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2000-05-08_Minutes 88-1 COMMON COUNCIL MAY 8, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of May, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; B. Malone, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on May 1,2000, be approved. Question being taken, the motion was carried. * Added Items On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that a proclamation on Nursing Week, and a letter from Health and Wellness - Public Health Services Saint John (copies of which were distributed to Council members at this meeting) be added to the agenda as items 8A and 26A, respectively. Question being taken, the motion was carried. 3. Ad Hoc Committee For Report Urban Poverty In Canada (Councillor Trites entered the meeting.) Cathy Wright addressed Council on behalf of the Ad Hoc Committee for the report Urban Poverty In Canada, which was submitted to Council by the City Manager on April 17, 2000, such report having been prepared by the Canadian Council on Social Development (CCSD), the local Ad Hoc Committee consisting of the City's Community Services Department, the Atlantic Health Sciences Corporation, the Human Development Council, Human Resources Development New Brunswick and the United Way of Greater Saint John having partnered with CCSD in this endeavour. Ms. Wright, through a computer-aided presentation, highlighted the findings of the study, which looked at statistics from 1991 and 1996 and compared 47 cities within 25 of the largest urban areas with a population of over 100,000, the key findings related to the City of Saint John being that poverty has increased by 5.1 % since 1991, more than one in three children and youth live in poverty, and Saint John has the highest poverty rate of major 88-2 COMMON COUNCIL MAY 8, 2000 cities in Atlantic Canada; and gave, as an example of the poverty line, $22,500 for a single parent with two children, and just over $14,000 for a single person. Ms. Wright provided statistics on the concentration of poverty among neighbourhoods in the City; noted the importance of education, occupational skill level and employment in decreasing poverty, as well as the organizations concerned with poverty, including the Federal Government, the Province of New Brunswick, municipalities, businesses, community agencies, churches, labour unions and individuals; and stressed the importance of acknowledging that poverty relates to the health of the community, as well as its economy. Ms. Wright, on behalf of the Ad Hoc Committee, requested that the City of Saint John, both Council and staff, take a lead role in bringing the stakeholders together to look at where to go from here. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the presentation on behalf of the Ad Hoc Committee concerned with the issue of poverty in the community, be referred to the City Manager. Question being taken, the motion was carried. 8. Per Diem Rate For Council Members AttendinQ FCM Annual Conference Consideration was given to a letter from Mayor McAlary setting out a resolution to authorize the payment of the per diem rate to Council members attending the Annual Conference of the Federation of Canadian Municipalities. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that authority be granted to pay the per diem rate under Council's Salary By-law to Mayor McAlary and Councillors Ball, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White who will be attending the 2000 Annual Conference of the Federation of Canadian Municipalities in London, Ontario, from June 2 to June 5,2000. Question being taken, the motion was carried. *8A. Proclamation Mayor McAlary proclaimed May 8 to 14, 2000 as Nurses Week in the City of Saint John. 9. Quarrying Activities At Bald Hill And Tendering Process For VendinQ Machines At Aquatic Centre Read a letter from Councillor Court asking staff to provide Council with a brief history of the activities of Bald Hill as he is receiving calls from residents about concerns of the quarrying activities going on there at this time; and advising that he would like information on the tendering process for vending machines at the Aquatic Centre. On the Bald Hill issue, Mr. Baird provided a history of the area in question, having been the subject of a Municipal Plan and re-zoning application in 1994 involving areas of land adjacent to the actual proposed excavation itself and the proposed re-zoning of the area that provided access to Guilford Road, with Council on May 30, 1994 having accepted the applicant's withdrawal of the application. Mr. Edwards advised that, in February 2000, Gulf Operators submitted an application for quarrying operations at Bald Hill, the plan being different from that in 1994 in that Gulf Operators does not intend to use any City of Saint John public streets for the transportation of any of the aggregate quarried from that property, and the plan is to do some low-level blasting and crushing on site and to extend a spur line from NB Southern into the property where the product would be loaded directly onto railcars and taken to its destination; and that no re-zoning was required as Gulf Operators would not cross over any lands that do not permit quarrying or gravel pit operations. 88-3 COMMON COUNCIL MAY 8, 2000 On the issue of vending machines at the Aquatic Centre, Mr. Beckett advised that, having had a brief conversation with the General Manager of the Aquatic Centre earlier this date, the Aquatic Centre conducted a tendering process several years ago and it was agreed at the time the tender was awarded that there would be a year- by-year review of the business practice and relationship with the company concerned; and, more recently, this past year, proposals, which were requested from the two local companies that provide vending machine services, were reviewed and it was decided to stay with the current supplier on the basis of the business case put forth by each and a positive working relationship with the current supplier. 4. Island View Home And School Playground Committee - Addition to PlaVQround Equipment Consideration was given to a brief from the Island View Home and School Playground Committee further to its May 3, 1999 presentation to Council of a proposal to install Phase 2 of the Island View Elementary School Playground; advising that, since installation of Phase 2 which was intended to accommodate the younger population, the Committee has encountered an unforeseen problem with the youngest and smallest children being unable to reach four of the upper body pieces of equipment and, to remedy this, four elevated wooden platforms and four access rungs, acceptable to CSA Standards would be installed; also advising that the Committee, to date, has raised $2,078.38 of the $4,025 cost; and asking again for Council's financial support of this project through the Land for Public Purposes Trust Fund. Fiona Higgins, Colleen MacRae and Cathy Macintosh of the Island View Home and School Playground Committee, and Charlene Hayes, President of the Home and School Association, were present at the meeting, and Ms. Higgins summarized the above brief, noting the inclusion of a Playground Fundraising Statement, information on pricing for the freestanding play structures, a scaled drawing of the Phase 2 Playground area, and a letter from School Districts 6 & 8 granting permission to expand the existing playground at Island View School. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the presentation by the Island View Home and School Playground Committee regarding cost sharing for additional playground equipment, be referred to the City Manager. Question being taken, the motion was carried. 10. Relationship{s) With SurroundinQ Municipalities Read a letter from Councillor Titus requesting, considering Council's budget deliberations, the opportunity to discuss with Council a review of its current relationship(s) with the surrounding municipalities that make up Greater Saint John. Councillor Titus suggested that, as Council has some serious budget considerations and suspecting that Council may be asked what if any steps have been made in this direction, this matter should be referred to the City Manager for a report to advise what, if anything, the City does in cooperation with the outlying areas of Grand Bay-Westfield, Rothesay and Quispamsis in terms of a cost saving for the Greater Saint John area, what if anything could be worked on in terms of trying to cost share with them, and things of that nature. Councillor Titus advised that he would like to have that information so as to possibly build on any cooperation that could save financially and, from a political point of view, in going to the Provincial Government at the appropriate time to tell it that Council is working its hardest to make this region work because it is the engine of New Brunswick. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the above matter be referred to the City Manager to report back on what, if anything, the City has cooperated on; what, if any, suggestions he may have that Council could work on; and if he thought 88-4 COMMON COUNCIL MAY 8, 2000 it prudent to set up a permanent staff or staff and Council committee to work with Councils in the area toward the ultimate end of making Greater Saint John a more viable place in which to live and do business. Question being taken, the motion was carried. 11. Tender For Motorized Equipment On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender for the supply of new motorized equipment for various areas of the City's operations be awarded to the lowest tenderer in each case as follows: #231001T - 6 sedans - Parkway Ford Lincoln Mercury - $20,945 each; #232001T - 1 van - Downey Ford - $27,435 each; #232002T - 2 vans - Parkway Ford Lincoln Mercury- $22,345 each; #232003T - 1 van - Parkway Ford Lincoln Mercury - $23,529 each; #232004T - 2 - 4 x 4s - Dobson Chrysler Dodge Jeep - $24,593 each; #232005T - 2 - 4 x 2s - Dobson Chrysler Dodge Jeep - $21,290 each; #232006T - 1 - 4 x 4 w/plow - Downey Ford - $54,426 each; #232007T - 2 - 4 x 4s w/plow - Downey Ford - $53,936; #232009T - 1 - 4 x 4 w/flat bed - Downey Ford - $42,933 each; and #232012T - 1 - 4 x 4 SUV - Downey Ford - $37,245 each, all being unit prices, taxes extra. Question being taken, the motion was carried. 12. Tender For Municipal CastinQs On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender submitted by Strescon Ltd. be accepted for the establishment of a supply agreement for the provision of municipal castings, for a period of 24 months, as detailed in the submitted summary of bids. Question being taken, the motion was carried. 13. Maintenance Agreement For Provinciallv-DesiQnated HiQhwavs On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the maintenance agreement for Provincial highways - 2000. Question being taken, the motion was carried. 14. ChanQes At Railwav CrossinQs Consideration was given to a report from the City Manager advising that two railway crossings in the City over which traffic crosses have come under review by staff, the first crossing being across Ashburn Road next to Deluxe French Fries restaurant on Rothesay Avenue, the second crossing being at the intersection of Grandview Avenue and Old Black River Road, and changes at these two crossings involve agreements between the City of Saint John and CN as well as an expenditure of money to implement; and, in terms of financial implications, advising that, for the total cost of $57,500 for the installation at the Ashburn Road crossing, CN has made application to Transport Canada for 80% of it, with the railway to pay 7.5% of the remaining 20% and the City to pay 12.5% as well as 50% of the ensuing maintenance costs, and the cost of $13,400 for the installation work at Grandview Avenue will be borne entirely by the City with maintenance costs to be to the account of CN. 88-5 COMMON COUNCIL MAY 8, 2000 On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the two agreements with CN relating to changes to the railway crossings at Ashburn Road and at the intersection of Grandview Avenue and Old Black River Road. Councillor Titus advised that he was not comfortable about the financial aspects in the above regard as it seemed to him that CN was dictating to the City what it would have to pay, and he did not like the amount or percentages suggested, nor the obligation to continue to upkeep the traffic devices, and that this was costing the City too much money and should be renegotiated. Councillor Desmond agreed that staff should go back to CN in an attempt to come up with a better solution to the situation on Ashburn Road in that CN does not want to put up a fence to stop vehicles parking, which is the crux of the problem, and the City would be responsible for maintenance cost of the installation which would be an ongoing problem. Question being taken, the motion was carried with Councillors Desmond and Titus voting "nay". 15. Attractions Canada Awards 2000 On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the report from the City Manager submitting a copy of staff's entry to the Attractions Canada Awards 2000 Program for the Saint John City Market which was selected from among the Province of New Brunswick entries as the nominee for national award for the best indoor site; advising that, although the Saint John City Market did not receive a national award, it did receive a Provincial award - Attractions Canada Provincial Award 2000, Indoor Site, for which a suitable plaque has been received in recognition of this distinction; and recommending that the Attractions Canada plaque be placed in a location for public display, preferably in the Saint John City Market, be received and filed and the recommendation adopted. Mr. Butler presented the plaque to the Mayor, noting the recommendation for placement of it in the City Market. Question being taken, the motion was carried. 16. Mark Drive Bv-pass Road - Street Names On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council (1) name that portion of the Mark Drive by-pass road, from Loch Lomond Road to its termination (near McAllister Place Shopping Centre) "Commerce Drive"; (2) rename that portion of Mark Drive lying northwest and southeast of Westmorland Road to "Consumers Drive"; and (3) authorize the registration of the name "Commerce Park", and authorize the Mayor and Common Clerk to execute the appropriate forms. Councillor Desmond advised that he did not think the proposed street names were appropriate as there was no history behind them. Councillor Titus expressed the view that it would be a complete waste of money to register the name "Commerce Park", as he did not know what, if any, value there would be in that particular name, and advised that he would not support that aspect of the recommendation. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Desmond and Titus voting "nay". 88-6 COMMON COUNCIL MAY 8, 2000 5. Citizens Of West Saint John - Rotation Of Positions At Community Centres Vicki Cobham, a volunteer with the Carleton Community Centre, appeared before Council on behalf of citizens of West Saint John on the issue of the move of the Director of the Carleton Community Centre to another centre. Ms. Cob ham advised that the delegation in attendance at this meeting included other members of the Carleton Community Centre Committee, representatives from the South End and North End Community Centres, and a number of concerned people from the community, who were present to express concern and opposition to the decision made by City management to move the current directors of the community centres through a procedure of rotation. Ms. Cobham expressed the view that, as a vital role of a recreation leader was to facilitate community building by developing relationships within the community and as a relationship of trust and respect had developed between the Director of the Carleton Community Centre and the youth in the community, rotation would not provide the time needed to build and maintain these relationships. Ms. Cobham suggested that, instead of position rotations, (1) the Director of the Carleton Community Centre not be moved; (2) the directors have annual performance reviews with input from the community; and (3) a committee of volunteers be developed with a representative from each community centre advisory committee to provide a network medium and possibly include appointment to the City's Recreation Advisory Committee; and asked that, rather than refer this matter back to the City Manager, Council deal with this issue and represent the best interests of the people of Saint John by helping them to continue to build a healthy community. Ms. Cobham also advised that the people from the North End and the South End have asked her to confirm that they also want their Directors to stay at their Centres, and referenced petitions with over a thousand signatures in this regard from the Carleton Community Centre and the South End Community Centre. Holly Hall addressed Council on the basis of her attendance at the Carleton Community Centre for three to four years; and Paul Beale commented in terms of the effect of the combination of area churches, community policing and the Carleton Community Centre in making for a good community, and on the role of a director of a community centre as being about the people in the building rather than about managing the building; and, in acknowledging that Council could not get involved in the daily operation of the City, suggested that this was a policy change and it was within the power and responsibility of Council to change the decision. The Mayor, in noting the lack of a policy on this issue, made the observation that this issue, when it first came up, was brought to Council by the City Manager because it is a management issue and management felt at that time that the directors perhaps wanted or needed new opportunities and challenges; and advised that she now had a better understanding of how community centres work and what the directors mean to the young people who go there. The Mayor recognized the presence at the meeting of MLA Elizabeth Weir, as well as the community Police officers from the West Side. Councillor Court advised that he saw this as a quality of life issue; and Councillor Chase commented on the basis of an opinion he had received that continuity and consistency were the hallmark of successful programs in community centres and, if there was no compelling reason to change directors, directors should not be changed. Councillor Titus advised that, having had discussion in closed session about this personnel issue during which time there was a suggestion that a referral motion could be made, he wanted to make a decision at this time rather than refer the matter, and was prepared to make a motion in due course that the status quo remain, that Council review how this particular situation was dealt with and communicate with the various members of the community centres and receive their input in the future before any moves are made to move anybody within Recreation. Councillor Trites made the observation that Council was dealing at this time with the West Side issue and, at the same time, senior staff has to make some changes within the community centres because of the need to reassign people who maybe have been on leave and are coming back into the system; and advised that he would hope that for a short period of time at least some form of the status quo would be maintained, with acceptance of where changes have to be made because of people re-entering the system and that, if Councillor Titus could get some policy and some sort of stay of proceedings to some degree worked into his motion, he would be prepared to support it. Councillor Desmond, a member of the Recreation and Parks Advisory Board which he advised supported rotation after a minimum of five years, agreed with the need for a policy, and expressed the view that a two and a half year duration for a director at a community centre, such as the case at the West Side, 88-7 COMMON COUNCIL MAY 8, 2000 was not enough; and suggested referral of the matter back to the City Manager, who has heard the concerns of the West Side people and Council, to make the decision but at the same time Council wanted the decision to be what the community would like to have. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred back to the City Manager to make the proper decision on behalf of the community and to come up with a policy with the input of a committee made up of the Recreation and Parks Advisory Board and volunteers of community centres. Councillor White expressed the belief that management staff should have the right to manage and it was not his role to second-guess management's decisions, realizing that Council must listen to citizens in the community and take their concerns into consideration when decisions are made; and, in expressing support for the referral motion, asked that the City Manager come back with a very quick decision which, hopefully, would be a resolution that would appease everyone. The Mayor advised that she hoped a decision could be made at this meeting which would be for all of the community centres, not just for the West Side. Councillor Fitzpatrick suggested that both Council and staff should be given an opportunity to think about this issue; and expressed the view that it would be wrong for Council to tell staff what to do at this time and that Council was dealing with a precedent-setting case with regard to Council involving itself in staff at all levels. Councillor Titus, in advising that he would not support the referral motion, proposed that Council should deal with the matter at this time by directing the City Manager to direct his staff to maintain the status quo with respect to the directors positions at all the City's community centers and furthermore that no change take place until such time as Council has a policy in place together with justification for future movements of directors, and furthermore that Council require input from individuals in the respective community centres before making any movement in this vital position, being director. Councillor Court asked if, in referring the matter to the City Manager, Council would have an opportunity to vote for or against the City Manager's decision, to which Mr. Totten replied that, if the item were referred to him, he would make a decision and Council would be apprised of that through information, but he would not normally submit a report seeking Council's approval and, in noting that part of his role as City Manager was to be sensitive to the community and staff and meet the expectations of the community at large, made the observation that he had heard what the citizens and the Council members have said and, without saying at this time what he would do, if the matter were referred to him he would make that decision and Council would be so advised. Councillor Court expressed the view that Council should make the decision at this meeting, and Council should proceed with the motion suggested by Councillor Titus. Councillor Ball spoke in support of the referral motion on the basis that the City Manager, having had an opportunity to hear from Council members and the community, should be given time and an opportunity to rethink this matter to some extent. Deputy Mayor Chase advised that he was not in favour of the referral motion as it was now Council's job, as the policy-setting body, to indicate its desire and to do so within a framework that would allow some movement for career advancement and for the ability of staff to move personnel who want to be moved and to cover off in the case of sickness. Councillor Desmond clarified that the referral motion was made in anticipation that the City Manager and staff could re-think the process and make the right decision that is favourable to the community. Mr. Totten addressed the appropriateness of the referral motion rather than directing staff to do something that would meet the expectations of the group before Council at this time and perhaps two or three of the other community centres in that there was another whole segment of the community who often questions why Council would get involved in the staffing relocation issues and Council would have to deal with that time and time again. Question being taken, the referral motion was lost, a tie vote having been created with the Mayor, Deputy Mayor Chase and Councillors Chase, Court and Titus voting "nay". On motion of Councillor Titus Seconded by Councillor Court RESOLVED that Council direct the City Manager to direct staff to maintain the status quo at the community centres with respect to the permanent staff position of Director; furthermore that no changes take place until 88-8 COMMON COUNCIL MAY 8, 2000 such time as there is a policy in place together with some justification for future movements; furthermore that Council require input with respect to this matter from the Recreation and Parks Advisory Board and each community centre before movement can be made. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 6. Fundy Bay Holdings Limited Re SiQn At 475 Latimore Lake Road Read a letter from Stephen Langille of Fundy Bay Holdings Limited advising that the purpose of his request to address Council was to respond to comments made about a sign located at Fundy Bay Holdings Limited's property at 475 Latimore Lake Road, concern over this sign having been expressed in a recent letter to Council from the Latimore Lake and Area Residents Association. Stephen Langille of Fundy Bay Holdings Limited, having read the above letter, addressed comments attributed to Councillor Vincent at the last Council meeting during consideration of the City Manager's report in response to letters of concern about activities in the Latimore Lake area. Mr. Langille expressed concern that, if Fundy Bay Holdings Limited was continuously misrepresented by others to the Mayor and Council as bad operators, an application under the new pits and quarries zone would be denied, and apprised Council of the effect on Fundy Bay Holdings Limited as a result of a campaign to smear its reputation. Councillor Trites raised a point of order on the basis that Mr. Langille had expressed his frustration on the issue of the sign and, as he indicated his intent to be back with an application for a pits and quarries zone under the Zoning By-law, it would be best not to get into a discussion at this time on an issue that would come before Council in a public hearing. 7. Fort LaTour Development Authority Value And Need Of Fort LaTour Site Eric L. Teed, Chairman of the Fort LaTour Development Authority, appeared before Council and, reading from a previously-submitted brief, advised that his presentation was being made in the hope that Council would recognize the value and needs of the Fort LaTour site and revise its priorities as to sewerage and encourage the development of the site. Mr. Teed outlined the history of the Fort LaTour site from 1604, and commented on its development to date and plans for future development. Mr. Teed advised of a problem with a sewer outlet in the area where construction of a sailing ship is proposed; and requested that the City review the North End sewer project to see if some change in priority could be given so that the Fort LaTour area could be done in the early stage and the full Fort LaTour development could take place. Mr. Teed noted the interest in waterfront development, the Fort LaTour area being part of it, and summarized the historical significance of the Fort LaTour site. The Mayor noted that the North End sewer project, which was a priority for the City, was at a standstill because of funding, and made the observation that the Fort LaTour area was part of the East Side system. The Mayor acknowledged the work done by the Fort LaTour Development Authority, and advised that the request would be taken under advisement. 17. Municipal Plan Amendment & Re-ZoninQ - Moore Street Area Read a letter from the Common Clerk advising that, further to the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of LSO Enterprises Inc. for a Municipal Plan amendment and re-zoning of property situated in the Moore Street area, and no written objections were received in this regard. 88-9 COMMON COUNCIL MAY 8, 2000 On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the application of LSO Enterprises Inc. for a Municipal Plan amendment and re-zoning of property situated in the Moore Street area be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 12, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Municipal Plan & Re-Zoning Of 152-154 Waterloo Street Read a letter from the Common Clerk advising that, further to the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Mr. & Mrs. Brian Bell for a Municipal Plan amendment and re-zoning of property located at 152-154 Waterloo Street, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Mr. & Mrs. Brian Bell for a Municipal Plan amendment and re-zoning of property located at 152-154 Waterloo Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 12,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillors Ball, Trites and White withdrew from the meeting as they were not present for the May 1, 2000 public hearings for the proposed re-zoning of property on Water Street and at 189 Prince William Street, and a proposed Street Closing By-law amendment with regard to Willett Avenue.) 19. Zoning By-law Amendment To Re-Zone Property On Water Street And 189 Prince William Street On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-law Number C.P. 100-529 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning all of the properties or portions of properties currently zoned "T" Transportation, located on the east side of Water Street, between Market Square and Duke Street, as well as the Federal Government office building property at 189 Prince William Street, from "T" Transportation and "RM-1" Three Storey Multiple Residential to "B-3" Central Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Titus expressed the view that Council members who were absent from public hearings should not have to remove themselves from consideration of by-law readings, and that there was a ruling that may cause some concern in that regard. Mr. Nugent advised that, although the Community Planning Act which stipulates the process for handling amendments to the Zoning By-law does not describe who may participate in a public hearing, it is clearly his view, as well as a long-standing common law view, only those who have heard the presentations may participate and that, as far as he knew, that issue had not been challenged in any court in New Brunswick nor in any court in the country with similar legislation; and also advised that the recent decision to which he believed Councillor Titus was referring did not represent a decision that addresses the issue of whether or not people who did not attend a public hearing are able to participate at a vote that deals with an application. The by-law entitled, "By-law Number C.P. 100-529 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. 88-10 COMMON COUNCIL MAY 8, 2000 Question being taken, the motion was carried. 20. Street Closing By-law Amendment Re Portion Of Willett Avenue On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to the stopping and closing of the following portion of highway: WILLETT AVENUE: - ALL that portion of Willett Avenue, a public street, situate, lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick beginning on the eastern side of the southerly prolongation of the eastern sideline of a lot of land designated Lot 79-1A on a Plan of Survey filed in the Saint John County Registry Office as no. 914 and extending therefrom eastwardly the entire breadth of Willett Avenue a distance of approximately 920 meters to the eastern limits of Willett Avenue containing an area of 1.85 hectares more or less - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Ball, Trites and White re-entered the meeting.) 21. 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 Monday, May 1, 2000, when there were present Mayor McAlary and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, and Vincent, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, in accordance with By-law C- 115 A By-law Relating to the City Market in the City of Saint John, section 4(1), Common Council appoint Kenneth Campbell, Deputy Market Clerk, and the Mayor administer the oath of office to him; and further that the appointment of Patrick Palmer as Deputy Market Clerk is rescinded, all with the effective date May 15. 2000. 2. That as recommended by the City Manager, (a) the City sell Parcel "A", approximately 531 square metres of property at 660 Sand Cove Road, as identified on the submitted plan, to Alyre and Faye Gionet for the price of $3,574 plus HST, with no adjustment for 2000 property taxes; and (b) accept a non-refundable deposit of $1,000 to be paid within 21 days of the adoption of the recommendation. 3. That as recommended by the City Manager, the City of Saint John sell its freehold interest in the lands at 68 St. James Street West to Michael and Krista MacFarlane for $1 ,500 plus HST, and the Mayor and Common Clerk execute the deed. May 8, 2000 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 88-11 COMMON COUNCIL MAY 8, 2000 21.1. Deputv Market Clerk Appointment On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 21.2. Sale Of Property At 660 Sand Cove Road On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 21.3. Sale Of Freehold Interest 68 St. James Street West On motion of Councillor Titus Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 22. Saint John Harbour Bridge Authority BudQet For Year EndinQ March 31. 2001 On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31, 2001 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority. Question being taken, the motion was carried. 23. Saint John Board Of Police Commissioners Emplovee Prescription DruQ Plan Approval On motion of Councillor White Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its approval of the recommended change in carriers for the prescription drug program for City of Saint John employees, be received and filed. Question being taken, the motion was carried. 24. Loyalist City Heritage 2000 Festival Revision To Festival For Year 2000 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Russell Duke, President of Loyalist City Heritage 2000 Festival, informing Council of a revision to the Festival for the Year 2000, the new name being Loyalist City Heritage 2000, and 88-12 COMMON COUNCIL MAY 8, 2000 advising that the Festival would appreciate some financial support from the City, be received and filed and the group be advised that there is no funding available. Question being taken, the motion was carried. 25. Lockmac Holdings Limited - Zoning Bv-Iaw Amendment 248 Lancaster Avenue On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Lockmac Holdings Ltd. for a Zoning By-law amendment with regard to property located at 248 Lancaster Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 12,2000. Question being taken, the motion was carried. 26. Diane Edison - Changing Of Directors At Community Centres On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Diane Edison expressing her unhappiness with the changing of directors of various community centres, be received and filed. Question being taken, the motion was carried. *26A. Vivien Carson, Public Health Services StaffinQ Of Community Centres On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Vivien Carson, Public Health Services, Region 2 Saint John, asking for Council's consideration in relation to proposed staffing reassignments for the directors of the community centres; and explaining the position of the nurses of the Sexual Health Centre in this regard as advocates for the youth they serve, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk