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1997-04-28_Minutes 86-356 COMMON COUNCIL APRIL 28,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of April, A.D. 1997, at 7:00 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, 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; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A. Bodechon, Assistant Deputy Chief of Police; B. Fillmore, Assistant Deputy Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; 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 Marshall Caldwell of the Crescent Valley Gospel Centre offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on April 21, 1997, be approved. Question being taken, the motion was carried. * Added Items On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that a Committee of the Whole report of this date, and item 43 from the Committee of the Whole agenda of this date, be added to the agenda of this meeting for consideration as item 14A and to be discussed concurrently with item 15 on the agenda of this meeting, respectively. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 32-34 Paddock Street The Common Clerk advised that the necessary advertising was completed with regard to !!.l a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land use Plan, a property located at 32-34 Paddock Street (NBGIC Numbers 14209, 14217 and 55028351), having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, from High Density Residential to District Centre Commercial classification; and {Q..l the proposed re-zoning of the same property from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business classification, to permit the development of a surface parking lot, as requested by Fundy Cable Ltd., and no written objections were received in this regard. 86-357 COMMON COUNCIL APRIL 28, 1997 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 22 meeting at which Mr. Lloyd Boulter of Fundy Cable Ltd. spoke in favour of the application, no other persons attended and no letters were received; advising that the Committee adopted the staff recommendation, including the imposition of terms and conditions upon the development and use of the property as a parking lot; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from High Density Residential to District Centre Commercial classification, a property located at 32-34 Paddock Street, having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, also having NBGIC Numbers 14209,14217 and 55028351; and (2) re-zone the same property from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business classification. 3{a) On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 32-34 Paddock Street (NBGIC Numbers 14209, 14217 and 55028351), having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, from High Density Residential to District Centre Commercial 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 Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 32-34 Paddock Street (NBGIC Numbers 14209, 14217 and 55028351), having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 3{b) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 32-34 Paddock Street (NBGIC Numbers 14209, 14217 and 55028351), having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business 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. 86-358 COMMON COUNCIL APRIL 28,1997 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 32-34 Paddock Street (NBGIC Numbers 14209, 14217 and 55028351), having a frontage of approximately 24 metres and a lot area of approximately 900 square metres, from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Municipal Plan Amendment And (b) Re-ZoninQ 306 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to !!.l a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 306 Westmorland Road (NBGIC Number 321786), having a frontage of approximately 157 feet on Westmorland Road and a lot area of approximately 1.1 acres, from Low Density Residential to Light Industrial classification; and {Q..l the proposed re-zoning of the same property from "RS- 2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to permit the establishment of an office, showroom, warehouse and workshop for a supplier of doors, door frames, architectural hardware, toilet partitions and washroom accessories to commercial projects, as requested by Mr. Floyd Norman, and 4{d) a letter objecting to the proposed re-zoning was received from Gerard and Carmel McCaig, along with a letter in opposition from William and Hasell Kerr (copies of which were distributed to Council members at this meeting; and also that a letter (copies of which were distributed to Council members at this time) was received from Mr. Floyd Norman advising that he was withdrawing his application for a Municipal Plan amendment and re-zoning of 306 Westmorland Road. 4{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered at the Committee's April 22 meeting at which Mr. John Johnson of Johnson Engineered Solutions, attending with the applicant in favour of the proposal, indicated that the nature of the proposed business would have very little impact on the neighbouring residential uses and further that his client would be agreeable to Section 39 conditions with respect to restriction of the use to the specified proposal, as well as signage limitations and expressed the opinion that the Westmorland Road area was in transition to business uses and his client's proposal was consistent with such trend; advising that a number of neighbouring residents attended the meeting in opposition to the application and Francis DeGrace, Carmel McCaig and Hasell Kerr expressed concerns about the impact of the proposal, the appropriateness of the use in their residential neighbourhood and the traffic on Westmorland Road; and recommending that the application be denied. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Council accept the 86-359 COMMON COUNCIL APRIL 28, 1997 withdrawal of the application for a Municipal Plan amendment and re-zoning of 306 Westmorland Road as requested by the applicant, Mr. Floyd Norman. The Mayor noted that, if the above motion were passed, there would be no public hearing in the above regard. Question being taken, the motion was carried. 5{a) Re-ZoninQ Of 1032 Hillcrest Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately .86 hectares (2.12 acres) of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RR" One-Family Rural Residential to "RS-1" One- and Two-Family Suburban Residential classification, to create a large unserviced lot for a residence with a horse stable, as requested by Hughes Surveys & Consultants Ltd., and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting of a copy of Planning staff's report and two letters in opposition to the proposal considered at the Committee's April 22 meeting at which Mr. Rick Turner of Hughes Surveys & Consultants Ltd. expressed agreement with the staff recommendation; and recommending that Common Council re-zone approximately .86 hectares (2.12 acres) of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RR" One-Family Rural Residential to "RS-1" One- and Two- Family Suburban Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the property be developed in accordance with a detailed site plan, subject to the approval of the Development Officer, that illustrates the location of the stable, and such plan be approved prior to the issuance of a building permit; and (b) the number of horses, other than their young under the age of six months, be limited to a maximum of six. Mr. R. Turner of Hughes Surveys & Consultants Ltd., appearing in support of the application, expressed agreement with the above recommendation; and offered to respond to questions in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately .86 hectares (2.12 acres) of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RR" One-Family Rural Residential to "RS- 1" One- and Two-Family Suburban Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately .86 hectares (2.12 acres) of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RR" One-Family Rural Residential to "RS-1" One- and Two- Family Suburban Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. 86-360 COMMON COUNCIL APRIL 28,1997 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 Arthurs RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 6(a) Zoning By-Law Amendment To Re-Zone 14 Walsh's Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land with an area of approximately 6 acres and located at 14 Walsh's Road (NBGIC Number 298455), together with a right-of-way being a portion of NBGIC Number 298422, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to permit the construction of a 30-foot by 60-foot storage warehouse and office, as requested by O'Brien Roofing Ltd., and 6{c) letters in opposition to the re-zoning were received from Reginald and Kathleen Thibodeau, and Avis Dempster. 6{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered at the Committee's April 22 meeting at which Mr. Gerry Webster attended with the applicant and expressed agreement with the staff recommendation except with respect to the proposed Section 39 condition concerning paving of the right-of-way from Rothesay Avenue to the site, as well as paving of the driveway and parking area, and indicated that further discussion with staff had resulted in agreement that the portion of Walsh's Road extending from Rothesay Avenue to just below the railway crossing be chipsealed and the balance of the access to the site, as well as the on-site driveway and parking area, be surfaced with crushed stone; advising that two neighbouring property owners attended in opposition to the proposal, and Avis Dempster addressed the Committee in concern with respect to the use of Walsh's Road, a 20-foot wide private right-of-way, as a means of access to the site and, after considering the matter, the Committee decided to refer the application to staff for two weeks in order for staff to examine the documentation provided by the applicant as to his right to use Walsh's Road for access to the subject site, as well as to investigate the ownership of that section of the right-of-way extending from Rothesay Avenue to the railway crossing; and recommending that the public hearing be held as advertised but that no decision be made until the Committee is able to submit a recommendation. Ms. Avis Dempster appeared in opposition to the proposed re-zoning for the reasons as expressed in her above-mentioned letter. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the application of O'Brien Roofing Ltd. for the re-zoning of property on Walsh's Road be laid on the table until the Planning Advisory Committee is able to submit a recommendation. Question being taken, the tabling motion was carried. 7. Section 39 Amendment To Conditions Of Re-ZoninQ 17 Foster Thurston Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1972 re-zoning of a parcel of land at 17 Foster Thurston Drive (NBGIC Number 86-361 COMMON COUNCIL APRIL 28, 1997 430538), to permit an expansion to the development by the construction of an office building measuring approximately 50 feet by 35 feet to be used in conjunction with the existing development, as requested by RE. & J .E. Friars Limited, and no written objections were received in this regard. 7{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 22 meeting at which the applicant stated that he was in favour of staff's recommendation; and recommending that Common Council amend the Section 39 conditions imposed upon the August 21, 1972 re-zoning to "1-1" Light Industrial classification of the property located at 17 Foster Thurston Drive (NBGIC Number 430538), by amending the site plan to include an additional development along the eastern portion of the site for an office building to be used in conjunction with the present use of the property, on condition that the development be undertaken in conformity with a site plan to be approved by the Development Officer prior to the issuance of a building permit. Mr. Glenn Friars appeared on behalf of the applicant in support of the proposed amendment; expressed agreement with the above recommendation; and offered to respond to questions in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed upon the August 21, 1972 re-zoning to "1-1" Light Industrial classification of the property located at 17 Foster Thurston Drive (NBGIC Number 430538), by amending the site plan to include an additional development along the eastern portion of the site for an office building to be used in conjunction with the present use of the property, on condition that the development be undertaken in conformity with a site plan to be approved by the Development Officer prior to the issuance of a building permit. Question being taken, the motion was carried. 8. Municipal Plan Amendment 114 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet, from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the property from "R-2" One- and Two-Family Residential to "B-2" General Business classification so that the existing building may be used for a real estate sales office, as requested by Coughlan Realty (1992) Limited. 13. Saint John Police Force Implementation Team Update Consideration was given to a report from the Saint John Police Force Implementation Team updating Council on its activities during the past week; and recommending that (1) Assistant Deputy Chief Fillmore, assisted by Cst. Parks, make a presentation to Common Council in relation to the Differential Response Program; and (2) this report be received and filed. Chief Sherwood, in presenting the above update report, noted the above recommendation for a presentation on the Differential Response Program, which was addressed in Chapter 4, Page 64 in the Perivale + Taylor report, the implementation of which would result in a reduction in the number of non-emergency calls being responded to by the Police and, alternatively, in an increase in the amount of officers being available for pro-active policing, etc. 86-362 COMMON COUNCIL APRIL 28,1997 ADC Fillmore and Cst. Parks, in turn through overhead slides, presented the proposed Differential Response Program for the Saint John Police Force, comparing it with the traditional police response system in which police officers' time was dominated by responding to an ever-increasing number of sometimes minor calls leaving no time for pro-active policing which resulted in police officers becoming frustrated, citizens being unhappy about inadequate police response as the underlying problems around those calls were never addressed, and the removal, essentially, by mobile patrol of police officers from contact with the community - one of the driving issues toward community policing and the need for differential response; and explaining, based on the classification of various types of calls for service and matching the police response alternatives to meet the particular needs generated by these calls, the four following priorities identified for call classifications:- Priority #1 - immediate mobile dispatch; Priority #2 - mobile dispatch immediately upon availability of a unit; Priority #3 - delayed mobile response; and Priority #4 - alternative response, as well as the following objectives:- (1) increase the available time for pro-active policing programs; (2) increase the effectiveness of responding to emergency or urgent calls; (3) improve citizen satisfaction with responses to calls for service; and (4) enhance members' ability to plan their work, which goes hand-in-hand with community-based policing. Graphs were presented showing the distribution of calls by the hour and for a one-week period, and a comparison was done of the response methods used in today's model to that which would be used in the Differential Response Program; and the manner in which the Differential Response Program would fit into the concept of community policing was explained. Council was advised of the implementation plan for the Differential Response Program, involving a temporary phased-in system of differential response which should disappear as other components are put into place, such as community stations, with Phase 1 involving facilities, hopefully the Lobby Level of City Hall from which to offer services to the citizens; initial staffing of four regular police officers, with the intent wherever possible to utilize light-duty personnel; hours of operation from 7:00 a.m. to 9:00 p.m.; implementation City-wide with the types of calls to be phased in over a period of time; and a proposed start-up date of June 15, 1997; and, in terms of future development, involving, with the development of other strategies such as community stations and volunteer programs, the expansion of the Differential Police Response to other areas of the City thereby making it much more convenient to the public, and the closure of the Phase 1 office as community stations come on line and are able to provide the Differential Police Response service. Council was apprised of the keys to success for the Differential Response Program in terms of facilities, a human resource commitment in terms of staffing for the advertised hours of operation, public/police education and Council's support. (Councillor Arthurs withdrew from the meeting.) The Mayor noted the presence at the meeting of Implementation Team members, including members of the Police Force and Mrs. Anne Marie Mullin. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Common Council accept the above report of the Saint John Police Force Implementation Team, including the report on the Differential Response Program. (Councillor Arthurs re-entered the meeting.) Question being taken, the motion was carried. 11. Lloyd Farnsworth - Curb Installation Topeka Street Consideration was given to a letter from Mr. Lloyd Farnsworth of 90 Topeka Street asking to make a presentation to Council on the issue of the City's installation of a 9" curb up Topeka Street in that he has no access to his back yard and truck drivers do not want to jump the curb in case something happened. 86-363 COMMON COUNCIL APRIL 28, 1997 Mr. Lloyd Farnsworth apprised Council of the problem he was experiencing as a result of the 9" curb on Topeka Street, and advised of his communication with City staff in this regard; and requested that the curb be cut down. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that Mr. Lloyd Farnsworth's presentation regarding the curb on Topeka Street be referred to the City Manager. Question being taken, the motion was carried. 9. ACAP-Saint John - Comprehensive Environmental ManaQement Plan Consideration was given to a Comprehensive Environmental Management Plan for the Saint John Harbour and its adjoining tributary waters, titled "Realizing The Vision", and a presentation in this regard for this meeting, as submitted by ACAP-Saint John. Mr. Michael Richard, President of ACAP-Saint John, introduced the organization's incoming President Mr. Matthew McKim; Dr. Ken Sollows, a member of the incoming Executive and primary author of the Management Plan; Ms. Allison Lowe, Executive Director; and Mr. Sean Brilliant, Incoming Executive Director; and addressed Council on ACAP - Saint John's completion of a five-year effort in putting together the Comprehensive Environmental Management Plan on what strategies could help clean up the Saint John Harbour. Through a slide presentation, Mr. Richard, Mr. McKim, Dr. Sollows and Ms. Lowe, in turn, highlighted the Management Plan and its recommendations. The Mayor thanked the delegation for its presentation. 10. Urban Core Support Network Poverty In The Community Consideration was given to a letter from Ms. Brenda Murphy, Chairperson of the Urban Core Support Network (which was withdrawn from the April 1 Council agenda), advising the organizations represented by this Network, one of which, One Voice For All, made a presentation to Council on October 15, 1996 in preparation for the day to mark the International Year for the Eradication of Poverty; asking for the opportunity to share its concerns with Council and look at ways to work together; and submitting a current fact sheet on poverty in the community. Ms. Pam Coates, a member of the Upper Core Support Network, addressed Council on the faces of poverty in the community; and, having advised Council of the amount of the Provincial Government's financial assistance for a single person and a single parent with a child/children; explained that the reason for this appearance before Council related to the Provincial Government's economic unit policy which applies to, for example, two single parents who, if they wanted to share an apartment and share expenses, could no longer do that and still receive two cheques as one would be declared the head of the household and the other would receive maybe $37 per month, thus poor people are not allowed to share expenses or survive by sharing expenses. Ms. Coates advised that the Network would like to become a resource for Council, and asked that Council write a letter to the Provincial Government asking it to rethink the economic unit issue with a view to eliminating it as it is unfair and unjust. Ms. Coates advised that the Upper Core Support Network was pleased to be part of Mr. Butler's review of poverty issues in the City for a report to Council. During discussion the Mayor expressed concern that there is currently no means in the City to address a situation of a young person with no money and no place to live, possibly in the time period pending receipt of social assistance, and thanked Ms. Coates for her presentation to Council; and Deputy Mayor Chase referenced the issue of information poverty resulting from more people being out of work because of their 86-364 COMMON COUNCIL APRIL 28,1997 work being done by computerization. 12. Mavor's Remarks Mayor McAlary proclaimed April 28, 1997 to be the Annual Day of Mourning for Victims of Workplace Accidents and Disease on behalf of the Canadian Labour Congress, and May 1997 to be Multiple Sclerosis Awareness Month, as well as Salvation Army Month in the City of Saint John; noted that the Maritimes and Northeast Pipe Line Ltd. partnership has commissioned Washburn and Gillis Associates, a New Brunswick firm, to begin environmental studies for a proposed lateral pipeline to transport natural gas to Saint John; and advised her intent to request Councillor Ball to attend a meeting of the Federal Government's Immigration Legislative Review Advisory Group, on the Immigration Act, in Fredericton. The Mayor also noted that the 4th Annual Luncheon for St. Joseph's Hospital Foundation, of which Councillor Brown is a member, would be held on May 12 to raise money in conjunction with the Play Ball For St. Joseph's campaign. 14. MillidQeville North HiQh School Consideration was given to a letter from Mayor McAlary asking Council, further to discussion in Committee of the Whole last week, to hear from Enterprise Saint John and the Parent/Student Advisory Committee on the future of the Millidgeville North High School at open session on May 5, 1997 in that, due to time restraints and other commitments, it was not possible for both Enterprise Saint John and the Committee to appear before Council at this meeting. Mayor McAlary advised that, now that the above issue has been somewhat settled by the Provincial Government, it was her understanding that it would not be necessary to hear from the groups concerned; however, as she understood that the Millidgeville North High School Parent/Student Advisory Committee would still like to address Council next week, Council's permission would be needed because it is a 4:00 o'clock meeting. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that permission be granted for a presentation in the above regard at the next meeting. Question being taken, the motion was carried. *14A. Committee Of The Whole Report To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on April 28, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, Councillor Sterling Brown be appointed as the City's representative on the Fundy Region Solid Waste Commission. April 28, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 86-365 COMMON COUNCIL APRIL 28, 1997 14A.1. Appointment To Fundy Region Solid Waste Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 15. The Amalgamation Debate City ManaQer's Observations Consideration was given to a letter from the City Manager regarding the public debate with respect to the issue of amalgamation, advising that, while staff has not responded to the comments about the management or culture of City Hall, he now feels compelled to ask Council for an opportunity to make some remarks in that, given that the Province has made its decision, he believes he has an obligation and responsibility to Council, to citizens and to all City employees to respond to some of the comments made. *43. AmalQamation & RestructurinQ Announcement Consideration was also given to a letter from Mayor McAlary advising her intent, further to the amalgamation and restructuring announcement, to have general discussion on (1) regional commissions for planning, economic development and major facilities; (2) the culture at City Hall - management and operational audit; and (3) Police services. Mr. Totten read from a prepared brief (copies of which were distributed to Council members at this meeting) in response to comments made in recent months to the effect that the City of Saint John is financially mismanaged, the culture at City Hall must change, and the City is poorly managed, and as well on the recommendation that Council undertake an independent management and operational audit. Mr. Totten advised staff's intention to, in moving forward and taking heed of what has been said during the amalgamation debate: (1) arrange working sessions with Provincial staff to assist in drafting necessary legislation to move forward; (2) arrange for an increased number of public presentations by staff to Council with respect to all of the changes being made at City Hall; (3) continue to press forward with Ernst & Young to review the City's "customer service" processes; (4) suggest to Council that it meet with the City's business advisors, being Ernst & Young, to ascertain whether the scope of their work and the reporting relationships might warrant a change; and (5) have the Executive Committee hold a number of public meetings in various neighbourhoods to ascertain the concerns of City residents. The Council members, in turn, expressed their views on the outcome of the amalgamation study and, in response to the Mayor's concern about the possibility of the negative publicity from the amalgamation issue damaging the City of Saint John, and her recommendation that Council ask the City Manager to prepare a report for Council's review, together with Provincial staff, on the issue of the facilities, planning and economic development commissions, Deputy Mayor Chase moved a motion, which was seconded by Councillor Ball, that a contingency plan be put in place. The Mayor made the observation that, in terms of a motion, Council should ask staff to submit a report on the working arrangements for such commissions and, in the case of a major facilities commission, should ask the City Solicitor if the five facilities in question can all legally be under a regional commission because the City does not own all of these facilities, including the Aitken Bicentennial Exhibition Centre and the Imperial Theatre. Councillor Trites suggested that, rather than have a motion at this time, Council should proceed with discussion, and the Mayor asked that Council give some thought to her suggestion. Councillor Vincent advised his intent following discussion to propose a motion that Council invite The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, and The Honourable Jane Barry, Solicitor General, to appear 86-366 COMMON COUNCIL APRIL 28,1997 before Council in open session to define what they meant by their comments with respect to the need for a cultural change and a question about the City's operation so as to enable Council to address the issues in an informed manner; and Councillor Brown suggested that the Council should get on with the task at hand, one of which should be initiating an independent audit of City Hall; and made the observation that it was the Cormier report, not the Province which only made the announcement, which recommended an audit. (Councillor Waldschutz withdrew from the meeting during the above discussion.) On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John extend an invitation to The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, and The Honourable Jane Barry, Solicitor General, to appear before Council in open session on Monday, May 12, 1997, for the purpose of having meaningful dialogue on the comments that were released by the Ministers respecting the culture at City Hall and mismanagement so as to enhance the understanding of what the Ministers meant and for Council to be in a better position to address those issues as it follows the concepts introduced in the City Manager's plan as read by Mr. Totten at this meeting. Question being taken, the motion was carried with Councillor Brown voting "nay". (Deputy Mayor Chase withdrew from the meeting.) 16. Tender For Electrical Maintenance Services To City-Owned BuildinQs On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Bay Electric be accepted for the supply of electrical maintenance services to all City-owned buildings, except for the Water and Sewerage Facilities covered under a separate agreement, for a period of one year, with an option to extend to a second one-year term, as per the tender and the prices contained in the submitted summary. Councillor Knibb advised his intention to oppose the above motion on the basis that, as Bay Electric was a new company, Council should go with the second low tenderer. (Councillor Waldschutz re-entered the meeting.) Question being taken, the motion was carried with Councillors Knibb and Waldschutz voting "nay". 17. Tender For Electrical Maintenance Services To Water & SeweraQe Facilities On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Bay Electric be accepted for the supply of electrical maintenance services to Water and Sewerage facilities for a period of one year, with an option to extend for a second year, as per the prices contained in the submitted tender summary. Councillor Knibb re-iterated his preference for the second low tenderer. 86-367 COMMON COUNCIL APRIL 28, 1997 Question being taken, the motion was carried with Councillors Knibb and Waldschutz voting "nay". 18. Tender For PlumbinQ Maintenance On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of B & R Commercial be accepted for the supply of plumbing maintenance services to all City-owned buildings, for a period of one year, with an option for a one-year extension, in accordance with the tender call and the prices contained in the submitted summary. Question being taken, the motion was carried. 19. Tender For Fire Department Transports Read a report from the City Manager explaining that, although staff initially felt that the tender for the supply of 2 full-size sedans for the Fire Department should be cancelled and a new tender for smaller cars should be called as a review of the tender for the former determined that the total cost was greater than what was budgeted, the City, having just closed tenders for 4 intermediate-size cars, would gain nothing by calling another tender for 2 more of the same size and that, in checking with the low bidder on the unmarked Police car tender and having determined that 2 more identical cars could be added to the order without any additional cost to the City, this would represent a significant savings, compared to the tendered price for 2 full-size cars, and that this would in no way violate the tender process; advising that the total cost to purchase 2 mid-size Chevrolet Lumina Sedans as bid on the Police car tender by Brett Chev Oldsmobile, including tax, would be $46,293.83 and, by comparison, the cost to purchase 2 full-size Chevrolet Caprices, would be $56,972.15, tax included; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, all bids received in response to the tender for the supply of 2 full-size transports for the Saint John Fire Department be rejected and staff be authorized to add 2 mid-size Chevrolet Lumina Sedans to the Police Department tender for unmarked cars, as recommended for award under separate cover to Brett Chev Oldsmobile Ltd., in the amount of $46,293.83 (tax included). Question being taken, the motion was carried. 20. Tender For Police Cars On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tenders of Lorne Brett Chevrolet Oldsmobile Ltd., in the total amount of $297,451.27 (HST included), be accepted for the supply of 6 marked and 4 unmarked cars for the Saint John Police Force. Question being taken, the motion was carried. 21. Fluoridation Of West Water Supplv On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the Spruce Lake water is now being fluoridated and is expected to cost approximately $20,000 per year -- be received and filed. 86-368 COMMON COUNCIL APRIL 28,1997 Question being taken, the motion was carried. 22. 2003 Canada Winter Games On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting information announcing the Province of New Brunswick's support for a "Chaleur-Restigouche" bid for the 2003 Canada Winter Games, which makes it clear that, while initially seven cities were invited to submit bids, at this time only one bid is requested and, if the bid from the Chaleur-Restigouche Region meets the Province's requirements, it will be forwarded to the Canada Games Council; and advising that, due to this unexpected announcement, staff will curtail efforts to develop a bid for the 2003 Canada Winter Games; and the copy of the letter to the Mayor from the Minister of Municipalities, Culture and Housing (copies of which were distributed to Council members at this meeting) officially informing the Mayor of the process to be undertaken in initiating bids to host the 2003 Canada Winter Games in New Brunswick -- be received and filed. Question being taken, the motion was carried. 23. CCO February 17,1997 On Non-Union Salaries On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, while Common Council resolution of February 17, 1997 approved step level adjustments for four department heads and the Deputy Commissioner of Finance effective March 1, 1997, all other management employees below the department head level have had their increases effective on their anniversary date which, in the case of the Deputy Commissioner of Finance, would have been August 23, 1996 and, as the Deputy Commissioner of Finance should have been treated like all other employees below the department head level, recommending that the one-step adjustment for the Deputy Commissioner of Finance previously made effective March 1, 1997, be changed to become effective August 23, 1996 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 24. Quit Claim Deed - Estate Of Late Jean E. Carson. MillidQeville HeiQhts Read a report from the City Manager advising of a letter from the solicitor for the Estate of the Late Jean E. Carson regarding an error/ omission pertaining to the Estate's property at 74 Manners Sutton Road in that a comprehensive title search revealed that the Estate did not have clear title to one of the four former lots which comprises 74 Manners Sutton Road, and requesting the City to assist in helping clarify the Estate titles to the said property by quit claiming one of the former lots previously believed to be conveyed. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager and in consideration of the sum of one dollar (plus taxes), the Mayor and Common Clerk be authorized to execute a quit claim deed in favour of the Estate of Jean E. Carson, for the land formerly identified as Lot 2 in Millidgeville Heights, as generally shown on the submitted plan. Question being taken, the motion was carried. 86-369 COMMON COUNCIL APRIL 28, 1997 25. Notice Of Motion Capital FinancinQ Her Worship the Mayor gave the following Notice of Motion: "I do hereby give notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution, namely: RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government: Computer Upgrades $142,920; City Hall Renovations $29,696; Human Resource Information System $77,959 - $250,575 Protective Services: Fire Apparatus $491,559; Fire Station Renovations $60,100; Police Equipment $55,536; Police Renovations $52,091; Protective Services IBM System $210,523 -- $869,809 Transportation Services: Broadway Street $70,473; Brown Street $19,401; Buena Vista Avenue $51,858; Candlewood Lane $89,326; Chipseal $90,984; City Line $171,732; Crown Street $333,807; Dorchester Street $37,400; Douglas Street $29,523; Earle Avenue $23,528; Fairville Boulevard $234,103; Fundy Drive $21,056; Garden Street $195,215; Glen Road $102,847; Hickey Road $15,805; King's Square North $27,652; Local Drainage $42,961; Main Street North $17,277; Manawagonish Road $79,738; McDonald Street $80,802; McKiel Street $46,676; Millidge Avenue $347,504; Molson Avenue $109,317; Natalie Street $24,067; Oakland Street $52,962; Ocean Westway $105,357; Park Avenue $165,645; Park Avenue Extension $67,008; Parking Meters $214,999; Point Road $19,017; Queen Street Central $64,454; Queen Street West $67,749; Ridge Row $43,056; Riverside Lane $46,628; Rothesay Avenue $19,278; Sears Street $62,504; Sewell Street $47,052; Sherbrooke Street $61,356; Simpson Drive $63,578; Spruce Avenue East 96,250; St. James Street West $25,609; Street Resurfacing $344,504; Summer Street West $19,452; Summit Drive $155,900; Sydney Street $211,147; Thorne Avenue $38,148; Todd Street 53,577; Tower Street $28,165; Traffic Signage and Signals $60,695; Treadwell Drive $30,850; Tree Planting $43,067; Vey Road $20,330; Wellington Row $72,530; Westmorland Road $69,094; Works Central Garage $25,562; Works Central Office $24,865; Works Depot $39,006 -- $4,722,446 Environmental Health: Spruce Lake Landfill Site $271,041 Environmental Development: Housing Incentive Program $44,900; Harbour Station Stairs $153,539; Heritage Grants $44,677; Harbour Station $417,479; Subdivision Cost Sharing $443,369; Trade and Convention Centre $98,806; Tourist Information Centre Highway West $29,427; Tourist Information Centre Reversing Falls $38,052 -- $1,270,249 Recreation & Cultural Services: Ammonia Detectors $17,071; Belyea Arena $23,974; Canada Games Aquatic Centre Expansion $136,433; Canada Games Aquatic Centre Miscellaneous $100,000; Facility and Community Development $16,433; Facility Improvement $38,635; Golf Course Parking Lot $37,252; Hurley Arena $85,784; Lancaster Arena $113,759; Lily Lake Pavilion $29,656; Lord Beaverbrook Rink $30,000; Rockwood Park Facilities $13,254; Shamrock Park/Adelaide Street $82,377; Tree Planting $30,554 -- $755,182 Public Transit: Saint John Transit $720,698 86-370 COMMON COUNCIL APRIL 28,1997 TOTAL GENERAL FUND $8,860,000 WATER & SEWERAGE UTILITY Water System: Buena Vista Avenue $104,557; Earle Avenue $65,853; Haymarket Square $69,532; Lansdowne Avenue $73,097; Lead Service Renewal $259,559; Millidge Avenue $280,630; Montreal Avenue $89,903; Renforth Water Main $176,355; Rothesay Avenue $254,233; Sand Cove Road $75,970; Spruce Lake $1,036,303; Sydney Street $148,008 -- $2,634,000 Sewer System: Buena Vista Avenue $139,361; Lower West Side Pump Station $365,979; Millidge Avenue $187,178; Montreal Avenue $160,912; Natalie Street $175,769; Sand Cove Road $114,819; Second Street $111,736; Service Laterals $94,649; Sydney Street $142,526; Todd Street $61,040; Union Street $62,683; Wastewater Sewerage Treatment Plant $260,453; Western Beaches Trunk Sewer $578,895 -- $2,456,000 TOTAL WATER & SEWERAGE UTILITY $5,090,000 TOTAL FOR ALL PURPOSES $13,950,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $13,950,000.". On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager regarding the above Notice of Motion be received filed. Question being taken, the motion was carried. 25A. Responsibility For Cost Of Transporting Solid Waste And Establishment Of Transfer Station On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Solicitor responding to the following two questions posed at the last meeting relating to the close-out of the Spruce Lake landfill: (1) who is responsible for paying the hauling fees from any site in Saint John to Moncton should that be required; and (2) who is responsible for the costs associated with the development of a transfer station -- be received and filed. Question being taken, the motion was carried. 25B. Quit Claim Deed - Christine L. Stanton Lake Drive AbuttinQ 4247 Loch Lomond Road Read a report from the City Solicitor advising of a request on behalf of Mrs. Christine Stanton, who owns property at 4247 Loch Lomond Road described as Lots 9 and 21 on a plan of Berryman Place dated March 10, 1915 and who has exercised occupation of that part of Lake Drive adjacent to her two lots since the mid 1950s, for a quit claim deed from the City for the latter area; and submitting a resolution for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 86-371 COMMON COUNCIL APRIL 28, 1997 RESOLVED that the Mayor and Common Clerk be authorized to execute a quit claim in favour of Christine L. Stanton of any interest the City may have in that portion of an undeveloped street right-of-way designated Lake Drive abutting her land at 4247 Loch Lomond Road in consideration of a release from Mrs. Stanton to the City. Question being taken, the motion was carried. 26. Committee Of The Whole Report Read the 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 reports that it sat on April 14, 1997, when there were present Mayor McAlary and Councillors Arthurs, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That John Correia and Susan Hellingwerf Ellis be appointed to the Harbour Station Commission for a term of three years. April 28, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 26.1. Harbour Station Commission Appointment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the Committee of the Whole report submitting a recommendation on appointments to the Harbour Station Commission, which was tabled at the last meeting, be taken from the table for consideration at this time. Question being taken, the motion was carried with Councillor Gould voting "nay" On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried with Councillor Gould voting "nay". 27. Committee Of The Whole Report Read the 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 reports that it sat on April 21, 1997, when there were present Mayor McAlary and Councillors Arthurs, Brown, Fitzpatrick, Gould, Knibb, 86-372 COMMON COUNCIL APRIL 28,1997 Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council (1) thank all those who submitted proposals to become the City's listing agent to sublease surplus office space at 15 Market Square; (2) inform Dave O'Brien and Dave Maxwell that they have been selected as the real estate agents to market the City's surplus office space, as per Proposal Call 97-083801 P; (3) authorize an agreement between the City and Dave O'Brien and Dave Maxwell for the purchase of listing for sublease, upon the terms and conditions therein, the office space described in the submitted Schedule A; and (4) authorize the Mayor and Common Clerk to execute the necessary contract documentation. April 28, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 27.1. Real Estate Agent For Sublease Of Surplus Space In City Hall On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 28. Planning Advisory Committee Long Lake Estates Subdivision 1203 Hillcrest Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its assent of September 9, 1996 with respect to the Long Lake Estates Subdivision at 1203 Hillcrest Road in order to assent to the submitted photo-reduced revised subdivision plan, and to any required municipal services and public utility easements. Question being taken, the motion was carried. 29. Planning Advisory Committee Park Lane Estates Subdivision Phase 3. 555 Woodward Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to one or more subdivision plans, in one or more phases, for the revised tentative subdivision plan for Park Lane Estates (Phase 3), 555 Woodward Avenue, that includes (a) assent for the two proposed public streets with the cul-de-sac portion of Cheryl Lee Lane (Kathleen Drive) situated over City-owned property NBGIC Number 51771, and (b) assent for any required municipal services and public utility easements; (2) authorize the preparation and execution of one or more subdivision agreements to ensure provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; (3) authorize cost sharing outside the limits of the subdivision; and (4) authorize the exchange of lands between the City of Saint John and Walter Vincent as generally shown on the submitted revised tentative subdivision plan, and also authorize the Mayor and Common Clerk to execute all documentation respecting this recommendation, including a joint subdivision plan between the City and the developer 86-373 COMMON COUNCIL APRIL 28, 1997 on the condition that the developer is responsible for all surveying and legal costs. Question being taken, the motion was carried. 30. Saint John Parking Commission Traffic By-Law Amendment Re Use Of Street LoadinQ Zones On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the report from the Saint John Parking Commission setting out a proposed amendment to the Traffic By- Law with respect to the use of street loading zones; and recommending that the amendment be given first and second reading and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to loading zones, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". (Councillor Trites withdrew from the meeting.) On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to loading zones, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 31. Harbour Station Commission 1996 Annual Report/Financial Statements The Mayor called for a motion to table for one week the 1996 Annual Report and Financial Statements of the Harbour Station Commission. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the 1996 Annual Report and Financial Statements of the Harbour Station Commission be laid on the table for one week. Question being taken, the tabling motion was carried. 32. Preservation Review Board - Certificates Of Appropriateness & Masonry Preservation Seminar On motion of Councillor Fitzpatrick Seconded by Councillor Waldschutz 86-374 COMMON COUNCIL APRIL 28,1997 RESOLVED that the letter from the Preservation Review Board submitting a letter of the type to be distributed to all property owners in the Preservation Areas of Saint John as part of the Board's community outreach, which reminds property owners to apply for a certificate of appropriateness and invites them to attend a Masonry Seminar -- be received and filed. Question being taken, the motion was carried. 33. Solicitor General Jane Barry RenaminQ Park On Milford Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Solicitor General Jane Barry asking Council for its prompt attention on her request of July 2, 1996 for the renaming of the park on Milford Road opposite the Community Centre in memory of Lou Murphy -- be referred to the City Manager. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 34. FCM - 1996-97 Activities On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Federation of Canadian Municipalities acknowledging Common Council's membership fee for the fiscal year 1997-98; and commenting on its 1996-97 activities -- be received and filed. Question being taken, the motion was carried. 35. Harding Street West - Petition Re Use Of Street Bv Transport Trucks On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the petition from residents of Harding Street West requesting that Council, as well as trucking companies, take into consideration a change of route for trucks and to find an alternate route to the highway other than using Harding Street West -- be referred to the City Manager. Question being taken, the motion was carried. 36. RE/MAX Professionals Inc. Request To Use KinQ's Square On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from RE/MAX Professionals Inc. requesting permission to use space in King's Square on May 30 for a hot-dog barbecue from which all proceeds would go to the Children Miracle Network -- be received and filed and permission be granted. Question being taken, the motion was carried. 86-375 COMMON COUNCIL APRIL 28, 1997 37(a) Steve Anderson (b) Patrick Donovan Continued Use Of Spruce Lake Landfill On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letters from (a) Mr. Steve Anderson and (b) Patrick Donovan regarding the continued use of the Spruce Lake landfill -- be received and filed. Question being taken, the motion was carried. 38. Saint John Horticultural Association Rockwood Park Advisorv Board Appointees On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Horticultural Association recommending that the following persons be appointed as members of the Rockwood Park Advisory Board, pursuant to section 9(1) of the agreement between the Association and the City of Saint John dated March 6, 1967: Eric L. Teed, Wallace MacMurray, Dr. William Irving, Brenda Farren and Stephen Ashford -- be received and filed Council accept the Association's nominees to the Rockwood Park Advisory Board. Question being taken, the motion was carried. 39. Bay Electric - Tender 97-082301 T Water And SeweraQe. Tender 97 -082302T BuildinQ Facilities On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Bay Electric advising that it was the low bidder on City Tenders 97-082301T Water and Sewerage and 97-082302T Building Facilities; and submitting information with respect to its operations -- be received and filed. Question being taken, the motion was carried. 40. Taco Pica Worker Co-Operative Ltd. Request To Place Tables And Chairs At 86 Germain Street On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that letter from Taco Pica Worker Co-Operative Ltd. requesting authorization to set up 25 patio chairs and 4 tables at the front side of the Taco Pica Restaurant at 86 Germain Street, beginning May 1 through the end of September -- be received and filed and permission be granted. Councillor Waldschutz suggested that the Street Occupancy By-Law would prohibit the placement of chairs, sandwich boards and such on sidewalks and that there should be some way, in addressing the needs of such businesses in the summer, to specify that they do not obstruct the sidewalk, and suggested that this matter should be referred to staff; and Councillor Brown concurred with Councillor Waldschutz' comments made above in this regard. 86-376 COMMON COUNCIL APRIL 28,1997 Question being taken, the motion was carried with Councillors Brown and Waldschutz voting "nay". The Mayor advised that, rather than entertain a motion on the matter of sidewalk boards and chairs due to the time and her desire to proceed with the agenda, staff would take note of the comments made. 41. GEMTEC Limited - Acceptance Of Pre-Treated Leachate From Crane Mountain Containment Landfill On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from GEMTEC Limited advising of the Town of Grand Bay's current review of the Fundy Region Solid Waste Commission's request for Grand Bay to accept pre-treated leachate from the Crane Mountain containment landfill; and, to ensure that the project moves forward on schedule, requesting the City to consider accepting the leachate -- be referred to the City Manager. Question being taken, the motion was carried. 41A. Saint John District Labour Council Port Police And Waterfront Workers On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John District Labour Council expressing opposition to remarks made concerning the Saint John Port Police and Port Workers; and expressing the view that the Port Police should be kept in position -- be received and filed. Question being taken, the motion was carried. Adjournment The Mayor called the meeting adjourned. Common Clerk