COMMON COUNCIL SEPTEMBER 3, 1991 basis that this would not only destroy the walking and riding trails that now exist but also create a traffic pattern that is not wanted in a park. Mr. Teed expressed the opinion that the matter of the Park expansion, while desirable in some respects, is out of time with what needs to be done in the Park in the way of maintenance of driveways, pathways and the Lake itself, and that any future expansion plans should be held in abeyance until such time as a clean-up and general improvement in maintenance is observed and carried out. Mr. Teed suggested that the Fisher Lakes area is well patronized, with no requirement for additional provision for vehicular traffic or parking, and that the Lily Lake is easily accessible, with adequate automobile roads, although the Lily Lake Pavilion needs improvement, and he also suggested that the toll house placed in the Park by the Horticultural Association is not in keeping with the character of the Park. During ensuing discussion, it was noted that a report from the City Manager on the tender for the construction of the above-mentioned turnaround road is included on the agenda of this meeting, and the Mayor thanked Mr. Teed and advised that staff has informed Council that the rustic nature of the Park will be maintained as much as possible and that the design of the road is sensitive to the environment, with rock cuts and large scars in the topography to be minimized, and clarified that the parking in question has nothing to do with the relocation of the Cherry Brook Zoo, the latter having been suggested by Mr. Teed in his remarks. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. William F. O'Connell in response to Common Council resolution of July 8 with respect to the possibility of naval vessel visits to the Port of Saint John in which he asks that Council consider soliciting visits of warships and to give receptions similar to those given to the cruise ships visiting Saint John; and asking that this matter be referred to the City Manager and appropriate staff for review and a report to Council -- be referred to the City Manager. The Mayor asked that the City Manager contact Mr. Rolf Spangenberg of the Saint John Cruise Ship Committee for assistance in the above matter. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention by The Honourable Vaughn Blaney, Minister of the Environment, that the Province has an Energy Policy which will "impact on emissions as conservation and efficiency measures slow the rate of energy consumption in all sectors from building heating and cooling, vehicles, processing to electricity generation"; and asking that the City Manager obtain a copy of this Policy to see if it is possible to apply it to local government, and that this matter be referred to the City Manager for appropriate action -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the Saint John Regional Library requesting, on behalf of the Saint John Children's Literature Roundtable, a contribution of $300 to assist in holding a conference, tentatively slated for June 5 and 6, 1992 -- be referred to the grants committee. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne requesting that the City Manager arrange to have Mr. Robichaud address Council at this meeting on 83-76 COMMON COUNCIL SEPTEMBER 3, 1991 what is happening with the floodgates at the Courtenay Bay Causeway. Mr. Robichaud advised that the Provincial Department of Transportation is in the process of repairing three of the five culverts at Courtenay Bay Causeway, with the work, which is expected to take nine more weeks, involving the placement of a large steel frame and the driving of steel sheet piling in order to close off the three culverts, and that the Province has agreed to include in the work a window or a method by which the sheet piling can be opened up during periods of high-storm runoff in order to prevent more severe flooding in Glen Falls. Mr. Robichaud also advised that, although equipment should be on-site to open the gates as needed, the City could have a piece of its own equipment on-site to assist; and, in response to the Mayor's concern about the closing of three of the five floodgates, expressed the opinion that, while the situation would be watched very closely during a period of heavy runoff, possibly the gates should not be opened because the large volumes of sea water which comes in at high tide may be more detrimental than fresh water coming down the other way. Mr. Robichaud confirmed that high tide would be stopped from backing up, with a system in place to, at low tide, open up the gates to allow the water to go out, and that a decision in this regard would be made on-site with staff involved, and that it is the intent to repair only the three gates this year, although the Province expects to inspect the other two gates and make appropriate repairs, if required, possibly next year. The Mayor concurred with Councillor A. Vincent's suggestion that a site visit should be arranged for interested Council members and Mr. Robichaud noted that a representative of the Department of Transportation is on site in charge of the project and would be more than willing to respond to any questions at such a visit. Notice had been sent to Gordon James Wilson et ux (Nora Marie) to appear at this meeting of the Common Council to show cause, if any, why the building located at 1397 Old Black River Road, NBGIC Number (formerly L.R.I.S.) 337923, in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. No person was present to speak either in opposition to or in favour of the recommended demolition. Mr. Steeves circulated photographs of the above-mentioned one-storey woodframe structure building which, he advised, has been abandoned and vacant for some time, and is in a dangerous and dilapidated condition and should be demolished; and asked that Council adopt the resolution in the Building Inspector's report in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that notice having been given to Gordon James Wilson et ux (Nora Marie), Owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 1397 Old Black River Road, NBGIC (formerly L.R.I.S.) Number 337923, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building and, having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 1397 Old Black River Road in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Gordon James Wilson et ux (Nora Marie), Owners, are required to remove or destroy the said building situate at civic number 1397 Old Black River Road in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Gordon James Wilson et ux (Nora Marie), Owners, to remove or destroy the said building situate at 1397 Old Black River Road in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said Gordon James Wilson et ux (Nora Marie), Owners. Question being taken, the motion was carried. 83-77 COMMON COUNCIL SEPTEMBER 3, 1991 On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a letter from Municipal Affairs Minister, The Honourable Hubert Seamans, seeking volunteers to organize a Fundy Coastal Clean-Up Project for the Bay of Fundy coastline from Sackville to St. Stephen; and suggesting that this letter should be referred to the Bayshore Beach Organization for its consideration and/or to Mr. MacKinnon, Commissioner of Environment, to see if he has any suggestions as to what should take place -- be referred to the Commissioner of Environment to contact representatives of the Western Beaches Preservation Society and the Mispec group. The Mayor noted that copies of the Coastal Clean-Up Guidebook are available through her office. Question being taken, the motion was carried. Read a letter from Mayor Wayne advising that she met with Mr. J. C. MacKinnon, the City's Commissioner of Environment, to discuss two articles, copies of which are submitted, which appeared in The Telegraph Journal and The Evening Times-Globe newspapers on August 28; suggesting that, as the headlines and the body of these articles differ somewhat, it is important that Mr. MacKinnon be asked to clarify at the September 3 Council meeting the ozone level situation in Saint John. Mr. MacKinnon advised that the Federal Government has been dealing with the ozone readings in corridors, with the City of Saint John being included in the Lower St. John River Valley corridor and, in noting that Saint John appears to have been used to represent the whole corridor in the number of exceedances of the 82 parts per billion, compared readings for the June-July-August 1990 period in Saint John to readings in Blissville and Point Lepreau, N.B., which indicate that exceedances, as well as the average monthly readings, in the latter areas are much higher than those in Saint John. Councillor Landers, in noting that Dr. R. Beveridge of the City is involved in positive action in an attempt to resolve problems of the above nature, suggested that Council could use the information in question to its advantage in an approach to the other two levels for assistance in this area. Read a letter from Councillor Landers asking that, due to concerns expressed by several residents of the South End about the proposed pipeline on Broadview Avenue, Council request the City Manager to contact Imperial Oil Limited to have any concerned area residents in attendance at the presentation proposed by the Company in this regard. Councillor Landers asked that Council consider at this time the letter from Esso Petroleum Canada and the request of the South Central Citizens Council, which deal with the above matter and are on the agenda of this meeting, and that representatives of both groups be invited to address Council. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the above-mentioned items be considered at this time and a representative of the South Central Citizens Council and of Esso Petroleum Canada be invited to address Council in this regard. Question being taken, the motion was carried. Consideration was given to a letter from Mr. M. S. Dickie, Terminal Manager of Esso Petroleum Canada, providing an update of activities, as requested by Council, regarding discussion with residents on Broadview Avenue concerning the proposed pipeline; submitting a copy of the outline of the proposed work which was provided each resident and business of Broadview Avenue, and advising that safety and environmental questions were addressed. The letter also advises that no 83-78 COMMON COUNCIL SEPTEMBER 3, 1991 significant concerns were raised, although a number of questions were responded to, and that a second visit was made to speak to those residents who were not at home during the first visit, and that he personally called Mr. Leo Mallet, a Broadview Avenue resident, and offered to meet with him to discuss further any issues he may have had, and that he met with Mr. Lloyd Betts of the South Central Citizens Council to answer similar questions and discuss personal concerns; and further advises that the safety and environmental issues around this pipeline are of the highest priority to Esso Petroleum Canada which has responded by using the latest proven technology and materials that meet or exceed all existing Provincial, Municipal and Federal environmental guidelines. Consideration was also given to a letter from Mr. Lloyd M. Betts, Co- Chairman - Steering Committee, South Central Citizens Council, requesting the opportunity to address the matter of the Imperial Oil pipelines scheduled for Broadview Avenue; and advising that the citizens have expressed concerns which he would like to place before the September 3 meeting of Common Council. Mr. Lloyd M. Betts addressed Council and, reading from a prepared brief (copies of which were distributed to Council members at this time), advised that he met with Mr. Dickie of Esso Petroleum Canada and posed the following questions: (1) are the lines to be hydrostatic tested to at least one and one-half times their design pressure; (2) are the lines to be coated and wrapped and then inspected with a Holiday detector for correct application of coating, once the pipes have landed in Saint John; (3) are the lines to have a corrosion allowance of at least 1/8"; (4) are the lines to be cathodic protected constantly during their life times; (5) are the lines to be placed in sand with a minimum of 4" of gravel on all sides prior to backfilling with gravel and compacting; (6) will the lines be backfilled with gravel and not with the existing soil; (7) will sleeves be placed around the pipelines at all heavy traffic crossing areas, including the entrance and exit to Maritime Beverages; (8) are the lines to be placed at least 12" apart, skin to skin; (9) is the half life of the pipe at least 15 years; and (10) will markers be placed on the streets indicating an underground pipeline. Mr. Betts presented the following observations and questions to Council:- (1) City staff has advised that probe drilling to rock had been undertaken by Imperial Oil on other locations for these pipelines and that it had been determined that the ground was too unstable for a pipeline, yet the large water line feeding Lantic Sugar is in that same area - has there ever been a problem with the water line; (2) has probe drilling been done on Broadview Avenue to determine the stability factors; (3) does staff have the results of these tests in its possession now - has staff ever had them, and has staff studied the results, and what do they show; (4) has City staff ever seen finalized drawings and specifications for these pipelines; (5) what inspection procedures will the City carry out during the construction of these pipelines and does the City have inspectors with experience in the construction of pipelines carrying hazardous materials; (6) the project is scheduled for completion in 60 days according to Imperial Oil - is there a penalty clause should the project run over; (7) the earliest start of this project should be October and the agreement calls for Imperial Oil to reinstate the street surface - does Imperial Oil plan to pave in late November or December, and will the road be left for paving in the spring and, if the road requires surfacing twice, will that be at Imperial Oil's expense; (8) has the City's Legal Department investigated the matter of the City's indemnification from responsibility in the event of an accident and what is its opinion; and (9) has the City received a report on the condition of the Broad Street Wharf from the Saint John Port Corporation and what would be the cost of reconstruction of the wharf or its replacement. Mr. Betts also asked if gasoline and fuel oil are the only substances to be carried or, for instance, will aviation fuel also be allowed, and if Councillors are aware that Imperial Oil will now have to receive a license from the Environment Department before any work can begin due to the intervention of the residents; and asked Council to reconsider this agreement, conditionally hold the start of construction, give further study and consideration to it, with citizen input, and then decide if this project should go ahead as planned. During discussion Mr. Betts confirmed that, to the best of his knowledge, all residents in the immediate area of Broadview Avenue have been contacted to date, and he advised that Broad Street residents are also concerned and also that he was given at this meeting a petition, which was circulated on this date, including 24 or 25 names of Wentworth Street and Broadview Avenue residents; and he expressed the opinion that consultation with area residents should have occurred prior to Council's 83-79 COMMON COUNCIL SEPTEMBER 3, 1991 approval of the license agreement. Messrs. John Plummer, Public Affairs Manager of Imperial Oil Limited, and Michael Dickie, Terminal Manager of Esso Petroleum Canada, were present in the Council Chamber, and Mr. Plummer referred to their Committee of the Whole presentation on March 25 at which time it was made clear that it was necessary to move from the Broad Street Wharf, and advised that, along with the Port Corporation and the City Engineering staff, they have developed what is considered to be the best possible solution to the problem. Mr. Plummer, in noting the delegation present in the Council Chamber in this regard, advised their intention to respond to the residents' questions. Mr. Dickie advised that it is Esso Petroleum Canada's intention, as operators of the pipeline and the terminal, to operate the line and its business in a safe environmental fashion and that, in most cases, the line, procedures and construction techniques exceed the minimum requirements and specifications as outlined in Mr. Betts' minimum standards for gasoline pipelines; and responded to the questions in the above brief presented by Mr. Betts as follows:- (1) the lines are to be tested approximately two and one-half times to a rated pressure of 425 pounds; (2) prior to installation and burial in the ground, the yellow jacket material will be inspected; (3) specifications call for a line with a minimum corrosion resistance of in excess of 1/8"; (4) the line will, in fact, be cathodically protected throughout the lifetime and it has a number of monitoring stations that will allow them to determine the integrity of the cathodic protection and that, in addition to cathodic protection which basically protects the outside of the line, they have built-in capability for a test which allows the internal inspection of the interior of the line, which is again above and beyond the minimum requirements for pipeline specifications; (5 & 6) the line will be coated or surrounded with 12 inches of sand, far in excess of the 4 inches; (7) the sleeves will be placed around the pipeline at all excessive load areas; (8) the lines will be twelve and a quarter inches apart, skin to skin; (9) half life for pipelines in the petroleum industry is not a common term; however, in discussion with persons in the western part of Canada who have monitored pipelines for many years, he has been told that, with yellow-jacket pipe, which is the coating, along with cathodic protection, the lines are satisfactorily in use currently in excess of 40 years and continuing on and still in satisfactory use, and further that, with regular ongoing testing, the pipeline integrity will be determined throughout the inspection periods; and (8) markers will be placed on the container pier, as well as along the street. With regard to what the lines will carry, Mr. Dickie advised that the lines will not carry aviation fuel, but will carry basically heating fuels, which is stove, diesel and furnace, residential-type and industrial fuels, as well as three grades of gasoline, being the basic gasoline obtained at service stations; and, concerning how fast the pipeline could be drained down which Mr. Betts questioned, advised that calculations indicate that they can be drained down in 40 minutes for the gasoline line and approximately 60 minutes for the distillate line should any failure occur and, in addition to having very stringent guidelines, a leak detection has been included to allow the pipeline and products within the pipeline to be monitored on a 24-hour basis and will basically, immediately, detect any particular leaks. Mr. Dickie concluded that, while he has responded to Mr. Betts' questions in their original meeting and has noted additional comments at this meeting of which he would like a copy, he would respond to any further questions in this regard. During discussion Mr. Dickie explained that the pipeline, which is slightly in excess of three eighths of an inch thick, has no expected life per se, but rather it is a matter of carrying out regular inspections every 3 to 5 years, with a new probability for a specific life given at each inspection based on corrosion rates; therefore, it is an ongoing process whereby at each inspection the pipeline is reassessed; and expressed the opinion that, considering the amount of product to be put through the pipeline, it would be much safer, quicker and efficient to move the product by pipeline than by truck. Mr. Dickie confirmed that, should residents want a copy of his responses to Mr. Betts' queries, such information could be made available to them in letter form; and Mr. Plummer commented on Imperial Oil Limited's experience in pipelines in other metropolitan areas in Canada and the public involvement prior to the laying of pipelines. The Mayor advised that any further questions by residents could be addressed by Mr. Betts with Imperial Oil representatives and City staff, and thanked Messrs. Betts, Dickie and Plummer for their comments. On motion of Councillor Coughlan 83-80 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Rogers RESOLVED that the Acting City Manager's recommendation concerning Local 18 arbitrations of grievances 91-14 and 91-23 (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, Mr. Nicholas Barfoot be appointed as the City's nominee to the board of arbitration of Local No. 18, C.U.P.E. grievance 91-23 concerning article 13:09, call-out; and Mr. Mark Giberson be appointed as the City's nominee to the board of arbitration of Local No. 18, C.U.P.E., grievance 91-14 concerning making changes and transfers. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Supply of asphalt August 14-20, 1991 $71,270.75 Maritime Limited August 21-27, 1991 $53,636.22 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-6, Charlotte Street West & Ludlow Street Watermain and Sewermain Renewal Galbraith Construction Limited Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated August 19, 1991 Final holdback release $234,114.00 229,997.52 Nil 226,997.52 3,000.00 210.00 $ 3,210.00 Question being taken, the motion was carried. Read a report from the City Manager advising that A-1 Auctioneers and Evaluation Services of Saint John, Cameron Industrial Inc. of Taymouth, N.B., and Douglas Lee of Rothesay, responded to the tender for auctioneering services for a public auction to dispose of obsolete equipment, and that, based on the staff estimate of $95,000 proceeds of the sale, commissions to the auctioneers would be $8,400, $9,500 and $12,350, respectively; explaining why, in staff's opinion, Cameron Industrial Inc.'s performance has been superior to that of A-1 Auctioneering and Evaluation Services; and recommending that the tender of Cameron Industrial Inc. be accepted for providing auctioneering services to the City at a cost of 10% of sales. On motion of Councillor Flewwelling 83-81 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Knibb RESOLVED that the tender of A-1 Auctioneers and Evaluation Services be accepted for providing auctioneering services to the City of Saint John at a cost of 10% of sales up to $50,000, 8% of sales of $50,000 to $75,000, and 7% of sales from $75,000. Mr. Robichaud advised that information on items to be disposed of by public auction would be available at Council's next meeting; and Councillor Coughlan suggested that Council should award the tender on the basis of what is good for the citizens, rather than one citizen, of the City, and that staff has reasons for recommending the Cameron firm as explained in the report. Question being taken, the motion was carried with Councillors Coughlan and Davis voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Eastern Fence Ltd., in the amount of $28,857.20, be accepted for the supply and installation of new chain link fencing and gates at the Rockwood Park Children's Farm. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Avnet Computer, in the amount of $62,100, be accepted for the supply and installation of a computer memory. Mr. Wilson confirmed that the reconditioned memory board to be provided by the above firm has a one-year warranty. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) contract 91-22, Rockwood Park turnabout road construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered amount of $206,955; and (2) the existing contract with ADI Limited be extended to include construction supervision at an amount not to exceed $20,000; and the Mayor and Common Clerk be authorized to execute the necessary contract. Councillor Flewwelling concurred with the opinion expressed by Mr. Teed in his presentation earlier in the meeting with regard to persons enjoying the Park as a place to walk and frequent, free from traffic, and expressed the opinion that the Park should remain as a natural resource. In response to the Mayor's question as to whether or not the proposed road would affect the approximate 2500-acre Park by opening it up to vehicular traffic, Mr. Morrison explained that the majority of development and all of the road development, in Rockwood Park occurs in 180 acres of the Park, with the back 2,180 acres, which are virtually untouched, to be developed with trails for nature walks, hikes and so on; noted that the Rockwood Park Master Plan indicated that Park usership decreased when roads in the Park were closed off to car traffic and that, while cars may have added to the congestion of the Park pre-1967, they also contributed to the heavy utilization and success of the Park; therefore, one of the priorities was to open the Park up again to vehicles to bring people back into the area, and also that heavier use of the Park means the less likelihood of vandalism occurring; and also explained that the loop road in question would basically be the only road through the Park on which vehicles would travel, and that the road would have a separate lane for bicycle traffic, as well as curb and sidewalk for pedestrian traffic, and 83-82 COMMON COUNCIL SEPTEMBER 3, 1991 also that the Master Plan identifies two other roads which would be developed for bicycle trails and run a total of 10 or 11 kilometres through the Park. Deputy Mayor Gould, in concurring with Councillor Flewwelling and Mr. Teed's concerns about opening the Park up to cars and traffic, questioned the engagement of consultants to supervise the construction of the turnabout road, the latter to which Mr. Robichaud advised that, while the City has staff qualified to supervise the project, such staff is not available due to illness and a much larger than usual capital program. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 91-25, Prince William Street retaining wall construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $115,580, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, further to Council's June 17 consideration of a letter from Mr. Eric L. Teed concerning promotional literature at the New Brunswick-Quebec border, a City Tourism Department staff person visited the Provincially-operated tourist information centre in Edmundston, the centre addressed in Mr. Teed's letter, in early July and conveyed the findings of this visit to Mr. Teed, who was satisfied that adequate City-produced literature appeared to be on hand at the Edmundston centre, although he felt that insufficient material from the Saint John hospitality industry was on display, and this concern was conveyed to members of Hospitality Saint John at a recent membership meeting; and also advising that, with regard to Mr. Teed's request that Council convey to the Provincial Minister of Tourism his concern that Saint John should have more photos in the trade show section of the centre, the Provincial Department, in its photo display in the Edmundston centre, has grouped the pictures according to region, with Saint John included in the Fundy Region display, in order to convey a general image of what visitors can expect to see in the Fundy Region, as opposed to promoting any particular attraction, and this approach supports the recently- announced Themed Regions process, as well, and it is the Provincial position that this is best left until such time as both the Themed Regions and Scenic Roads Programs are in place, the timeframe of which is unknown at this time -- be received and filed and Mr. Teed be thanked for his interest. Question being taken, the motion was carried. (Councillor Knibb withdrew from the meeting.) On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that the report from the City Manager responding to questions asked at the July 8 Council meeting concerning trucks using Ropewalk Road and how existing truck route legislation covers this situation; explaining that, regardless of complaints of a few citizens of Ropewalk Road, trucks should and are allowed to use this Road if it is the shortest means of access between the truck route and their point of pickup or delivery; and also advising that truck routes are signed and streets which are not truck routes are not signed, therefore, no signs need to be placed on Ropewalk Road, and that, although there may be confusion in the signage being requested in that Schedule K of the Traffic By-Law lists 83-83 COMMON COUNCIL SEPTEMBER 3, 1991 streets on which trucks are prohibited except for emergency vehicles or trucks involved in construction on the street or on a property fronting on the street, Ropewalk Road is not included in this Schedule and staff would strongly oppose its inclusion since all trucks would then be forced to use Millidge Avenue, which is much more heavily populated -- be received and filed. Councillor Landers expressed concern that, as the City does have truck routes and if Council allows the above response to go out to the trucking industry, permission is being given to trucks to use, and possibly abuse, non-truck routes, in that, if truck drivers can take the shortest routes, they will use this excuse each and every time, and suggested that there must be co-operation between the Police Department and City staff to enforce truck route legislation. (Councillors Fitzpatrick and Knibb re-entered the meeting during the above comments.) During discussion Mr. Robichaud explained that the above report is accurate in its indication that trucks can legally leave a truck route and use Ropewalk Road in order to make deliveries to the Spar Cove Road and Millidge Avenue area, and that staff is opposed to truck prohibition on Ropewalk Road on the basis that truck traffic would subsequently redirect itself to Millidge Avenue where there would be a greater concern due to its heavier population; and Assistant Deputy Chief Bodechon advised that the Police Department monitored the Ropewalk Road area on June 10, and July 11 and 12 during which time there was no violation of the Traffic By-Law and recommended that the Police continue its enforcement in the areas identified as problem areas. Question being taken, the motion was lost, a tie vote having been created with Councillors Flewwelling, Gould, Landers, Rogers and A. Vincent voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above matter be referred to the City Manager and the Police Department to continue to monitor the situation and report to Council. (Councillor Coughlan withdrew from the meeting.) Question being taken, the referral motion was carried. Read a report from the City Manager noting that the August 19 grant request of Fundy Regional Council Association for Community Living represents but another example of an organization linking its request for assistance to the fact that it is utilizing a City facility, and that staff has consistently cautioned Council with respect to approving assistance related directly to fees levied for use of City facilities, with Council adopting as policy on April 8 that, under no circumstances, will any financial assistance be directly related to the cost of renting the Pavilion and each such request of Council will be judged on whether it can be related to the public good; concluding that the question upon which Council must decide is whether a grant of $165 to this organization is in the public good, regardless of the fact that the Pavilion is being utilized, and that approval of such requests encourages others to make similar requests; and recommending that this report be received and filed and Council adopt an appropriate resolution. The Mayor called for a motion to refer the above matter to the grants committee, whereupon Councillor Knibb noted that staff has already reviewed the request, and he suggested that, as the event has already been held, the request should be received and filed. On motion of Councillor Knibb 83-84 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Fitzpatrick RESOLVED that the request of Fundy Regional Council Association for Community Living for a grant to cover the $165 cost of the Lily Lake Pavilion rental fee -- be received and filed. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager submitting a draft questionnaire to find out what residents of Cedar Point Estates in Millidgeville and Monte Cristo Park off Gault Road think about the design of their subdivision in that, prior to Cedar Point, all serviced residential subdivisions were required to have underground wiring, piped storm drainage and sidewalks, and Monte Cristo Park was the first subdivision with City water and sewer, with overhead wiring, ditches and no sidewalks; explaining that, before specific action is recommended with respect to re-zoning a fairly large area, staff would like further input regarding whether "RSS" development (ditches, overhead wiring and no sidewalks) is appropriate for several of those areas in Millidgeville yet to be developed, and that the findings of the questionnaires will be used, along with other sources, to make recommendations on whether to continue with the same design or propose changes to this design, although a redesign of Cedar Point is not proposed -- be received and filed and Council support the survey. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a copy of the report tabled at Council's August 6 meeting recommending the engagement of Corporate Research Associates to carry out a Marketing Positioning Study in support of preparation of a development strategy for Uptown Saint John; submitting the Terms of Reference for the Study, and commenting on the process used to evaluate the proposals submitted in response to the Request for Proposals which was advertised June 11, with twelve local firms also invited by letter to respond to the Request for Proposals; and recommending that Corporate Research Associates be engaged to carry out the Market Positioning Study as described in the Terms of Reference advertised in June 1991 and set out in its proposal dated June 24, 1991, and clarified in letters dated June 28 and July 2, 1991, and that the cost of the study not exceed $11,500. (Deputy Mayor Gould withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Corporate Research Associates be engaged to carry out the Market Positioning Study as described in the Terms of Reference advertised in June 1991 and set out in its proposal dated June 24, 1991, and clarified in letters dated June 28 and July 2, 1991, and that the cost of the study not exceed $11,500. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Flewwelling, Rogers and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager noting that the 1990 operating budget contained funding for the purchase of 40 home composters and, similarly, the 1991 operating budget contained $3,470 for the purchase of an additional 60 home composters at a purchase price of 83-85 COMMON COUNCIL SEPTEMBER 3, 1991 approximately $58/composter, which were sold to citizens at a reduced rate of $15/composter with the understanding that the citizens would participate in a pilot study on waste reduction; advising that Mr. John Campbell, a summer student who worked in the Works Department under the direction of Messrs. Dan Harvey and Bill Edwards, prepared a report on the study which showed a significant (approximately 30% on average) reduction in the amount of waste generated by participating households after they began using the home composters; and concluding that, depending on budget constraints this fall, staff may be recommending a continuation of the home composter pilot program for 1992, the purpose of which would be to generate even more interest in home composting -- be received and filed and Council support the program. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. In response to Council queries, Mr. Rodgers expressed the opinion that, with regard to the lost motion concerning the Market Positioning Study, Council, if it so wishes, can deal with the item by a Council member on the prevailing side making another motion that the item be reconsidered. (Councillor Davis withdrew from the meeting due to a possible conflict of interest. ) On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the matter of the Uptown Strategy-Marketing Positioning Study be reconsidered at this time. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Flewwelling, Rogers and A. Vincent voting "nay". (Councillors Davis and Gould re-entered the meeting.) Her Worship the Mayor gave the following Notice of Motion: I do hereby give notice that I will, at a meeting of Common Council, held after the expiration of thirty days from this day, move or cause to be moved, the following resolution, namely:- "RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND Transportation Services Acamac Backland Road $24,887; Ashburn Lake Road $353,892; Boars Head Road $25,220; Carmarthen Street $189,304; Charlotte Street $62,295; Coburg Street $127,847; Courtenay Avenue $39,789; Dever Road $110,819; Douglas Avenue $351,637; Fairville Boulevard $34,801; Fundy Drive $52,291; Grandview Avenue $70,338; Grant Crescent $41,497; Hillcrest Road $41,332; Kean Road $21,353; King Street East $28,469; Landfill Site $65,475; Lawrence Long Road $29,500; Main Street North $29,744; Marlborough Avenue $8,610; McAllister Drive $872,541; Molson Avenue $43,887; Municipal Operations Complex Rothesay Avenue $210,789; North Road $3,925; Pine Avenue $6,355; Prince Street West $80,138; Reinstatements $126,493; Rothesay Avenue $18,837; Sea Street $108,389; Sheriff Street $26,324; Smythe Street $46,172; Thorne Avenue - Curb & Sidewalk $23,960; Turnbull Place $85,380; Woodward Avenue $137,710 -- $3,500,000 Recreation and Parks Carleton Centre $47,873; Carleton Community Centre (Ceiling) $3,577; Children's Farm Rockwood Park $127,182; Dennis Morris - Paved Lot $5,806; Forest Glen Ramp 83-86 COMMON COUNCIL SEPTEMBER 3, 1991 $8,123; Golf Course - Cart Paths $13,675; Gorman Park New Playground $50,784; Havelock Park, Mobile Trailer $9,356; Hilton Belyea Arena $28,946; Loyalist Plaza $67,034; Memorial Field $19,175; Milford Recreation $15,558; Planning & Park Development $19,361; Rockwood Park $86,384; Shamrock Park $80,502; Simonds Arena $52,993; Somerset Street Play Area $17,664; Throughway, Landscaping $3,907; Tilley Square Rebuilding $13,780; Tree Planting - Various Locations $8,320-- $680,000 Environmental Development City Market $571,771; Greater Residential Incentive Program $897,489; Housing, Infill Development $131,515; Subdivision Cost Sharing $544,225 --$2,145,000 Public Transit -- $675,000 Total General Fund -- $7,000,000 WATER AND SEWERAGE UTILITY Water System Canterbury Street $107,897; Cedar Grove Crescent $41,994; Champlain Street West $113,672; Charlotte Street West $87,191; Coleson Cove $7,335; Dufferin Row Pressure Reducing Valve $43,890; Golden Grove Road $159,219; Instrumentation $2,348; Lakewood Avenue West $402,265; Ludlow Street West $68,310; Orange Street $251,344; Park Street Extension $73,597; Service Box Renewal $131,337; Watershed $9,601 -- $1,500,000 Sewer System Albert Street West $11,958; Belmont Road $29,822; Catherwood Street $43,681; Cedar Grove Crescent $36,833; Champlain Street $78,981; Charlotte Street West $31,517; Dexter Drive $38,900; Dorchester Street $49,962; Douglas Avenue $51,162; Dunn Avenue $36,501; Foley Court $29,962; Garden Street $13,415; Germain Street West Sewer Renewals $35,130; Grandview Avenue $40,838; Guilford Street $20,092; Hazen Creek Treatment Plant $42,938; Lancaster Sewerage & Treatment Plant $436,075; Local Drainage $70,539; Ludlow Street $139,972; Main Street Sewer Renewals $5,260; Orange Street $321,105; Park Street Extension $222,762; Ready Street $90,272; Sewer Lift Station $17,957; Sherbrook/Molson Avenue $30,997; Simpson Drive $119,525; Swanton Street $13,894; Watermain Purchase at Reeds Point $440,000 -- 2,500,000 Total Water and Sewerage Utility -- $4,000,000 Total for all purposes -- $11,000,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $11,000,000.". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the City Manager's report dealing with the above Notice of Motion be received and filed. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting as she was not present for the public hearing of the proposed Municipal Plan amendment and re-zoning of 155- 157 Bayside Drive.) On motion of Councillor Knibb 83-87 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By- Law Number C.P. 100-248 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-248 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) 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 July 15, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council concur with the acceptance of a joint proposal from Washburn and Gillis Associates Ltd., and Godfrey Associates Ltd., with Washburn and Gillis Associates Ltd. as the lead company, as project consultants for the Saint John Harbour Environmental Quality and Wastewater Treatment Strategy, at an estimated project cost of $675,000, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents in this regard. Tuesday, September 3, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 83-88 COMMON COUNCIL SEPTEMBER 3, 1991 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 August 19, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, (1) Brian Mosher be appointed to the Aquatic Centre Commission for a term to expire June 30, 1994; (2), Ernest Wedge be appointed to the Preservation Review Board for a term to expire June 30, 1994; and (3) Tom Mantle be appointed to the Saint John Transit Commission for a term to expire June 30, 1994: 2. That as recommended by the City Manager, MacKnight Motors Ltd. be advised that the City is not prepared to consider leasing the unused portion of the street adjacent to the MacKnight Motors Ltd. property on Rothesay Avenue at this time. 3. That as recommended by the City Manager, the City re-enter and repossess the land leased to Chitticks (1962) Ltd. on Raynes Avenue for non-payment of rent and take whatever action is necessary to collect the rental due. 4. That as recommended by the City Manager, (1) the store and basement at 110 Prince William Street, with a first floor area of approximately 975 square feet, be leased to Wilson Studio under the following terms and conditions:- 1.1. Commencement date: October 1, 1991 or as soon thereafter as the space is ready for occupancy, the rental to start the first of the month following completion of the required repairs; 1.2. Length of lease: until March 31, 1995; 1.3. Rental: (a) First two years $800 per month in advance (b) Remainder of term $850 per month in advance; 1.4. Services provided by the City: heat, hot water, exterior maintenance, repairs to the heating, plumbing, electrical and sprinkler system unless damage is cause by some action on the part of the lessee; 1.5. Lessee's responsibilities: (a) painting, decorating, maintenance or renovation to the space subject to the lessee's agreement that the oak cabinets along the side will not be removed or damaged; (b) any change required to the electrical or lighting system; (c) charges for electricity; (2) As a condition of leasing the space, the City will have the following work carried out:- 2.1. The floor will be covered with plywood and retiled with Flextile, 1/8" vinyl composition tile "Classic Canada Classic" with colour to be chosen by the lessee; 2.2. The sprinkler pipes in the rear behind the partition will be raised; 2.3. A sewage problem in the basement will be corrected and the basement cleaned; 2.4. The storefront will be repainted in colours acceptable to the Heritage Preservation Review Board, but this work will not be considered in determining the starting date of the lease; 2.5. The storefront will be repaired by replacing glass that is missing; and 2.6. Basement drafts will be sealed. 5. That as recommended by the City Manager, MMC Architects Ltd. be 83-89 COMMON COUNCIL SEPTEMBER 3, 1991 awarded the contract to conduct the Community Recreation and Open Space Strategy Study for the City of Saint John at a cost of $91,000. Tuesday, September 3, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb 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 Landers 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 Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Ralph Black, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor A. Vincent 83-90 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Rogers RESOLVED that the letter from Mr. Eric L. Teed expressing the opinion that it is unfortunate that, in Saint John, the City itself did not encourage any events in recognition of New Brunswick Day on August 5, and suggesting that Council initiate a support action to establish a citizens' committee to determine in what manner the day can be observed for the enjoyment of residents at the least cost to the City taxpayer -- be referred to the Mayor's Office for reply. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Mr. John Hanson, Supervisor of Music - School District 20, submitting copies of grant requests previously forwarded to the City for the Ned Landry Tribute Concert held on September 29, 1990, for which a City grant would be combined with a Provincial grant of $418.87 to be divided between the performers; and for the Maritimes 1991 Orchestra Festival to be held November 15-16 in Saint John, for which a City grant would be used to help pay clinicians -- be referred to the City Manager for further information. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the letter from The Marco Polo Project advising that, further to the submitted letter of August 6 to the Historic Sites and Monuments Board of Canada, notification has been received from the Board that the memorial plaque to the famous ship Marco Polo will be placed in Saint John; and that The Marco Polo Project has suggested a high profile location in the uptown core for this memorial, as well as dates for the unveiling -- be referred to the City Manager for consideration of an appropriate location in the City in which to place the plaque. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Federation of Canadian Municipalities advising that the resolution from the City of Saint John on the Bilateral Air Agreement was carried at the FCM's recent Annual Conference, and submitting a copy of a letter, which was sent to The Honourable Jean Corbeil, Minister of Transport, for his review and comments in this regard -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Tony Hawker, Coach of the Saint John Bicentennials F.G. Under 16 Boys Soccer Team, requesting assistance to finance the Team's participation in the Atlantic Tournament to be held in Halifax/Dartmouth, N.S., September 6-8 -- be referred to the Recreation and Parks Advisory Board. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from AIDS 83-91 COMMON COUNCIL SEPTEMBER 3, 1991 Saint John Inc. requesting funding to help host a reception for delegates to the Third Annual AIDS Atlantic Network Conference, to be held in Saint John on October 17-19-- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of (a) The Bull and Stein Food and Entertainment Company, Ltd. for lounge and entertainment licenses with respect to premises at North Market Wharf; and (b) 047868 N.B. Inc. for a dining room license with respect to premises at 535 Westmorland Road, will be held on September 12 -- be received and filed. Question being taken, the motion was carried. Consideration was given to a memorandum from the Cities of New Brunswick Association noting the September 26 deadline for resolution submission to the Annual General Meeting to be held in Saint John on October 11-12. The Mayor noted that the deadline for resolution submission is September 26, and Councillor A. Vincent asked that the matter of revenue from slot machines, which was discussed previously by Council, be submitted as a resolution for consideration at the above meeting of the Cities of New Brunswick Association. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Sherry Cunningham requesting a grant to assist in defraying costs of participation in the Canadian National Shuffleboard Tournament in Victoria, British Columbia, in which she and her partner will be the only representatives of the Province for Atlantic Canada -- be received and filed and a grant of $150 be approved. The Mayor made the observation that, as many grant requests do not come under the City policy, Council should either follow the policy or there should be a new policy, and asked that Council refer the above matter to staff for review and a report on whether or not it falls within the policy. Councillor Coughlan, who initially seconded the above motion, explained that he did so on the understanding that the applicant had explored the various avenues, whereupon the Mayor noted that the above letter indicates that an approach was made to the Major Tournament Committee and the request does not fall within its jurisdiction, and Councillor Coughlan withdrew as seconder of the above motion on the basis that the request would be referred to the City Manager for further information. Mr. Wilson, in response to the Mayor, noted that the Recreation and Parks Advisory Board can give assistance to groups within a certain age group, being 20 years of age, and advised that the above request does not meet any City policy. Councillor Knibb proposed that the above request be received and filed whereupon Councillor Rogers noted that her motion for a $150 grant was on the floor. Upon the Mayor's observation that Councillor Coughlan withdrew as seconder of the subject motion, Councillor Landers indicated that she would second same. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending a report from the City Manager on the grant policy. Question being taken, the tabling motion was carried. On motion of Councillor Knibb 83-92 COMMON COUNCIL SEPTEMBER 3, 1991 Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. G. Hammond of 20 Mackay Street advising that on June 28 he was cited with a violation of the Flood Risk Area By-Law for adding four loads of fill to landscape his backyard, and the Building Inspector ordered him to remove the fill or petition to Common Council to invoke section 41.2(6) of the Flood Risk Area By-Law; also advising that he was not made aware that there was an existing by-law against introducing fill in the subject area, nor was he advised by local residents that he was in contravention of area by- laws; asking that Council consider his petition to invoke section 41.2(6) of the Flood Risk Area By-Law and, in the meantime, he will work with the Building Inspector's Office to resolve this dilemma; and suggesting that, in the future, all potential homeowners in this special designated area be made aware of the by-laws before any purchase of property in this area, and that real estate agents should make this information available to prospective buyers who normally expect to landscape or pave their driveways without having to solicit a permit from the Saint John Building Inspector's Office; and the matter of Mr. J. Irvine of 51 Simpson Drive as referred to by the Deputy Mayor -- be referred to the City Manager for a report to Council. The initial motion to refer the above matter to the City Manager, as moved by Councillor Knibb and seconded by Councillor Rogers, was withdrawn, as was a subsequent motion to invoke section 41.2(6) of the Flood Risk Area By-Law in order to excuse Mr. Hammond from the action he has taken with respect to his property, as proposed by Councillor Knibb and seconded by Councillor Fitzpatrick; and during discussion Deputy Mayor Gould advised that he has been contacted by Mr. J. Irvine of 51 Simpson Drive, whose case parallels that of Mr. Hammond, and asked that Mr. Irvine be included in Council's action at this time. Councillor Coughlan advised that he would be unable to vote on invoking section 41.2(6) of the By-Law at this time without further information from staff, and the Mayor suggested that, should Council wish to change the motion to invoke the section and refer the matter to staff for a report, the City, in the meantime, should take no action with respect to Messrs. Hammond and Irvine and other residents in the area who are planting seed. With respect to a timeframe for a report on the anticipated changes to the By-Law, Mr. Bedford advised that proposed revisions to the Flood Risk Area By-Law are dependent on the 1992 Capital Works Program which Council has yet to approve, and suggested that, with regard to the variance to the By-Law which is being requested by Mr. Hammond, it would be appreciated if Council would refer this matter to staff for a recommendation. Question being taken, the motion was carried. Read a letter from Mr. Alden MacKnight, President of MacKnight Motors Ltd., expressing the opinion that his letter to Council, dated August 2, 1991, has not been properly handled in that it did not specify that it be allocated to Committee of the Whole proceedings and was expected to be included on the regular open session for the Council meeting of August 6 and, by whatever circumstances, this letter was in Committee of the Whole on August 6 and, without his witness nor that of the citizens of Saint John, something happened therein, but he does not know what anyone said regarding his rightful request to the Mayor and Common Council to initiate an order to withdraw or stay standing court proceedings against MacKnight Motors Ltd.; and submitting a copy of the subject letter and a response to same from the Common Clerk, dated August 24, which informs him that his letter was received and filed; and requesting again that the City withdraw or stay all court proceedings the Building Inspector's Department has pursued against MacKnight Motors Ltd. and all concerned and that this request be considered at Council's regular open session. Councillor Knibb proposed a motion, which was seconded by Councillor Landers, that the above letter be received and filed; such motion subsequently withdrawn upon Councillor Fitzpatrick's suggestion that it would be in order for a letter to be forwarded to the proprietor of MacKnight Motors Ltd. to the effect that the City of Saint John is not prepared to withdraw or cause a stay of court proceedings. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the Common Clerk be instructed to forward a letter to MacKnight Motors Ltd. informing the said Company 83-93 COMMON COUNCIL SEPTEMBER 3, 1991 that the City of Saint John is not prepared to withdraw or cause a stay of court proceedings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of McAllister Place Limited for an amendment to the Section 39 re-zoning of 515-519 Westmorland 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 Tuesday, October 15, 1991. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk