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1992-02-24_Minutes 83-375 COMMON COUNCIL FEBRUARY 24, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of February, A. D. 1992, at 4:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor Councillors Coughlan, Davis, Flewwelling, Knibb, Rogers and A. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; D. O'Leary, Director of Economic Development; W. Butler, Director of Water and Sewerage Services; B. Morrison, Director of Parks; M. Jamer, Director of Works; S. Galbraith, Director of Supply and Services; D. Sherwood, Chief of Police; R. Johnston, Deputy Fire Chief; J. Johnson, Building Inspector; K. Galbraith, Manager of Public Affairs; E. LeBlanc, Insurance Coordinator; B. Malone, Planner; D. Harvey, Superintendent of Sanitation; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Mark Dail, Associate Pastor of Forest Hills United Baptist Church offered the opening prayer. Deputy Mayor Gould advised that a letter of congratulations has been forwarded on behalf of the City of Saint John to Saint John native, Mark Lackie, New Brunswick's first Silver Olympian, who, with the three other members of the short-track speedskating relay team, skated to the Silver Medal for Canada in Albertville, France, and that plans are being developed with a sponsor to welcome Mark home later this week; and proclaimed March 1992 to be Kidney Month; and February 29 to be Oxfam Day in the City of Saint John, Oxfam being an international development agency which works in partnership with people who are struggling to free themselves from the bonds of poverty and oppression. Councillor Knibb proposed a motion, which was seconded by Councillor Coughlan, to add to the agenda of this meeting the proposed pedway agreement with Saint John Mercantile Centre Limited, which was on the Committee of the Whole agenda on this date. Deputy Mayor Gould noted that the Council Procedure By-Law requires a two-thirds vote of the total membership of Common Council to add an item to the agenda, and the presence of only seven Council members at this meeting and, having read the relevant section of the By-Law, asked for direction from the City Solicitor in this regard. Mr. Rodgers advised that, based on his examination of the Council Procedure By-Law and Bourinot's Rules of Order, if the item is placed on the agenda without eight affirmative votes and, in view of the reason for it being added to the agenda, namely, to obtain authority for the Mayor and Common Clerk to execute the agreement, he would have very serious doubts about the validity of Council's motion to give authority to the Deputy Mayor and the Clerk to execute the agreement; therefore, in his opinion, eight votes are required to be certain that the policy adopted and the authorities are given are sound and cannot be challenged. The proposed motion was withdrawn with the consent of the mover and seconder, with Councillor Knibb suggesting that it might be possible to add the item later in the agenda should there be eight Council members present, and Councillor Rogers asking to, if necessary, place before Council at the end of this meeting a motion with respect to a special Council meeting to deal with the proposed pedway agreement. 83-376 COMMON COUNCIL FEBRUARY 24, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on February 17, 1992, be approved. Councillor Flewwelling asked how, as the City Manager's response to his request at the above meeting for a more detailed explanation of specific items from the list of payment vouchers is not on the agenda of this meeting and there is a lack of eight Council members present in order to add the item to the agenda, this matter should now be handled. Mr. Brown noted that Mr. Wilson was prepared at the last meeting to respond verbally to the questions and did not have the opportunity to do so, and suggested that Mr. Wilson could provide the responses at this time, otherwise he would be prepared to do so at another more convenient time. Upon Councillor Flewwelling's indication that he wanted the answers at this time, Mr. Wilson responded to the questions asked in Councillor Flewwelling's letter to Council at the last meeting. Mr. Brown noted that Council, at some time in the past, agreed to all the commitments for the expenditures to be paid; and advised that, in terms of an administrative procedure of Council with respect to how reports on expenditures should be handled in the future, he and the Commissioner of Finance would like to submit to Council, possibly at the next meeting, recommendations on how to deal with these matters in the City's best interest. Question being taken, the motion was carried. Councillor Flewwelling proposed a motion, which was seconded by Councillor A. Vincent, that items of expenditures over and above those authorized by the City Manager be placed before Council as a matter of information. Councillor Rogers rose on a point of order on the basis of the above matter being a new item for which a two-thirds vote of Council is required to add it to the agenda of this meeting. (Councillors Coughlan and Knibb withdrew from the meeting.) Deputy Mayor Gould noted the lack of a quorum, and Councillor Flewwelling withdrew the above-proposed motion. (Councillors Coughlan and Knibb re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Rogers commenting on the City of Fredericton's Municipal Youth Advisory Council, which has been very beneficial for the youth and the City; and asking that this item be referred to the City Manager with the intent of setting up a Municipal Youth Advisory Council for the City of Saint John -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0824T, Grandview Avenue Works GaraQe, Metal RoofinQ & SidinQ Meridian Construction Inc. Original estimated value of work Total work done, Estimate Number 2 Retention $ 49,400.00 55,820.00 Nil Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated February 20, 1992 Final holdback release 83-377 COMMON COUNCIL FEBRUARY 24, 1992 40,508.00 $ 15,312.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-14, Park Street Extension - Water and Sewer QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 18, 1992 Final holdback release 2. Contract 91-7, Watermain & Sewermain Renewal Pleasant Street, Ludlow Street & Market Place Dean Construction Limited Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated February 19, 1992 Partial holdback release. $249,615.00 220,952.26 Nil 217,490.61 3,461.65 226.46 $ 3,461.65 $249,470.00 230,435.10 1,000.00 154,873.40 74,561.70 4,877.87 $ 74,561.70 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $215,000 be accepted from Grove Construction (1986) Inc. as security to ensure the rehabilitation of the gravel pit at 2740 Golden Grove Road. Question being taken, the motion was carried. Read a report from the City Manager advising that the firm of Huestis Insurance Limited, which Council appointed in 1991 to act as the City's insurance broker for a five-year term beginning January 1, 1991, has presented its proposal for 1992; highlighting the submitted three schedules which set out the various coverages, deductions and premiums with respect to property insurance, automobile fleet insurance, comprehensive liability insurance, umbrella liability insurance, and public officials liability insurance; and advising that, while the City's agent approached nine reputable insurers for quotations, only the City's present insurers were willing to quote on all the major coverages, and the agent has indicated that, due to the City's loss ratios, he can understand the increases, but that the City is still below the per capita cost of Fredericton and Moncton. The report also advises that the funds presently available in the 1992 budget are $475,425 and the expected 1992 insurance costs, 83-378 COMMON COUNCIL FEBRUARY 24, 1992 allowing for midterm additions and deductible paybacks, should be in the vicinity of $600,000 and that, allowing for a recovery of premiums from associated entities of approximately $50,000, the City will be facing an overall cost of $550,000, and, in all likelihood, the projected insurance budget will be about $74,575 short for 1992 which will have to be picked up from other areas in the operating budget as the year progresses; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the 1992 insurance coverage proposal from Huestis Insurance Limited be accepted and authority be granted to make the payments as indicated in the above report from the City Manager. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the full report prepared by Jacques Whitford and Associates, dated January 1992, on the latest set of water samples from the Spruce Lake area, is available in the Council room, and, in summary, indicates very little difference from previous sampling events in that the Mill Creek and Marsh Creek areas do not appear to be significantly affected by landfill activities, and Burchill's Brook, as in previous sampling occasions, does continue to show signs of landfilling, and that the probable source of the bacteria in domestic well DM5, which shows levels of coliforms and fecal coliforms which exceed the limit of Canadian Drinking Water Guidelines, is a local septic system; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the above report on the water chemistry analysis at the Spruce Lake landfill and vicinity be received and filed and a copy of the Jacques Whitford and Associates report, dated January 1992, be made available to the Lorneville Ratepayers' Association and that the public in general be so notified. The mover and seconder of the proposed motion agreed to add, at the suggestion of Councillor Flewwelling, that the public in general be so notified, and Deputy Mayor Gould suggested that the report could be made more readily available if placed in the Common Clerk's Office, rather than in the Council room. Question being taken, the motion was carried. Read a report from the City Manager submitting an excerpt from the Federation of Canadian Municipalities' submission to the Special Joint Committee on a Renewed Canada, dated December 18, 1991, regarding an issue of concern with respect to the entrenchment of private property rights in the Constitution; advising that, while the introduction of property rights has been proposed, the wording has been vague and it is, therefore, difficult to evaluate the potential specific impacts; suggesting that, in view of the three apparent implications as listed, it is appropriate that municipal government be involved in any discussion on property rights amendments to the Charter; and submitting a recommendation in this regard in that it is anticipated that much of the cost of defending municipal initiatives against Charter challenges will be borne directly by the municipalities. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) Common Council express concern to The Right Honourable Joe Clark, Minister Responsible for Constitutional Affairs, stating that property right amendments should not be proposed until they are drafted in a fashion which is clear and unambiguous, and which strictly limits anticipated disruptions to current municipal government policy, programs, and regulations; (2) Council advise the Federation of 83-379 COMMON COUNCIL FEBRUARY 24, 1992 Canadian Municipalities (FCM) of this submission; and (3) Council advise the Provincial Government of this submission. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor referring to Council's consideration at its February 17 meeting of a recommendation from the Planning Advisory Committee with respect to a proposed Section 39 amendment to the conditions of re-zoning of 3840 Loch Lomond Road, as well as the discussion of the requirement for a public statement about the close vicinity of the proposed subdivision to the Airport; and expressing the opinion that a requirement of this nature on the subdivision plan would be an appropriate condition of re-zoning; however for such a condition to be part of a Section 39 amendment, re-advertising is necessary. The report concludes that the Development Officer has informed him that the owner of the property is willing to place such notice on the subdivision plan and, if done, this would serve the same purpose; however, Council should be aware that, if the owner fails to do so, there is no remedy available which would affect the re-zoning. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report from the City Solicitor be received and filed: AND FURTHER that as recommended by the Planning Advisory Committee, Council amend its May 24, 1988 Section 39 resolution regarding property at 3840 Loch Lomond Road by: (1) permitting the creation of two additional lots (91-7 and 91-8); and (2) allowing for the possible approval of a third additional lot (91-9) on condition that testing of the Douglas Lake water quality be carried out to the satisfaction of the Department of Municipal Affairs and Environment to verify that no contamination would occur from septic tank effluent and approval of the Department of Health with respect to septic tank and disposal field installation: AND FURTHER that the owner of the property place a notice on the subdivision plan about the close vicinity of the proposed subdivision to the Airport. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 5-A by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Westgate Park area (proposed Nelson Vale District Centre), and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area, 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 Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-264 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 41 Manchester Avenue (NBGIC Number 55072672), located on the west side of Manchester Avenue between Manawagonish Road and Scotiaview Drive, from "R-1A" One-Family Residential to "US" Utility and Service classification, save and except a portion of the above-noted parcel having a frontage on Manchester Avenue of approximately 24 metres (80 feet) and depth of approximately 54 metres (180 feet), and located directly adjacent to 101 Manchester Avenue (NBGIC Numbers 55067342 and 55072680), be read a third time and enacted and the Corporate Common Seal be affixed thereto. 83-380 COMMON COUNCIL FEBRUARY 24, 1992 The by-law entitled, "By-Law Number C.P. 100-264 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. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the by-law entitled, "By- Law Number C.P. 100-265 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 12 Birch Street West (NBGIC Number 35238), comprising 40 feet of street frontage and 110 feet in depth and approximately 4400 square feet in area, from "R-IA" One-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use to a maximum of three dwelling units. The by-law entitled, "By-Law Number C.P. 100-265 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. 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 February 10, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Council adopt the preferred option (System Y), with the conditions noted, all as outlined by staff in this report, and that Fundy SWAT be so notified. February 24, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Deputy Mayor Gould, who with Councillor Davis represent the City on Fundy SWAT, advised that Fundy SWAT adopted System Y, which includes waste reduction, education, maximized recycling and a sanitary landfill, and accepted the City's recommendation to re-evaluate the land requirements in order to provide for growth in that the 160 acres stipulated in System Y is predicated on the landfill accepting 75% of solid waste by 1995 and 50% by the year 2000 and, while it is hoped that these targets will be met, this depends on the success of the recycling program in that the market for recyclables is questionable; and that Fundy SWAT has been urged to approach the Department of Environment to immediately conduct a market study for recyclables. Question being taken, the motion was carried. 83-381 COMMON COUNCIL FEBRUARY 24, 1992 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 February 17, 1992, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That the City Manager's report submitting the vehicle policy, which was considered in Committee of the Whole on February 10, 1992, be considered at the next open session of Council. February 24, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above report be received and filed and Council confirm the existing vehicle policy as outlined by the City Manager. Councillor Coughlan expressed concern about the type of vehicles purchased, their assignment and traditional use, and the fact that, while the City Manager has reviewed the policy, he is still recommending that employees be allowed to take City vehicles to their place of residence outside the City limits particularly in view of the City's residency policy, and also about the assignment of vehicles to seven members of the Police Department. Moved in amendment by Councillor Coughlan Seconded by Councillor Rogers RESOLVED that no City vehicle be permitted outside the City limits unless travelling on City business. Question being taken, the amendment to the motion was lost with Deputy Mayor Gould and Councillors Davis, Flewwelling, Knibb and A. Vincent voting "nay". During discussion it was noted that this provision is included in the existing vehicle policy under the Guidelines 4.4; and Councillor Rogers, in noting that former City Manager G. Taylor did not carry through on issues relevant to the vehicle policy although he indicated to Council he would do so, asked why vehicle pooling has not been carried out and if other cities have been surveyed in reference to this, to which Mr. Brown replied that the City does, in fact, have a vehicle pool in that the Building Inspection, Planning and Engineering Departments use a pool, and that the City has a variety of cars for the City's use, being cars assigned to employees on an on-call and on-duty basis, with vehicles left at the place of work, some at the City Hall parking garage, meaning that there are three different sorts of vehicle assignment, and he noted that the vehicle policy before Council, which Council approved on November 26, 1990, outlines a number of basic objectives and guidelines and gave the City Manager the ability to make administrative adjustments to the policy without further advising Council as long as the adjustments were consistent with the basic statements of policy and objectives, with only one change having been made and that by Mr. Wilson who, as Acting City Manager, on June 20, 1991, made an administrative change allowing for a passenger to be in a vehicle only if there was no additional travel required, and to enable staff, while using a City vehicle on City business, to undertake 83-382 COMMON COUNCIL FEBRUARY 24, 1992 incidental and very minor activities of a personal nature, such as to stop off at a convenience store directly on the way home, thereby allowing no extra time nor trips, and that such change, in his opinion, was in full conformity with the policy Council approved. Mr. Brown clarified that, while former City Manager G. Taylor was of the opinion that it would be possible to not allow City vehicles to be taken to employees' places of residence and so advised Council that such would be the case, Council was also advised that the situation would be left with the Assistant City Manager - Operations to address and to propose a solution for within thirty days, and Mr. Robichaud explained that he met with Mr. Taylor in this regard to express his concern that the City has to be able to respond to a problem immediately, not about whether an employee lived in or outside the City, and that the reason an employee should take a vehicle home was to be able to respond for operational purposes, although it is realized that residing too far outside the City limits is relevant to responding to an issue and the employee has to be able to respond within a reasonable period, otherwise the employee would not take a vehicle home, and that Mr. Taylor appreciated the fact that the City could not operate properly if what he proposed was put in place and he decided not to put it in place. Mr. Brown expressed the opinion that the policy in place very reasonably covers the intent of providing to staff members vehicles consistent with their ability to provide duties to the City and advised his intent to review the vehicle policy in 1992 and submit any recommendations for Council's consideration. Question being taken, the original motion was carried with Councillors Coughlan and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1991 Annual Report of the Board of Trustees of the City of Saint John Pension Fund be received and filed with appreciation. Mr. Wilson, Treasurer of the Board of Trustees, highlighted the above Annual Report by recognizing the Board's investment manager, the firm of Jarislowsky, Fraser & Company, in that the Board commenced the year with approximately $102 million and completed the year with $121,609,261, an increase of $19,437,583 from the previous year, being a rate of return for the year of 19.7% which is exceptionally good, and the Fund's ranking in the top 16% of similar funds measured by the firm of SEI Limited, which is again an exceptional performance; and noted that, for the past 5 years, the average rate of return has been 9.6%, with inflation during that period having been 4.4%, meaning that the real rate of return was 5.1 %, far in excess of inflation. Mr. Wilson also noted that the Board has before it an actuarial review of December 31, 1986 which indicates an unfunded liability of $7,020,000, as well as an intervaluation estimate as of December 31, 1987 indicating that the unfunded liability had grown to $11,387,000, and also that the Plan is due for another actuarial review as at December 31, 1991 which should be completed within the next three months. Mr. Wilson commented on the matter of 1992 Federal and Provincial legislation which will impact the City's Pension Fund, the latter dealing with minimum standards that must be followed for any pension fund in the Province, although it is believed that the benefits in the City's Pension Plan exceed those prescribed as minimum by legislation thereby requiring no major changes in the City's benefits, with an added administrative responsibility relating to specifications for types of communication that should take place between a plan sponsor and its participants; and the former being significant to the City because of its comments with respect to disability in that the City's Plan prior to 1992 had a disability definition with disability benefits paid from the Pension Plan, while the Federal legislation will require compliance with its definition of disability, in order to continue to have pension plans registered, and its definition is much more stringent and restrictive than the definition in the City's Pension Plan. (Councillor Coughlan withdrew from the meeting during the above remarks.) Question being taken, the motion was carried. On motion of Councillor Knibb 83-383 COMMON COUNCIL FEBRUARY 24, 1992 Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Pierre Blais, Minister of Consumer and Corporate Affairs, responding to Common Council resolution of November 4, 1991 expressing concern with regard to the proposed method of financing for the Wage Claim Payment Program; advising that Bill C-22 received second reading in the House of Commons on November 5 and is now before the Standing Committee on Consumer and Corporate Affairs and Government Operations for detailed clause-by-clause review; and assuring Council that its views will be considered during this legislative review of Bill C-22 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of E.P. Steeves Ltd. for an amendment to the Section 39 conditions of re-zoning of 93 Loch Lomond 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 March 30, 1992. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John School of Nursing Alumnae Association asking the City to consider giving a grant of $500 to assist in its reunion in recognition of 1992 being the 20th year of graduating nurses into the nursing profession -- be referred to the City Manager. Councillor Knibb initially proposed a motion, which was not seconded, that the above letter be received and filed, and Councillor Knibb expressed opposition to Council financially supporting reunions of this nature. Councillor Coughlan asked if the City differentiates between conventions and reunions in that both attract visitors to the City. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Tourism Industry Association of New Brunswick requesting assistance with its upcoming Annual General meeting to be held April 24, 25 and 26 in Saint John -- be referred to the City Manager for a recommendation. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Dr. Apollos Ikejiani of Saint John Analytical Services Ltd. explaining why he had initially wanted to make his presentation on fluoridation in closed session, and accepting the opportunity to address Council in open session -- be received and filed and the Common Clerk make arrangements for his presentation to Council. Councillor Rogers suggested that Dr. Ikejiani should be made aware of the rules and regulations for making a presentation to Council in that its purpose is not to ask questions of Council but rather to give Council information, and Councillor Knibb 83-384 COMMON COUNCIL FEBRUARY 24, 1992 suggested that the above motion should caution him in this regard. Question being taken, the motion was carried with Councillors Knibb and Rogers voting "nay". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Dr. Tim Chaisson, President of the Saint John & District Dental Society, expressing agreement with the Canadian Dental Associations Policy Statement on Controlled Water Fluoridation which recommends that, where possible, the fluoride content of community water supplies be adjusted to the optimal level for the maximum protection of dental decay -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the letter from the Rothesay Legion Scout Troop requesting a donation to assist in its attendance at the Boy Scouts of America 1992 Connecticut International Camporee, scheduled for July 2- 11 -- be referred to the City Manager to determine if the Public Relations or Public Affairs Office could be of assistance to this group. Councillor Knibb initially proposed a motion, which was not seconded, to receive and file the above request. Question being taken, the motion was carried. Councillor Knibb made the observation that Council was still not in a position to add to the agenda of this meeting the proposed pedway agreement with Saint John Mercantile Centre Limited in that there were still only seven Council members present; and he proposed a motion, which was seconded by Councillor Rogers, that the Common Clerk and the City Manager consult with the Deputy Mayor to arrange for Council to meet in Committee of the Whole and later have a special meeting in open session in this regard. Deputy Mayor Gould noted that a two-thirds vote of the whole Council would be required to add this matter to the agenda at this time and, following Mr. Rodgers' advice that, in the Mayor's absence, the Deputy Mayor should be given the first opportunity to call a special meeting of Council and, if he refuses, only after that would three Council members be permitted to send a notice to the Common Clerk to call a special Council meeting, Deputy Mayor Gould advised that he would take steps to call a special meeting as soon as an adequate number of Council members was available to constitute a quorum. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk