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1996-04-29_Minutes 85-811 COMMON COUNCIL APRIL 29, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of April, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; G. Yeomans, Manager of Accounting Services; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of the Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on April 22, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary proclaimed May 1 to be Salvation Army Month, Multiple Sclerosis Awareness Month, and ME (Myalgic Encephalomyelitis / Chronic Fatigue Syndrome) Awareness Month, as well as May 12 to be International ME Awareness Day, in the City of Saint John; commented on ACAP Saint John's plans for a paint swap on June 1; and advised the guidelines for the City's Clean-Up Week to be held May 6 to 10. The Mayor noted the commencement on April 29 of an Air Quality Conference in Saint John, being sponsored by the Conference of New England Governors, the Eastern Canadian Premiers and the Provincial Department of the Environment; and expressed appreciation to the citizens of Saint John for their attendance at the visit to the City of His Royal Highness, Prince Charles, on April 28, as well as to the City employees and all other persons involved in the success of this event. At the Mayor's invitation, Dr. Richard Scott, Chairman of the Environment Committee, addressed Council on the Committee's tour of the Irving Oil Refinery which was the subject of a report to Council on this date (copies of which were forwarded to Council members as an information item), as well as on the throughway clean-up performed by members of the Committee and volunteers as part of the Earth Week activities which began April 21. The Mayor commented, further to announcement at the January 15 Common Council meeting of a proposal to establish a twinning relationship with Shantou, on her forthcoming trip to Shantou, Guandong Province, People's Republic of China, with City Manager Terrence Totten, International Governmental Affairs Officer Edward Farren, Mr. Harry Gaunce, Chairman of the Greater Saint John Economic 85-812 COMMON COUNCIL APRIL 29, 1996 Development Commission (Enterprise Saint John), Mr. Stephen Carson, Executive Director of Enterprise Saint John, Dr. Rick Miner, Vice-President of UNBSJ, and Dr. John Chalykoff, Dean of Business for UNBSJ; and advised that the Canadian International Development Agency has recently awarded funding to the City of Saint John through the Federation of Canadian Municipalities to pursue this relationship with Shantou. 4. The Saint John Free-Net Inc. Mr. Howard LaBillois, Executive Administrator of The Saint John Free- Net Inc., was present at the meeting to address Council further to Common Council resolution of April 22, 1996. Mr. LaBillois, referring to a prepared brief (copies of which were distributed to Council members at this meeting) and through an overhead slide presentation, apprised Council of the manner in which a Free-Net would be created for and operated in the Greater Saint John area, with the focus of The Saint John Free-Net Inc. to be on public access terminals. Mr. LaBillois advised that The Saint John Free- Net Inc. is presently in the process of preparing a public access terminal at the Saint John Free Public Library, and is in negotiations with Human Resources Development Canada for a public access terminal in its offices, as well as discussing with the University the possibility of the citizens' use of computers there to gain access to community information. Mr. LaBillois apprised Council of how the Free-Net would benefit the City, non-profit organizations and citizens, as well as the anticipated sources of funding for this project; and advised that, while The Saint John Free-Net Inc. is currently operating administratively, it is still putting the rest of the components together in anticipation of going on-line within the next two or three months. Mr. LaBillois offered the City of Saint John space on its Web Server where its current Web Pages could be mirrored and made readily accessible to dial-in and public access terminal Free-Net users; and requested the City of Saint John to assist The Saint John Free-Net Inc. in completing its Server, the required components being as listed in the submitted brief. Mr. LaBillois responded to Council queries with respect to the offer to mirror the City's Web pages on the Free-Net, as well as how persons would be limited in their use of the Free-Net and the need for user agreements to be signed in order to gain access and to limit The Saint John Free-Net Inc.'s legal liability with respect to usage. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the presentation on behalf of The Saint John Free-Net Inc. of its proposal to create a community information network be referred to the City Manager to determine if the City can be of assistance. During discussion Mr. LaBillois referenced The Saint John Free-Net Inc. business plan for its proposal, a copy of which he advised was provided to the Common Clerk at this meeting; and the Mayor confirmed the Common Clerk's receipt of the business plan and advised the intent to have the business plan copied for the Council members to assist in their decision in this matter. Question being taken, the motion was carried. The Mayor noted the presence at the meeting of representatives of the Saint John Transit Commission, and asked Council's consideration of item 15 at this time. 15. Saint John Transit Commission 1995 Annual Report Mr. Frank McCarey, General Manager of the Saint John Transit Commission, introduced Commission Chairman Dayle Messer, Vice Chairman Thomas Mantle, and Commissioner Michael Arbow; and noted that the Commission's 1995 85-813 COMMON COUNCIL APRIL 29, 1996 Annual Report reflects that the cost of operation was under budget while full-service levels were maintained throughout the year. Mr. McCarey advised that other municipalities in Canada on average subsidize bus service at a rate of $58.08 per citizen compared to the $38.92 per capita in Saint John, and the average service in Canada operates at a cost of $4.08 per kilometre compared to a cost of $2.56 per kilometre in Saint John; and also advised that, while in New Brunswick transit services generate 44% of their cost from a fare box, Saint John realizes 54% of its cost from passenger support. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the 1995 Annual Report of the Saint John Transit Commission be received and filed with appreciation. Question being taken, the motion was carried. 5. BankinQ Resolutions Consideration was given to a report from the City Manager advising that, in conjunction with the City's bank accounts with the Bank of Nova Scotia and the Bank of Montreal, the Banks require certain resolutions to be passed by Common Council, and it is staff's opinion that the Budget Officer should be added as a fourth signing officer to facilitate cheque signing in those instances when the existing signing officers are absent from City Hall; and recommending Council's adoption of the submitted resolutions in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED A. That the resolution dated April 13, 1993 relating to the operation of bank accounts for the City of Saint John with the Bank of Nova Scotia be and is hereby rescinded; AND RESOLVED B.1 That accounts in the name of the City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at the Bank of Nova Scotia: Operating Account Payroll Account US Dollar Account Employee Purchase Account Treasury Account Hydro (Transfer Account) Payroll Reject Account Pension Payroll Reject Account 0053-12 0001-16 1864-14 0361-10 0106-18 0034-17 0102-19 0122-11 2. That any two of the: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services Budget Officer be and are hereby authorized on behalf of the City: (a) To borrow money from the Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; 85-814 COMMON COUNCIL APRIL 29, 1996 (b) To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services Budget Officer be and is hereby authorized by the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) To delegate any authority conferred on such person by sub-paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this resolution to do any act or thing, together with specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. 6. That this resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. C.1 That notwithstanding resolution B.2 (b), the Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. .2 That in consideration of the Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise, issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Manager of Accounting Services, the City of Saint John will and does hereby undertake to hold the Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. 85-815 COMMON COUNCIL APRIL 29, 1996 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED: 1. That the resolution dated January 21, 1991 concerning the signing officers for the City of Saint John bank accounts and securities with the Bank of Montreal be and is hereby rescinded and the following resolution be adopted in its stead:- 2. That all cheques of the Municipal Corporation of the City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 Sinking Fund 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 520 Recreation Development Fund 5067 - 547 Land Subdivision Trust 5067 - 555 Equipment Replacement Fund 5067 - 563 A. Carle Smith Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services Budget Officer 3. That notwithstanding resolution 2, the Bank of Montreal is authorized and directed to pay any and all cheques against the said accounts which may be presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. 4. That in consideration of the Bank of Montreal's paying or negotiating cheques issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, the City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all loss, costs, damages and expenses arising out of the facsimile signatures having been wrongfully impressed. 5. That the Commissioner of Finance, Deputy Commissioner of Finance, Manager of Accounting Services or Budget Officer of the City of Saint John be and are hereby authorized for and on behalf of the City to negotiate with, deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, cheques or orders for payment of money and other negotiable papers and for the said purposes to endorse the same or any of them on behalf of the City either in writing or by rubber stamp. 6. That the Commissioner of Finance, Deputy Commissioner of Finance, Manager of Accounting Services or Budget Officer are hereby authorized for and on behalf of the said City from time to time to arrange, settle, balance and certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's forms of settlement of balance and release. 85-816 COMMON COUNCIL APRIL 29, 1996 7. That any two of the following officers, namely; Commissioner of Finance, Deputy Commissioner of Finance, Manager of Accounting Services or Budget Officer, be and are hereby authorized for and on behalf of the said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being at the Branch of the Bank at which the accounts of the said City are kept and receipt of such notice duly acknowledged in writing. (Rescinded August 24,1998 Bk. 87 Pg. 156 ) Question being taken, the motion was carried. 6. BorrowinQ Resolution Read a report from the City Manager recommending adoption of borrowing resolutions to formalize the City's line of credit with the Bank of Nova Scotia. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that for general operating purposes: (1) the Commissioner of Finance is hereby authorized to borrow on behalf of the City of Saint John (the Corporation) from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1996; (2) any two of the Commissioner of Finance, the Deputy Commissioner of Finance, the Manager of Accounting Services or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; (3) the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; (4) the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source: AND FURTHER that for the purposes of bridge financing on capital expenditures: (5) the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; (6) any two of the Commissioner of Finance, the Deputy Commissioner of Finance, the Manager of Accounting Services or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and (7) any two of the Commissioner of Finance, the Deputy Commissioner of Finance, the Manager of Accounting Services or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an agreement or agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 85-817 COMMON COUNCIL APRIL 29, 1996 7. Tender For Dump Truck On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Bayview International Trucks Ltd., in the amount of $70,900 (plus taxes), be accepted for the supply of one only 35,000 pound, GVW, dump truck to the Water and Sewerage Department. Question being taken, the motion was carried with Councillor Vincent voting "nay". 8. Easement 346-348 Milford Road Consideration was given to a report from the City Manager submitting correspondence from the Legal Department with regard to a request from Barry & O'Neil, solicitors for Edward G. Mazerolle et ux (Mary Delvina) for a grant of easement to permit the encroachment of the building at 346-348 Milford Road upon Milford Road; and recommending adoption of a resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1, to execute a grant of easement in favour of Edward G. Mazerolle and Mary Delvina Mazerolle, his wife, the present owners, to permit the encroachment of their building at 346-348 Milford Road upon the said Milford Road, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. 9. Subdivision Agreement For Street Improvements 96-109 Hill HeiQhts Road Read a report from the City Manager advising that, further to Common Council resolution of August 28, 1995 authorizing the execution of a City/developer agreement to ensure the provision of the required work with respect to 96-109 Hill Heights Road, the developer's consultants have undertaken detailed design of the necessary work which has proven to be less than was initially anticipated and, as the Subdivision By-Law does not address this type of situation (development of existing right-of-way), the matter was referred to the Legal Department for review and, after discussion with the developers and their lawyers, it was concluded that approval by Council of the improvements pursuant to Section 40 of the Zoning By-Law would most clearly resolve the matter; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, pursuant to Section 40 of the Zoning By-Law, Common Council approve the proposed street improvements as illustrated on the submitted photo- reduced engineering plan as being adequate for the development of Lots 94-1 and 94- 3 on Hill Heights Road approved by Council on August 28, 1995. Question being taken, the motion was carried. 10. Canada Games Aquatic Centre Consideration was given to a report from the City Manager submitting a copy of the report prepared by Mr. 1. L. McGloan, Chairman of the Committee regarding the Aquatic Centre and the YMCA-YWCA established by Common Council resolution of October 16, 1995 to mediate and coordinate an equitable and satisfactory 85-818 COMMON COUNCIL APRIL 29, 1996 solution on the issue of the proposed expansion of the Canada Games Aquatic Centre as raised by representatives of the YMCA-YWCA, staff having been asked by Council in Committee of the Whole on April 9 to review the revised proposal and to make a recommendation to Council. The report advises that the Committee was not able to support the expansion concept but is recommending that Council adopt a revised proposal for a renovation project put forth by the Aquatic Centre; and highlights the proposed renovation project, recommending Council's approval of it. With regard to the Committee's recommendation that Common Council undertake a review of the role of the City in providing recreational and leisure services within Saint John and develop a plan for provision of these services using the resources of the Recreation and Parks Advisory Board or other such body, the report advises that this recommendation will be discussed at the next regular meeting of the Board following which a separate report will be presented to Council. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the renovation project as submitted by the Canada Games Aquatic Centre, at a cost not to exceed $500,000, on the basis that all costs related to the project will be paid for by users of the Centre. Councillor Ball, a member of the Committee with respect to the Aquatic Centre and YMCA-YWCA, made the observation that the estimated $500,000 cost to renovate the Aquatic Centre is approximately $1 million less than the initial proposal to expand the facility. Councillor Knibb, a member of the Aquatic Centre Commission, asked it was the intention of City staff to recommend a move downward in the annual subsidy to the Aquatic Centre because of the increased revenue that should be generated by the renovation, to which Mr. Wilson replied that, if $500,000 were the actual renovation cost, the cost to finance that would be approximately $55,000, which would be the amount by which the deficit would be reduced; thus, the reference in the recommendation to users of the City paying all costs related to the renovation in that the City would reduce its subsidy to the Aquatic Centre by that amount; and Mr. Totten suggested that, as the Aquatic Centre Commission's initial proposal involved an undertaking that it would reduce the deficit, he would prefer to look at this as an obligation given by the Commission and would expect that, when it submits its report, the deficit would have already been reduced by the amount concerned. Question being taken, the motion was carried. 11. Pre-Season Arena Use Consideration was given to a report from the City Manager advising that staff, in the pre-season for arena operation, is seeking means to minimize its day-to- day involvement in selling ice time to numerous parties by encouraging customers to commit to renting larger blocks of time, such customers being able to sell smaller blocks of ice time to others provided the City receives a minimum rental fee within their allotted block of time; also advising that Mr. John Yerxa, who for several years has operated a summer hockey program headquartered at the Stu Hurley Arena, has agreed to rent the Arena for exclusive use for a 22-day period during August 1996 during which time he would be free to sell all available ice time and develop his own customer base, and the City, under this approach, would receive the benefit of a fixed rental fee with the burden of scheduling and programming removed; and setting out the terms of the proposed rental agreement with Mr. Yerxa to which Common Council's consent is recommended. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council consent to enter into an agreement with Mr. John Yerxa for rental of the Stu Hurley Arena under the terms outlined in the submitted report from the City Manager dated April 29, 1996, and the Mayor and Common Clerk be authorized to execute all necessary documents. 85-819 COMMON COUNCIL APRIL 29, 1996 Question being taken, the motion was carried. 12. Acting Deputy Commissioner Of Finance And ActinQ Assistant Treasurer Consideration was given to a report from the City Manager advising that, with the secondment of Mr. Patrick Woods to the Province of New Brunswick effective April 29 possibly to the end of December, it is necessary for Common Council to appoint an Assistant Treasurer who will act in the absence of the Treasurer; and submitting a recommendation to appoint Mr. Greg Yeomans, Manager of Accounting Services, as Assistant Treasurer, with Mr. Yeomans' position to be filled by Mr. Michael Chisholm. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Mr. Greg Yeomans be appointed Acting Deputy Commissioner of Finance and Acting Assistant Treasurer, to be paid at the Group VII Level, Step 2. Question being taken, the motion was carried. 13. Canadian Association Of Chiefs Of Police Offer To Host Annual Conference - Year 2000 Consideration was given to a letter from the Chief of Police advising that in the fall of 1995 he received the Saint John Board of Police Commissioners' endorsement to pursue the Saint John Police Force's hosting of the Year 2000 Canadian Association of Chiefs of Police (CACP) Annual Conference, and that, to make his offer, the CACP requests that correspondence be forwarded under the signature of the Mayor of the City of Saint John; and recommending that Common Council adopt a resolution requesting that the CACP's Annual Conference in the Year 2000 be hosted in the City of Saint John by the Saint John Police Force. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Common Council request that the Annual Conference of the Canadian Association of Chiefs of Police Annual Conference in the Year 2000 be hosted in the City of Saint John by the Saint John Police Force. Question being taken, the motion was carried. 14. Municipal Plan Amendment And Re-ZoninQ 1060 ManawaQonish Road Consideration was given to a letter from the Assistant Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Action Consulting Group Ltd., concerning property at 1060 Manawagonish Road, have been completed, and the date for objections expired on April 24, 1996, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Action Consulting Group Ltd. for a Municipal Plan amendment and re-zoning of property at 1060 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 3, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 85-820 COMMON COUNCIL APRIL 29, 1996 16. Saint John Ability Advisory Committee Appointment Of Council Liaison Person On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Ability Advisory Committee asking Council to consider an appointment of an interested Councillor to the Committee in the interest of continuing and maintaining a strong link between the Committee and Common Council -- be referred to the Nominating Committee. Question being taken, the motion was carried. 17. Saint John Parking Commission - Parking GaraQe On Canterbury & Church Streets On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Parking Commission advising that Meridian Construction Inc., on the recommendation of the consultant ADI Limited, was awarded the tender for the construction of the Canterbury Street Parking Garage at the tendered price of $492,400, and is scheduled to take control of the site on May 6 and to complete the project on or before July 31, 1996; and also advising that, during construction, Canterbury Street will remain open to vehicular traffic, although it may be necessary to reduce traffic to one lane for a minimum amount of time, and also that access to the rear of buildings within the block bounded by Church, Canterbury, Princess and Prince William Streets will remain open to traffic and deliveries -- be received and filed. Question being taken, the motion was carried. 18. River Road Concerned Citizens Committee Proposed Crane Mountain Landfill On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the River Road Concerned Citizens Committee referring to the proposed Crane Mountain landfill; and suggesting that, having identified to Council several aspects of the Municipal Development Plan and the Community Planning Act with which the proposal fails to conform and as there is a covenant in one of the property deeds stating that the lands shall be used only for the purposes of operating a woodlot, there will be no third reading regarding the present re-zoning and there will never again be an application entertained for re-zoning of these lands -- be received and filed. Question being taken, the motion was carried. 19. Western Beaches Preservation Society Proposal For Control Over A TV Traffic In Area On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the letter from the Western Beaches Preservation Society submitting excerpts from a report proposing actions for control over all-terrain vehicular traffic in the Western Beaches area; and noting that the report suggests, in recognition of the sensitive nature of the study area and taking into account the present level of recreational uses, that the Western Beaches Area be designated an area in need of protection from environmental damage, under the 85-821 COMMON COUNCIL APRIL 29, 1996 Trespass Act -- be referred to the City Manager and the Legal Department. Councillor Knibb expressed the opinion that the Society is recommending extreme measures as there is no evidence that all-terrain vehicles are creating problems. Question being taken, the motion was carried with Councillor Knibb voting "nay". 20(a) CUPE Locals 1925 And 61 20(b) Saint John Port Corporation Port PolicinQ - Marine Policv Consideration was given to a letter from CUPE Local 1925 Ports Canada Police and CUPE Local 61 Saint John Policemen's Protective Association referring to the new Federal legislation - the Canada Marine Policy and their concerns about the anticipated effect on policing functions at the Port, the response time to citizens' calls for both police and fire services, and municipal taxation; and requesting the City of Saint John to immediately form a committee with representatives of the Federal and Provincial Governments, the City of Saint John, City Police and Fire Fighters, and Harbour Police to ensure these concerns are addressed. Consideration was also given to a letter from the Saint John Port Corporation advising that, as Canada's National Marine Policy announced on December 14, 1995 by the Minister of Transport will among other initiatives commercialize public ports and a national ports system will be managed by Canada Port Authorities (CPAs), a Security Review Committee has been formed in the Port of Saint John with the overall objective to define the policing, safety, and security requirements of the Port and how these requirements can be met by an appropriate level and mix of human and technological resources, whether by the Port or other police forces or security organizations, and that the Committee is comprised of representatives of the Port of Saint John, the City of Saint John Police Force, "J" Division of the RCMP, the Office of the Solicitor General of the Province of New Brunswick, and a representative from the Saint John District Committee of the Saint John Employers Association. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from CUPE Local 1925 Ports Canada Police and CUPE Local 61 Saint John Policemen's Protective Association; and the letter from the Saint John Port Corporation, regarding the new Federal legislation - the Canada Marine Policy and policing functions at the Port -- be received and filed and the Saint John Port Corporation be invited to address Council in public session in this regard. During discussion the Mayor suggested that, while there may be a time to put a committee in place as suggested by the CUPE Locals above to ensure that the City of Saint John does not undertake any work for which it is not being paid, accurate information should first be obtained from the Saint John Port Corporation and the Federal Minister of Transport, such information expected to come forth in June; and also suggested that the motion could include that Council forward a letter to the Federal Minister of Transport to the effect that the City of Saint John could not take on the security of the Port without being given extra revenue, as well as a letter to the Saint John Port Corporation indicating its wish to be involved in the details of this matter; whereupon Councillor Knibb suggested that, after hearing from the Port Corporation, Council could decide whether or not it wishes to contact the Federal Minister of Transport. Question being taken, the motion was carried. 21. ACAP Saint John Paint Swap Proiect 85-822 COMMON COUNCIL APRIL 29, 1996 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Atlantic Coastal Action Program - ACAP Saint John submitting details of a proposed Paint Swap for June 1 and a copy of the final report from last year's Paint Swap; and asking for a letter of support from the City of Saint John to sponsor its application to the Department of the Environment Waste Reduction Fund -- be received and filed and a letter of support be given as requested. Question being taken, the motion was carried. 22. Thomas Edward Wallace - Turf DamaQe 110 & 108 Victoria Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Thomas Edward Wallace of 110 Victoria Street advising that he finds the damage to the turf in front of his home by a City sanitation truck unacceptable; and requesting that Councilor its representatives take action and devise an appropriate solution to undo the damage in front of 110 and 108 Victoria Street and to ensure that this unfortunate and disastrous lack of judgement by City employees be prevented from recurring -- be referred to the City Manager. Question being taken, the motion was carried. 23. Saint John Women's Centre TraininQ ProQram For Police Officers On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Women's Centre responding to comments attributed to Saint John Police Chief David Sherwood during an interview on the CBC Information Morning radio program on April 2 in regard to his involvement in an investigation into the conduct of Rothesay Police Chief Tom Gladney; and urging Council to initiate a gender sensitivity training program for all members of the Saint John Police Force, including the management level, and to create a structure within the Police Force whereby officers have the opportunity to participate in programs, etc. so that the negative aspects of their job are balanced with healthy positive experiences -- be received and filed. Question being taken, the motion was carried. 24. Self Help Crafts Of The World Activitv On Prince William Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Self Help Crafts of the World expressing concern about the density on Prince William Street of drinking establishments; and advising that it would be interested in information concerning any Zoning or City by-laws that are in place with respect to density regulations specific to liquor establishments -- be referred to the City Manager. Mr. Totten advised that City staff will be meeting with Prince William Street property owners, operators and other interested people on the evening of May 1. Question being taken, the motion was carried. Adiournment adjourned. 85-823 COMMON COUNCIL APRIL 29, 1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk