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1992-03-16_Minutes 83-412 COMMON COUNCIL MARCH 16, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of March, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 1. Totten, Deputy 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; D. O'Leary, Director of Economic Development; W. Butler, Director of Water and Sewerage Services; M. Jamer, Director of Operations; S. Galbraith, Director of Supply and Services; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; R. Johnston, Deputy Fire Chief; G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; B. Malone, Planner; P. Asimakos, Planner; M. Hanlon, Purchasing Agent; G. Yeomans, Manager, Accounting Services; B. McCarthy, Personnel Officer; Miss D. Murray, Manager of Public Relations; Ms. M. Chaperlin, Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Donald Breen of the Cathedral of the Immaculate Conception offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on March 9, 1992, be approved. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that a March 16, 1992 Committee of the Whole recommendation concerning the Saint John Regional Exhibition Centre, and a recommendation concerning soccer (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. The Mayor proclaimed March 22 to 28 to be National Physiotherapy Week in the City of Saint John, and commented on The Salvation Army Food Appeal Drive from March 9 to 30. Councillor Rogers, a member of the Organizing Committee of Moosehead Skate To Care, presented to the Mayor a framed photograph collage of the Skate To Care '92 event in appreciation of the City of Saint John's Corporate Sponsorship. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the City Manager's 83-413 COMMON COUNCIL MARCH 16, 1992 reports (copies of which were forwarded to Council members as information items) concerning the amounts paid by the Province for the Saint John Regional Exhibition Centre, and the quantity of chain link fencing installed, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455, respectively), from Low Density Residential to High Density Residential classification; and (b) the proposed re-zoning of the smaller parcel at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood Institutional to "RM-2" High Rise Multiple Residential classification, to permit the two parcels to be combined for future development of high-rise apartments, as requested by Corporation 1906 Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that the applicant expressed agreement with the recommendation contained in the submitted copy of the Planning Department's report considered at the Committee's March 10 meeting; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to High Density Residential, two parcels of land at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455); and (2) the smaller parcel, known as 10 Magazine Street (NBGIC Number 31088), be re-zoned from "IL-1" Neighbourhood Institutional to "RM-2" High Rise Multiple Residential classification. Mr. Graeme Scaplen appeared in support of the application representing Corporation 1906 Inc. and advised that, at the recommendation of the Planning Department, the Company is looking to re-zone the two parcels of land in question in consideration of a possible high-rise condominium project of which the Company is considering the feasibility, and that the proposed re-zoning would put things in order for this project. During discussion Mr. Scaplen confirmed that, while he is aware that Planning staff has come concern about the water pressure in the area, the applicant has no concerns in this regard at this time; and he explained that the applicant has put forth a proposal and discussed drawings with the Planning Department and that, as the parcel of land carries two various types of zonings, the application is intended to make the zoning consistent so the applicant can proceed, although it would be necessary to seek Council's final approval of the plan. 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 redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455), from Low Density Residential to High Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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 redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455), from Low Density Residential to High Density Residential classification, be read a second time. 83-414 COMMON COUNCIL MARCH 16, 1992 Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood Institutional to "RM-2" High Rise Multiple Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood Institutional to "RM-2" High Rise Multiple Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 16, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by The Market Square Corporation, the Corporation be authorized to issue a public tender call for a fixed price contract for the construction of the Regional Exhibition Centre, with the design to include provision for additional box seats and completion of the concourse level. March 16, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above report be 83-415 COMMON COUNCIL MARCH 16, 1992 received and filed and the recommendation therein be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the City of Saint John guarantee up to $20,000 regarding the hosting by Soccer New Brunswick Inc. of an International Soccer Match between Canada and Poland on Thursday, July 2, 1992, in Saint John. The Mayor asked that Mr. MacKinnon, the City's ex-officio member of the Major Tournament Committee, ensure that Mr. Derek Wisdom, Executive Director of Soccer New Brunswick Inc. contacts the Major Tournament Committee regarding the above matter, and made the observation that, hopefully, the Soccer Match will represent no cost to the City and that the above motion is just a matter of supporting the group in this matter. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, as at March 13, 1992, the City has submitted claims to the Province for $713,381.55 on account of design and excavation for the Saint John Regional Exhibition Centre and, to date, the City has received $180,073.87, such information having been requested at last week's meeting -- be received and filed. Mr. Wilson, in response to Councillor Flewwelling, explained that the process for reimbursement from the Province is that the City pays the amounts and submits claims to the Province as evidence that the bills have been received in the amounts claimed, and that the turnaround time has been fairly good in that the amount unpaid was billed very recently and the Province paid the initial $180,073.87 almost within days of the City submission of the bill. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the report from the City Manager responding to Council's March 9 questions on the quantity of chain link fencing installed at various City facilities by Fundy Fencing Ltd. -- be received and filed. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the total number of pieces covered by the tender for motorized equipment is 46, of which 15 are for replacement of Police vehicles and have been dealt with by the Police Commission and the other 31 units are addressed in the submitted bid summary; also advising that, following receipt of tenders, a letter was received from Brunswick Chrysler Plymouth Ltd. requesting to withdraw its bids 92-7001 BT and 7005BT in which errors had been made; further advising that the lowest tender meeting specifications is being recommended for acceptance in all but one instance in that the lowest bid on No. 92-7006AT (7 compact trucks) submitted by Centennial Pontiac in the amount of $111,888.47 has a promised delivery of 16 weeks, while the second lowest bidder, Dobson Chrysler in the amount of $112,877.82, promises to deliver within 8 weeks, and it is staff's opinion that acceptance of the higher bid will result in overall cost savings by reducing the amount spent on rentals; and recommending that (1) the tender, at a total value of $1,201,042.60, be awarded as follows:- Bid No. 92-7001T - Dobson Chrysler Bid No. 92-7001 DT - Dobson Chrysler Bid No. 92-7004T - M.I.1. Sales Ltd. $ 34,193.88 $ 34,514.56 $ 31,585.69 83-416 COMMON COUNCIL MARCH 16, 1992 Bid No. 92-7005T - Brunswick Chrysler $ 46,006.74 Bid No. 92-7005AT - Centennial Pontiac $ 22,734.95 Bid No. 92-7005BT - Downey Ford $ 22,358.45 Bid No. 92-7006T - Downey Ford $ 26,855.08 Bid No. 92-7006A T - Dobson Chrysler $112,877.82 Bid No. 92-7007T - Downey Ford $ 36,005.13 Bid No. 92-7007AT - Downey Ford $ 75,114.90 Bid No. 92-7007BT - Downey Ford $ 39,704.81 Bid No. 92-7013T - Saunders Equipment - $ 69,450.76 Bid No. 92-7015T - Lounsbury Co. $ 83,737.60 Bid No. 92-7015AT - Lounsbury Co. $122,360.42 Bid No. 92-7015BT - Bayview International - $138,010.74 Bid No. 92-7015CT - Bayview International - $ 97,659.82 Bid No. 92-7019T - LeClair Equipment $ 62,888.71 Bid No. 92-7029T - Lounsbury Industrial - $ 67,687.02 Bid No. 92-7010T - Lounsbury Industrial - $ 77,295.52; (2) the Mayor and Common Clerk be authorized to sign a total cost bid agreement with respect to Bid No. 92-7010T for a period of 7 years or 10,500 hours; and (3) the request of Brunswick Chrysler Plymouth Ltd. to be permitted to withdraw bids No. 92- 7001 BT and 92-7005BT be granted. A motion was proposed by Councillor Knibb and seconded by Councillor Davis to adopt the above recommendation of the City Manager. Deputy Mayor Gould asked that Bid No. 92-7006A T for 7 compact trucks be deleted from the motion in that the recommendation deviates from the lowest price, and asked if, on the basis that staff is giving delivery date as the reason for recommending the higher tender, the tender call stipulated that the vehicles must be delivered within a specific time period or include a time limit for delivery of the vehicles. Mr. Hanlon replied that the bidders indicate to the City how long it will take them to deliver the equipment and this is taken into consideration by staff during review and analyzation of the tenders and that, as the criteria of delivery date has been used for years as one of the factors considered by the City, he assumes that the tenderers would be aware of this criteria; and also that there is a penalty assessed, if delivery is late, to cover any costs that the City occurs, including rental and maintenance costs, until the vehicles are received; therefore, there is a real benefit for the City, in staff's opinion, to accept the higher bid because, in the long run, the City will spend less money. In response to the Deputy Mayor's question about what the City is using now for compact trucks, Mr. Hanlon advised that the 7 compact trucks are to replace 7 vehicles presently in the City's fleet, the latter which will be used until such time as they are auctioned off in the fall and will offset the rental costs that would be incurred during this period of time, although the rented vehicles are not filling the job of the 7 vehicles to be replaced, but are being used in the summer programs, for maintenance work and so on which is normally carried on in May, June and July, the period of time during which the City would be waiting for the vehicles from Centennial Pontiac. The mover and seconder of the proposed motion agreed to remove from the motion the City Manager's recommendation to award Bid No. 92-7006A T to Dobson Chrysler. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the tender for motorized equipment be awarded as follows:- Bid No. 92-7004T - M.I.1. Sales Ltd. Bid No. 92-7005T - Brunswick Chrysler Bid No. 92-7005A T - Centennial Pontiac Bid No. 92-7005BT - Downey Ford Bid No. 92-7006T - Downey Ford Bid No. 92-7007T - Downey Ford Bid No. 92-7007AT - Downey Ford Bid No. 92-7007BT - Downey Ford Bid No. 92-7013T - Saunders Equipment - Bid No. 92-7015T - Lounsbury Co $ 31,585.69 $ 46,006.74 $ 22,734.95 $ 22,358.45 $ 26,855.08 $ 36,005.13 $ 75,114.90 $ 39,704.81 $ 69,450.76 $ 83,737.60 83-417 COMMON COUNCIL MARCH 16, 1992 Bid No. 92-7015AT - Lounsbury Co $122,360.42 Bid No. 92-7015BT - Bayview International- $138,010.74 Bid No. 92-7015CT - Bayview International- $ 97,659.82 Bid No. 92-7019T - LeClair Equipment $62,888.71 Bid No. 92-7029T - Lounsbury Industrial $ 67,687.02 Bid No. 92-7010T - Lounsbury Industrial $ 77,295.52; (2) the Mayor and Common Clerk be authorized to sign a total cost bid agreement with respect to Bid No. 92-7010T for a period of 7 years or 10,500 hours; and (3) the request of Brunswick Chrysler Plymouth Ltd. to be permitted to withdraw bids No. 92- 7001 BT and 92-7005BT be granted: AND FURTHER that as recommended by the City Manager, Bid Nos. 92- 7001 T and 92-7001 DT be awarded to Dobson Chrysler, in the amounts of $34,193.88 and $34,514.56, respectively. Councillor Coughlan asked if the type of sedans to be purchased is monitored in that there appears to be some degree of opulence and extravagance which, hopefully, is not indicative of various positions getting a particular vehicle, and expressed the understanding that the user identifies the type of vehicle to be purchased. Mr. Galbraith replied that the user department would identify the needs to be filled by the vehicles and, based on the function and purpose of the vehicles, staff considers the market and work within that range to develop the technical specifications, with a number of companies subsequently able to bid on these technical specifications; and Mr. Brown made the observation that, following Council's recent discussion on the vehicle policy, there was a commitment on his part to look at the development of specifications for vehicles to ensure that vehicles are closely aligned to their use, and that this will be done this year. Councillor Coughlan asked if it is necessary to purchase all of the above vehicles at this time on the basis that there could be monetary saving to the City to first review the specifications. The Mayor suggested that, if there is no urgency in the above purchases, staff would provide a teach-in for Council at the next meeting on the use of the vehicles and for whom they are being purchased, and Mr. Robichaud asked that, if Council wishes to delay the tender award for passenger vehicles, Council award the remainder of the tender as recommended in that some of the heavy equipment is urgently needed. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the City Manager's recommendations for the award of Bid Nos. 92-7001T and 92-7001 DT be laid on the table. Question being taken, the tabling motion was carried with the Mayor and Councillors Davis, Fitzpatrick, Gould and Knibb voting "nay". Councillor Flewwelling expressed disagreement with the recommended award of Bid No. 92-7007T to the second lowest tenderer due to the lowest tenderer's variation from specifications as indicated on the submitted bid summary; and Deputy Mayor Gould questioned the recommended award in that the recommended tenderer has an 18-week delivery period, while the lower tenderer's delivery period is 10 weeks. Question being taken, the motion excluding Bid Nos. 92-7001T and 92- 7001 DT was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender for Bid No. 92-7006A T be awarded to Dobson Chrysler in the amount of $112,877.82. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". Notice had been given to Stanley Elmer Leonard Wilson in his capacity 83-418 COMMON COUNCIL MARCH 16, 1992 as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, to appear at this meeting of the Common Council to show cause, if any, why the building located at 1377 Lorneville Road (NBGIC Number 285338), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Consideration was given to a report from the Building Inspector regarding the one-storey wood frame building at 1377 Lorneville Road (NBGIC Number 285338); stating that this one-storey wood frame structure is deteriorated, dilapidated, dangerous and open to the public; and recommending that Common Council pass the submitted resolution by virtue of the Saint John Building Act of 1925. Mr. Johnson circulated photographs of the subject building which, he advised, has been in a partially-built condition for at least four years, and is not safe and is dangerous; and recommended that the building be demolished in accordance with his submitted recommendation. Mr. Stanley Leonard Elmer Wilson appeared before Council, and advised that he has put much work into the subject building, having put jack posts under it which were stolen by vandals and put plywood up which was ripped off, and that some of the flooring has been torn out of the building. The Mayor asked how long Mr. Wilson has been working on the house to which Mr. Wilson replied that, lately, he has not been working on the building because he has a bad back and also that, as he has been working on the other property which is also before Council at this meeting, he could not work on both of the properties at once in that, at the time of his 1988 appearance before Council, his father's house had top priority as being dangerous, while the other property, as indicated in the photograph, has a four-foot wall and is quite high and, therefore, he cannot see any danger in this regard, although it is open. In response to Councillor M. Vincent's question as to a time frame to work on the property, Mr. Wilson advised that his son has offered to assist on the weekends, although he does not know which property the City wants him to work on first. The Mayor asked if Mr. Wilson indicated in 1988 that he would take action on this property, to which Mr. Wilson indicated in the affirmative and added that he has had a bad back and has found it hard to work on the property. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that notice having been given to Stanley Elmer Leonard Wilson in his capacity as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 1377 Lorneville Road (NBGIC Number 285338) in the City of Saint John, requesting that the said owner 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 1377 Lorneville Road in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Stanley Elmer Leonard Wilson in his capacity as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, is hereby required to remove or destroy the said building situate at civic number 1377 Lorneville 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 Stanley Elmer Leonard Wilson in his capacity as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, to remove or destroy the said building situate at 1377 Lorneville 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 Stanley Elmer Leonard Wilson in his capacity as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, Owner. The Mayor questioned, in view of an indication that another person 83-419 COMMON COUNCIL MARCH 16, 1992 wished to address Council in this regard, the propriety of such an address, to which Mr. Rodgers explained that, under the 1925 Act, the notice with respect to persons to show cause why the building should not be ordered demolished is forwarded to the owners, which means persons with interest in the land; and expressed the opinion that any other person who speaks would have to be by a decision of Council as a separate motion requiring a two-thirds majority vote. In response to an indication that Mr. Wilson is not the owner of the property and to the Mayor's question as to ownership, Mr. Wilson advised that he has a deed to the property. Mr. Rodgers also explained that the notices were forwarded on the basis of the City's efforts through the Registry Office and in satisfaction of the 1925 Building Act; however, if there is a person who wishes to come forward at this time to provide information that contradicts same, he would be pleased to examine the information to see if it has any relevance to this hearing. In response to the Mayor, Mr. Wendell Pickering identified himself as the person who wished to address Council. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that Mr. Wendell Pickering be invited to address Council at this time. Question being taken, the motion was carried. Mr. Pickering clarified that Elmer Wilson is his half-brother and the Executor to the Will, and the property was willed to Troy Wilson, who is Elmer Wilson's son, and Gladys Wilson, who he is representing as Power of Attorney for her part of the property. Mr. Rodgers suggested that Mr. Pickering could proceed with his comments about the subject building, with Council to make no decision until the City Solicitor confirms whether or not his comments have any relevance to this matter. Councillor M. Vincent asked if Mr. Pickering is contesting the demolition notice against the wrong owner or giving information as to why the building should not be torn down, to which Mr. Pickering replied that he is questioning Mr. Wilson being recognized by Council as the owner of the property and also to deal with the property itself. Mr. Johnson clarified that he inadvertently distributed the photographs of the foundation and partially-constructed property at 1381 Lorneville Road and that the photographs of the subject property show not the partially-built but the partially- demolished house, whereupon he circulated the photographs of the property at 1377 Lorneville Road. Mr. Pickering explained that, having visited the property last fall, the building was secured and the basement was filled in with gravel etc. in a manner in which, he understood, Council required after the damages, and that an attempt is being made to sell the property and, if possible, he would like not to have to tear the building down. At the Mayor's request, Mr. Wilson was shown the proper photographs of the subject property in that he, like Council, had inadvertently been shown the wrong photographs earlier in this meeting. The Mayor asked the amount of work carried out by Mr. Wilson on the subject property during the last four years to which Mr. Wilson advised that, while it is now a matter of money, there is all new flooring in the building, jack posts were placed under it which vandals removed, and new floor joists and boards were put in place, and that the building is closed up. Mr. Johnson clarified that the building before Council at this time was fire-damaged some years ago and it has never been completely fixed up, having been previously before Council approximately four years ago at which time Mr. Wilson made certain representations and he wrote a letter on September 30, 1988 to Mr. Wilson asking to be provided with a schedule indicating the various activities to complete the 83-420 COMMON COUNCIL MARCH 16, 1992 project and when he expected to do them, including securing the building and completing the project as soon as possible. Mr. Johnson advised that the building was secured and has been kept relatively secured over the time period, although the project has not been completed and a portion of the building hangs over and, as well, the building could very easily be fired because it is accessible from the underneath; therefore, it is for these reasons that he is concerned about this project which does not seem to finish. During discussion Mr. Johnson advised that he visited the property earlier this date and that, as indicated, there was some work done in 1988 as well as foundation work carried out as described by Mr. Wilson; however, there has been nothing material done of which he is aware in the last two or three years, and the building has stayed more or less as indicated in the photograph circulated; and confirmed that he believes the building to be a potential danger to either the public and/or a firefighter who might be called in to fight a fire. Mr. Rodgers, referring to the confusion over the photographs and the two buildings being considered at this meeting under the 1925 Building Act, expressed the opinion that no person has been prejudiced by this and that Council should proceed and deal with this matter and that Council's resolution to accept the Building Inspector's recommendation would be in order, if it so wishes, and, if adopted and there is a problem with ownership, he would be advising the Building Inspector to re-advertise the property for consideration by Council under those conditions; and that Council should proceed at this point on the basis that everything is in order and hear only Mr. Wilson in this regard. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) Notice had been given to Stanley Elmer Leonard Wilson to appear at this meeting of the Common Council to show cause, if any, why the foundation and partially-constructed building located at 1381 Lorneville Road (NBGIC Number 471045), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Consideration was given to a report from the Building Inspector regarding the foundation and partially-constructed one-storey wood frame structure at 1381 Lorneville Road (NBGIC Number 471045); stating that the building is deteriorated, dilapidated and dangerous; and recommending that Common Council pass the submitted resolution by virtue of the Saint John Building Act of 1925. Mr. Johnson circulated photographs of the above-mentioned building and clarified that, as indicated earlier in this meeting, the building in question is the partially-completed building which has been sitting that way since 1988. Mr. Stanley Leonard Elmer Wilson appeared before Council and advised that it was necessary for him to stop work on the subject building in order to work on the property at 1377 Lorneville Road subsequent to its 1988 hearing under the 1925 Building Act. Mr. Wilson also advised that, when his back has improved, he will definitely be covering the top in on the building. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that notice having been given to Stanley Elmer Leonard Wilson, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 1381 Lorneville Road (NBGIC Number 471045) in the City of Saint John, requesting that the said owner 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 1381 Lorneville Road, in the said City to be dilapidated and dangerous: 83-421 COMMON COUNCIL MARCH 16, 1992 AND BE IT FURTHER RESOLVED that the said Stanley Elmer Leonard Wilson, is hereby required to remove or destroy the said building situate at civic number 1381 Lorneville 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 Stanley Elmer Leonard Wilson, to remove or destroy the said building situate at 1381 Lorneville 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 Stanley Elmer Leonard Wilson, Owner. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Gould voting "nay". (Councillor Fitzpatrick re-entered the meeting.) Patricia Allaby, President of The Saint John District Labour Council, addressed areas of possible cost savings to the City through more efficient operations; and commented on the following issues as detailed in the previously-submitted brief:- (1) City-owned vehicle use on the basis that City staff has far greater personal use of City vehicles than is necessary, with the recommendation being that the vehicle policy be examined to ensure that City staff who need vehicles be provided with them and, for those who do not need them, the vehicles be sold or used elsewhere; (2) top-heavy management, suggestions for which the District Labour Council is willing to discuss more fully in closed session; (3) contracting out, with the recommendation being that the City examine its habit of awarding services to outside private contractors; (4) money spent for administrative purposes in the Fire Department, with the recommendation being that money earmarked to be spent on computers and soft ware, which has given no direct benefit to the citizens, be spent on something that will provide a direct benefit, such as real constant manning or equipment for fighting fires; (5) raises for management staff in that the increases granted were contrary to the spirit of the Expenditure Management Act 1991; and (6) cross-border shopping on the basis that the City's efforts to keep shoppers here should continue as tax revenue is generated and local workers enjoy more job security when area citizens "Shop Saint John", although the City went to Maine for grader blades and it is the understanding that the City's supplier for oxygen and acetylene gets his supply from the United States. During her presentation Ms. Allaby circulated copies of the photographs referred to in the District Labour Council's brief. The Mayor thanked Ms. Allaby for her presentation and, having explained that it was necessary to purchase grader blades in the United States when the supplier could not produce the City's order and it was a choice of not being able to snow plow or purchase from Maine, suggested that staff should be given an opportunity to address each issue in the Council's brief. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the presentation on behalf of The Saint John District Labour Council concerning City expenditures be referred to the City Manager and, at the earliest convenience, the President of The Saint John District Labour Council meet with Council in Committee of the Whole to discuss more fully the suggestions for cost savings related to the top-heavy management structure. Question being taken, the motion was carried. Following a brief recess, the Council meeting resumed. Dr. R. N. Popat, Chairman of the Working Group on Multiculturalism and Race Relations, expressed appreciation to the Canadian Association of Broadcasters for permitting the Group to publicly present a video of its television advertisements expressing the concerns at the national level with respect to the issue of race relations, which was presented to Council at this time. 83-422 COMMON COUNCIL MARCH 16, 1992 Dr. Popat, in presenting the Report of the Working Group on Multiculturalism and Race Relations, acknowledged the presence in the Council Chamber of Working Group members Carl White, Grace Kern, Howard Cogswell, and Councillor J. Coughlan; and, having commented on the Group's mandate and the procedure followed in order to prepare its Report, advised that, through investigation and discussion with Saint John residents, the Working Group has confirmed that (1) intolerance and racial discrimination are real and legitimate problems in the City; (2) the magnitude of the problems is not on a similar scale as in several large cities in the country; and (3) by developing proactive recommendations and learning positive attitudes, the problems can be controlled and racial harmony can be enhanced in the community, and also that the positive aspects of education, learning, communication and mutual respect form the very basis of the Working Group's recommendations. Dr. Popat noted that the Working Group's recommendations are under five headings including (1) civic policy on multiculturalism; (2) education; (3) employment; (4) access to services; and (5) community relations; and, with regard to a civic policy on multiculturalism, recommended that (1) the Common Council of the City of Saint John adopt the following policy statement: "The City of Saint John is committed to a multicultural, multiracial community. It considers the presence of people from a wide range of racial, ethnic, cultural and religious backgrounds to be a reflection of the Canadian ideal and a source of enrichment and strength. It firmly believes that its diverse publics have a significant role to play in participating in Municipal Government as well as in the life of the community. The City of Saint John affirms the equality of all people. The City of Saint John will not tolerate discrimination on the basis of race, national or ethnic origin, colour or religion. The City of Saint John promotes understanding, sensitivity and positive attitudes towards people of all ethnic, racial and cultural origins. The City of Saint John will ensure that these multicultural values are reflected in all City by-laws, policies and programs, and in the promotion and delivery of services.". Under the education aspect, Mr. White recommended that the City of Saint John (2) with the assistance of local institutions, develop and implement a pilot training program in cross cultural understanding for civic officials and employees and, upon review, the program could be made available to other employers as well as the general public; (3) ask all New Brunswick universities to make cross cultural training an essential component of all education degree programs; (4) encourage all local educational institutions to provide in-service training programs in cross cultural understanding; (5) urge New Brunswick's universities and community colleges to enhance the multicultural aspects of their curricula; and (6) urge school boards serving Greater Saint John to make cross cultural education a component of the school curricula at all grade levels, kindergarten through grade twelve. Mrs. Kern presented the following recommendations under the employment aspect:- the City of Saint John (7) develop and adopt a policy statement indicating that it is an Equal Opportunity Employer and implement a program to communicate this policy and to promote equal access to employment with the City; and (8) commend equal opportunity employers and encourage other employers in Saint John to develop and adopt similar policy statements and programs; and, with to the issue of access to services, recommended that (9) emergency dispatch services, in particular Police and Fire, assess the need and develop the capability to respond to calls in both official languages; and (10) the City of Saint John continue to have a staff person with French language capability available during normal business hours. Mr. Cogswell addressed the following recommendations related to access to services and community relations:- (11) the City of Saint John express its willingness to participate in the activities of ethnocultural groups in the community at their request; (12) the City of Saint John take steps to ensure that its boards, committees and commissions generally reflect the rich ethnic and racial diversity of the community; (13) the City of Saint John ask the Human Development Council to help form a race relations committee that is community based, made up of representatives of ethnic groups, interested persons and the City of Saint John, has a four-part function (monitoring board, facilitating body, resource group, and advocacy group), and will provide advice and an annual report to Common Council regarding the status of race relations in Saint John and actions initiated by the City; (14) the City of Saint John take the lead in bringing together the New Brunswick Liquor Licensing Board, the New Brunswick Human Rights Commission, the hospitality industry and concerned persons 83-423 COMMON COUNCIL MARCH 16, 1992 to discuss issues and workable resolutions to discriminatory incidents at licensed establishments in Saint John; (15) the City of Saint John recommend to the Province of New Brunswick that amendments be made to the Human Rights Act and/or the Liquor Licensing Act, as appropriate, to include provisions that licensed establishments which restrict access or otherwise discriminate on the basis of race, colour, religion, national origin, ancestry or place of origin are in violation of the Act(s) and subject to a penalty; (16) provisions be included in the regulations of all licensing bodies operated under the auspices of the City of Saint John (i.e. taxis) to penalize those found guilty of violating the New Brunswick Human Rights Act; (17) immigrants settling in the community receive a letter of welcome from the Mayor of Saint John; (18) the City of Saint John ask the Race Relations Committee to review services for immigrants and develop, as necessary, a more coordinated approach among service agencies; (19) the Race Relations Committee develop an information kit for new residents of Saint John; and (20) the Race Relations Committee be requested to develop a better understanding of the ethnic, racial and cultural composition of Saint John. Dr. Popat congratulated Common Council on being the first Municipal body in the Province of New Brunswick to undertake a study on multiculturalism and race relations, having recognized the need to improve race relations locally and having conducted the investigation to determine how the City of Saint John can best participate in this community effort to enhance peace in the community. Dr. Popat made the observation that the Working Group's recommendations address the concerns specific to the needs of Saint John and its community and, in noting that the Working Group's mandate is complete, urged Council to not only adopt the Report but also to give meaning and light to its words by taking concrete actions on the recommendations to make Saint John a happy and a better place for all. The Mayor commended the members of the Working Group on Multiculturalism and Race Relations for their efforts, as well as the members of City staff for their involvement as resource persons to the Working Group. During discussion Mr. Groody advised that, in conjunction with the preparation of the above Report, staff has been drafting a policy proposal related to the City being an equal opportunity employer to be submitted within a few weeks for Council's consideration and, as well, has had dialogue to try to promote the notion of equal opportunity in employment beyond the City of Saint John in that, while staff feels that the City offers employment fairly to all citizens and that people are successful in employment based on their own abilities and merits, it is important to also promote that to the community so that persons recognize and feel very comfortable that they have equal access to any employment available within this organization. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John adopt the following policy statement:- "The City of Saint John is committed to a multicultural, multiracial community. It considers the presence of people from a wide range of racial, ethnic, cultural and religious backgrounds to be a reflection of the Canadian ideal and a source of enrichment and strength. It firmly believes that its diverse publics have a significant role to play in participating in Municipal Government as well as in the life of the community. The City of Saint John affirms the equality of all people. The City of Saint John will not tolerate discrimination on the basis of race, national or ethnic origin, colour or religion. The City of Saint John promotes understanding, sensitivity and positive attitudes towards people of all ethnic, racial and cultural origins. The City of Saint John will ensure that these multicultural values are reflected in all City by-laws, policies and programs, and in the promotion and delivery of services. ": AND FURTHER that the remainder of the recommendations of the Working Group on Multiculturalism and Race Relations be referred to the City Manager for a report to Council. Dr. Popat, in response to queries as to the extent of the prejudice in Saint John and whether or not it is evident in any particular area, advised that, as some communities of ethic minorities experience more prejudice and unhappiness as a result 83-424 COMMON COUNCIL MARCH 16, 1992 of that than other ethnic communities, there was not an overall perception or real problem all across all of the minorities, and that the major area noted as the area in which there was a tremendous amount of discontent as a result of prejudice was in licensed establishments. Question being taken, the motion was carried. Mrs. Bertha Wood-Holt, Chairman of the Arts and Culture Committee of the South-Central Citizens Council, addressed Council concerning the group's project of a walk and shop brochure "Art in Public Places", which is now in production at no cost to the City; and its proposal for the celebration of Saint John's birthday May 18 and the proclamation of May 18 as Saint John Day, as described in the previously- submitted brief. The Mayor thanked Mrs. Wood-Holt for her presentation and suggested that the City Manager and staff should review the recommendations of her group to determine how the May 18 events can be combined and also to discuss the proposal with Dr. Bourne of the May 18 Loyalist Day Observance Committee. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the presentation by the Chairman of the Arts and Culture Committee of the South-Central Citizens Council, concerning its proposal for the celebration of Saint John's birthday May 18 -- be referred to the City Manager for review and discussion with Dr. Bourne of the May 18 Loyalist Day Observance Committee, as well as with Stephen Fowler of Loyalist Days Inc. Question being taken, the motion was carried. Councillor Knibb suggested that it would be in order at this time for the presentation of the Financial Statements; whereupon the Mayor suggested that the City Manager should review the agenda format so that, if there are public hearings scheduled, only one delegation should be scheduled, as the Council agendas are currently too lengthy thus making it unfair for the presenters, who might have to wait longer than scheduled, and to Council, and concurred with Councillor Coughlan's observation that the committee to review the Council agenda format should be reconvened. Read a letter from Councillor Davis, Chairman of the Finance Committee, referring to the submitted 1991 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, The City of Saint John Sinking, Reserve and Trust Funds, the operating highlights as prepared by the Finance Department, and the Auditor's reports prepared by Coopers & Lybrand; and proposing that the audited Financial Statements be adopted and filed. The Mayor apologized to the Coopers & Lybrand representatives for the delay in their presentation, particularly in view of the importance of the Financial Statements and, upon Mr. Wilson's indication of his intent to read the highlights of the Financial Statements, the Mayor asked, in view of the lateness of the hour, if Council wished to table this matter for two weeks. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was carried with the Mayor and Councillors Davis, Fitzpatrick and Knibb voting "nay". A motion was proposed by Councillor Davis and seconded by Councillor A. Vincent that the remainder of the agenda items be tabled whereupon the Mayor asked that Council deal with as many items as possible at this meeting. 83-425 COMMON COUNCIL MARCH 16, 1992 Read a report from the City Manager referring to the submitted copy of the January 6 presentation to Council by the Saint John Central Business Development Corporation requesting that the City change its process for cost sharing the streetscaping projects under UEDA; advising that, as the Province has decided not to change the process for grants under UEDA, the Corporation has withdrawn its request, and that, as the funds now available to the Corporation under UEDA are far greater than the previous Mainstreet Program, it is necessary to have much closer coordination between the City and the Corporation concerning specific projects; and further advising that, while withdrawing its original request, the Corporation did indicate that any further monies allocated by the City to cost share CBDC projects will result in more activity uptown and a more aggressive streetscaping program, and it encouraged both staff and Council to consider maintaining or adding funds to the uptown envelope of the Capital Budget in the future. The report concludes that Community Planning, Engineering and Parks have been involved in preparing this report and will continue to work closely with the CBDC, and that the funding envelope for uptown streetscaping has been approved in the Capital Budget. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the City Manager's report regarding the Saint John Central Business Development Corporation's presentation of January 6 relevant to the cost-sharing process for streetscaping projects -- be received and filed. Question being taken, the motion was carried. The Mayor called for a motion to table the City Manager's report concerning a process for policy and standard development for gravel pits and quarries. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the above report from the City Manager be laid on the table. The Mayor called for the question to table the above matter for two weeks as she and the City Manager will be absent from the next Council meeting, whereupon Councillor Fitzpatrick indicated his intent to table the matter for one week. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the report from the City Solicitor submitting, in response to a request at the last meeting, a copy of his 1974 opinion to Council on the question of grants in aid to various individuals and organizations, in that nothing has occurred since that time that would cause him to alter his opinion and, furthermore, he is aware of nothing that has happened in this area of municipal government which permits him to give Council additional information; and noting that, in the 1974 opinion, he points out that there is considerable discretion available to Council in dealing with this issue, provided Council keeps before it for consideration the common good of the municipality which the Council represents -- be received and filed. Question being taken, the motion was carried. Read report from the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John 83-426 COMMON COUNCIL MARCH 16, 1992 The Committee of the Whole reports Your Committee begs leave to report that it sat on March 9, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Rino J. Morin, Grant Godfrey, and John E. Schermerhorn be appointed to the Saint John Harbour Bridge Authority for a term to expire December 31, 1994. 2. That as recommended by the Nominating Committee, David MacPherson be re-appointed to the Power Commission for a term to expire February 15, 1995. 3. That as recommended by the City Manager, Mr. Charles Robichaud be appointed Acting City Manager for the period from March 22 to April 8, 1992. 4. That further to Common Council resolution of March 18, 1991 authorizing the acquisition of property at 49 to 51 Carleton Street from A TV New Brunswick Division of Chum Ltd. for a price of $44,000, Council adopt the recommendation of the City Manager that the City complete the acquisition of the subject property on Carleton Street and the transfer take place on or before April 30, 1992. 5. That as recommended by the City Manager, the acquisition and installation of street lights for Spruce Lake Industrial Park, totalling $24,610, be charged to the 1991 Capital Budget. 6. That as recommended by the City Manager, the firm of Fundy Engineering Ltd. be retained, at a cost of $28,953, to complete the study on the Spruce Lake/East and West Musquash Watershed; and that the Mayor and Common Clerk be authorized to execute the necessary documents. 7. That as recommended by The Market Square Corporation, Common Council resolution of November 4, 1991, concerning the excavation and site work and services relocation for the Saint John Regional Exhibition Centre, be amended to approve the total cost of the project in an amount of $1,266,537. 8. That as recommended by The Market Square Corporation, the firm of Hanscomb Consultants Inc. be engaged, at a total cost of $16,200, to assist in the preparation of a detailed analysis of the final contract drawings of the Saint John Regional Exhibition Centre. 9. That as recommended by The Market Square Corporation and further to Common Council resolution of December 2, 1991, Council approve an additional $6,474 for the Charlotte Street Tower Renovations at the Saint John City Market, increasing the total cost of the project to $92,100. March 16, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Councillor Coughlan asked if Council could deal with the above recommendation in two motions in that, while he has no difficulty with Mr. Godfrey as the new appointee, it is his understanding that the Nominating Committee considers reports from the various committees on members' attendance and that one of the recommended re-appointees had been absent from meetings for a great period of time. 83-427 COMMON COUNCIL MARCH 16, 1992 The Mayor advised that the message received was that the members did an excellent job and the Authority wished to have them back and that no problems with their attendance were mentioned. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table until an attendance report is received. Question being taken, the tabling motion was lost with the majority of Council members present voting "nay". Question being taken, the original motion was carried with Councillors Coughlan, Fitzpatrick, Landers, Rogers and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. The Mayor noted that she and the City Manager will be in Roseau, Dominica, under the FCM Exchange Program at no cost to the taxpayers of the City of Saint John and, as well, they will be in Calgary, Alberta, for a community policing conference paid by the Solicitor General at no cost to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Councillor Flewwelling advised that he could not support the above motion on the basis that the City should not purchase property for which it has no use and it is too costly. Question being taken, the motion was carried with Councillors Fitzpatrick, Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 6 of the above report be adopted. 83-428 COMMON COUNCIL MARCH 16, 1992 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee advising of its adoption of the recommendation in the submitted Planning staff report with respect to a proposed apartment building at 920 Sand Cove Road on the basis that Common Council resolution of July 11, 1974 pursuant to Section 39 of the Community Planning Act requires that Council be consulted prior to any development of the subject property; also advising that both the applicant and the objectors indicated that they were unable to reach a compromise, although a number of alternatives had been discussed; and recommending that Council receive and file this letter and the submitted report and endorse the Committee's decision. Consideration was also given to a letter from David E. King detailing reasons as to why the proposed construction of a 29-unit apartment complex at 920 Sand Cove Road should not proceed, and requesting to be placed on the agenda in this regard. The Mayor asked what consideration Council should be involved with on the above item, to which Mr. Rodgers replied that, as it pertains to variances, Council has no jurisdiction nor authority to deal with that at all; and that, with respect to the Section 39 resolution with conditions pertaining to the land going back to 1974, one of the conditions is with regard to Council being consulted with respect to any development and, on that basis, he is satisfied that there is enough information before Council to deal with this matter and, if Council is satisfied with what is before it, a motion to receive and file is in order and, if Council wants to pursue the matter further, Council has the right to pursue a discussion with the developers. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above letter from the Planning Advisory Committee be received and filed. During discussion Mr. Rodgers suggested that, if Council has further inquiries to make on this matter separate and apart from the variance question, that should be between Council and the developer and that, following such consultation, 83-429 COMMON COUNCIL MARCH 16, 1992 there is no jurisdiction nor authority for Council to impose further conditions on the property unless the Section 39 resolution is amended; and the Mayor suggested that the letter from Mr. King should be referred to the City Solicitor to determine if there are matters therein that Council would have the right to discuss. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the letter from David E. King regarding the proposed construction of an apartment complex at 920 Sand Cove Road be referred to the City Solicitor for a report to Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the 1991 Annual Report of the Saint John Transit Commission be received and filed and the Commission be thanked for its service to the City. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Board of Police Commissioners reconfirming the Saint John Police Force's Vehicle Policy, as submitted, and advising that there has been no changes with respect to the allocation or use with regard to policy vehicles since initial policy approval by the Board on February 19, 1991 -- be referred to the City Manager for comparison with Council's vehicle policy. (Councillor Davis withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from Brunswick Chrysler Plymouth Ltd. requesting the cancellation of its tender on #92-7005BT (1 window van), and #92-7001 BT (3 sedans) as, in both cases, it used an invalid price and equipment schedule and, as tendered, these units would not meet specification -- be received and filed. It was noted that Council adopted the City Manager's recommendation earlier in this meeting to allow the above Company to withdraw its tender. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from the Fort LaTour Development Authority asking for an initial grant of $10,000 to enable the Authority to engage consultants and other appropriate professionals to prepare basic plans necessary for an application for major funding and development, as well as to enable the Authority to initiate an appropriate assessment on the economic benefit from the development of the historic Fort LaTour site off Chesley Drive -- be referred to the City Manager. Question being taken, the motion was carried. 83-430 COMMON COUNCIL MARCH 16, 1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of F. Byron Thomas for the re-zoning of 772 Millidge Avenue 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 April 27, 1992. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Champlain Heights Home & School Association advising that its main concern is the safety of children attending the Champlain Heights Elementary School, and expressing concern for the recent proposed cutbacks affecting the City's Fire Department in that it would reduce the level of protection being provided -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the New Brunswick Anti-Poverty Association advising that it is pleased to see the Council endeavouring to take steps to deal with the issues of poverty among the City children of which there are two phases: (1) hunger in the schools and (2) child poverty, and that it would be pleased to have a representative attend at any meeting Council might arrange as it has a number of ideas as to the problems and ways of changing some of the schools; and also advising that another problem it would like to address is the fact that children are being sent to school without breakfast, not only because of poverty but from a general neglect of lack of understanding of the need for food -- be referred to the City Manager to contact the Association to explore more fully the intent of its letter. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Ability Advisory Committee expressing appreciation for Council's recognition and adoption of its mission statement, terms of reference, and goals and objectives as presented to Council at the January 20, 1992 session; and requesting the appointment of a Councillor to this Committee -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-431 COMMON COUNCIL MARCH 16, 1992 Common Clerk