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2001-04-02_Minutes 88-419 COMMON COUNCIL APRIL 2, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of April, AD., 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent 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; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; C. Campbell, Planner; D. Logan, Purchasing Agent; E. Farren, Intergovernmental Affairs Officer; D. Harvey, Superintendent of Wastewater Treatment and Pumping; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. S. Greer, Communications Officer; Ms. A Poffenroth, By-law Enforcement Officer; 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. Gordon O'Coin of Calvary Temple 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 March 19,2001, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 1382 Hickev Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1382 Hickey Road (NBGIC Number 55007066), having an area of approximately 3.7 aces, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, to permit the development of a self-serve coin-operated car wash, as requested by Dale O. Mott, and a written objection was received in this regard from Ian Benjamin (copies of which were distributed to Council members at this meeting). 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's meeting of March 27, 2001 at which the applicant, Dale Mott, expressed agreement with the staff recommendation, and David Pollard of 35 Bruce Lane expressed safety concerns regarding an existing school bus stop at this location and, at the request of the Committee, the Manager of Community Planning undertook to contact the appropriate school district prior to finalizing the driveway location and other features, and recommending that Common Council re-zone a parcel of land located at 1382 Hickey Road, having an area of approximately 3.7 acres, also identified as being NBGIC Number 55007066, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the 88-420 COMMON COUNCIL APRIL 2, 2001 Community Planning Act setting out the following conditions: (a) the developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; (b) adequate site drainage facilities must be provided by the developer, including catch basins where necessary, in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, and the approved drainage plan must be attached to the application for building permit for the development; (c) the developer must landscape all disturbed areas of the site not occupied by buildings, driveways, and walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk; (d) the landscaping along the front lot line of the developed portion of the site must have a minimum width of 3 meters (10 feet), inside the front lot line, except where interrupted by a permitted driveway; (e) telephone, electrical wires must be installed underground from the existing overhead facilities on the street to any building on the site; (f) the exact location of any access driveway is subject to the approval of the Chief City Engineer or his designate; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior materials of all buildings, the location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and the approved site plan and building elevation plan must be attached to the application for building permit for the development; (h) all site improvements as shown on the approved site and drainage plans must be completed within one year of building permit approval; (i) the use of the site for the operation of a car wash is subject to the following additional conditions: (1) the proponent shall only use cleaning agents which are biodegradable and approved by the N.B. Department of Environment and Local Government, and no petroleum solvents shall be used or permitted on the site; (2) no washing of engines or other articles which are, or are likely to be, contaminated with oil or grease shall take place at the site; (3) the proponent shall install and maintain a wastewater treatment system within each wash bay, consisting of: (i) an asphalt or concrete surface graded to a catch basin located within this surface, followed by, (ii) a sand and grit interceptor, followed by, (iii) an oil/water separator, (iv) and which discharges to the municipal sanitary sewer system; (4) all wash water shall be disposed of through the wastewater treatment system; (5) the proponent shall periodically clean accumulated sand and grit from the wastewater treatment system; and (6) the maximum allowable wastewater discharge concentration is: BOD 25 mg/I, suspended solids 25 mg/I, surfactants 5 mg/I, oil and grease 15 mg/1. Ian Benjamin of 19 Sunnybrook Terrace, appearing in opposition to the proposal and acknowledging the value of the site for a business, advised that traffic was the root of his objection to this particular issue; and elaborated in this regard as set out in his above-mentioned written objection. Mr. Benjamin expressed the view that, as a bare minimum, further development at the corner of Loch Lomond and Hickey Roads should not be allowed until the traffic problems are fixed, although it should not be allowed at all as this is a residential area; and noted that Rothesay Avenue, Westmorland Road and McAllister Drive were already zoned for business. Dale Mott spoke in support of his application, noting that half of the subject property was on each of Bruce Lane and Hickey Road, and advising of his meeting with businesses in the area and the two residents to the west side of the subject property. Mr. Mott also noted that the proposed piece of the parcel of land on which he would like to develop and build was on the east side of the property, the farthest away from the two residences; and commented on the appropriateness of the location for the business proposed, the location being one of the areas designated by the City for commercial development. On motion of Councillor Fitzpatrick 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 parcel of land located at 1382 Hickey Road (NBGIC Number 55007066), having an area of approximately 3.7 acres, from "RS-2" One and Two Family Suburban Residential to "B- 2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 88-421 COMMON COUNCIL APRIL 2, 2001 Mr. Baird spoke to Mr. Benjamin's concern that the area might develop as another Rothesay Avenue, differentiating between Rothesay Avenue and the area in question and confirming Mr. Mott's indication that the area was designated in the Municipal Plan as a commercial-growth area. Mr. Baird advised that the area concerned was seen as one developing in a fashion where traffic would be controlled; and commented in terms of characterizing this particular area as residential in view of there being only three residences there, and the opportunity for commercial growth without infringing and encroaching upon newly developing residential areas being another positive feature of this application. 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 Court 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 parcel of land located at 1382 Hickey Road (NBGIC Number 55007066), having an area of approximately 3.7 acres, from "RS-2" One and Two Family Suburban Residential to "B- 2" General Business 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. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 9. Mavor's Remarks Mayor McAlary noted the intent for a representative of the Cancer Society to make a presentation to Council, and John Eisner introduced himself as a Grade 12 student at Saint John High School and a cancer survivor, knowing firsthand the effects of cancer but more importantly the good that can come through continued support offered through the Canadian Cancer Society in the form of patient services as well as research; and presented the Mayor with a bouquet of daffodils as a token of appreciation for the continued support of the Canadian Cancer Society. The Mayor commented on the forthcoming daffodil sale in support of the Society, and thanked Mr. Eisner for his comments. The Mayor proclaimed April 2001 as Parkinson Awareness Month and April 9 to 16,2001 as Parkinson Awareness Week, and April 7, 2001 as Proclamation Celebration Day in the City of Saint John, the latter on behalf of the Canadian Bible Society and the Christian Church of all denominations; and congratulated all those who worked in support of the Saint John Flames Hockey Team, noting that 2,719 season tickets were sold ensuring that the Team will be at Harbour Station for at least another two years. The Mayor recognized Councillor White, a member of the Recreation and Parks Advisory Board, who announced the 2001 inductees to the Saint John Sports Hall of Fame as follows: Michael Butler - athlete (badminton), Hermie Boyle - athlete (softball), Gene Mealey - athlete (golf), Don "Sailor" McKinnon - builder (boxing), CYO Monarchs - team (basketball), and Harry "Hat" Stephenson - builder (baseball), and expressed appreciation to Coast Tire, a local business, for sponsoring the May 30, 2001 Induction Dinner in an amount of $2,500, being the amount lost to the Sports Hall Fame during Council's budget deliberations. 88-422 COMMON COUNCIL APRIL 2, 2001 4. Environment Committee - Flood Plain ManaQement I Contaminated Sites Members of the Environment Committee were in attendance at the meeting, with Mr. Gray to address flood plain management and Mr. Shaw to address contaminated sites, as set out in the previously submitted briefs. Terry Gray, Chairman of the City of Saint John Environment Committee, was in attendance at the meeting and, in recognizing Committee members Don Shaw, Michael Sauerteig, Maureen Fuller and Councillor Court, as well as City staff support Amy Poffenroth and Craig Campbell, noted the intent to present the next in a series of draft policy documents regarding Part Three of the Municipal Plan, his presentation to be on flood management and Michael Sauerteig to make a presentation on contaminated sites. In dealing with flood plain management as sub-section 3.4.1 of the Municipal Plan, Mr. Gray, through a computer-aided presentation, commented on the following three issues: (1) the trade-off between flood risk and development, (2) restricted or prohibited development, and (3) conditions for permitted development, defining flood plain as an area adjacent to a lake, river, seashore etc. which is inundated or covered with water on average at least once in 100 years, floodwav as the portion of flood plain where the most frequent flooding occurs and where the flow of water is fastest; this area is determined on the basis of the 1 in 20 year return period flood, and floodwav frinQe as the portion of a flood plain where less frequent flooding occurs and where the flow of water is considered to be tranquil; this area is where the flooding occurs up to 1 in 100 years on average. Mr. Gray set out the following proposed objectives: (a) to take steps to protect life and property on the flood plains of the City; (b) to minimize the threat of injury, the loss of human life, damage to properties and the environment caused by flooding; (c) to minimize disruption of economic, social and transportation activities caused by flooding, and (d) to facilitate environmentally safe, compatible land uses and development in the reduced risk areas of the flood plain; and highlighted the policies proposed for flood plain management, as set out in the previously submitted brief. Michael Sauerteig presented the Environment Committee's proposed sub-section 3.4.3 to deal with contaminated sites, including former landfills and former industrial or commercial sites; proposed the following definitions: contaminated site - a property where a deleterious material has impacted the quality of the soils and/or groundwater, with possible adverse conditions for human health or the environment; deleterious material - a substance, other than naturally occurring materials present in the surface or subsurface environment, which creates adverse conditions within the soils or groundwater as a result of the chemical or biological composition of that material; and remedial measures - corrective actions undertaken to restore the site physical and/or chemical conditions to precontamination or background levels; the level of cleanup is often determined by the level of risk a particular contaminant would have to human health or the environment at that site. Mr. Shaw proposed the following objectives: (a) to determine and make publicly known health risks associated with former industrial waste disposal sites, former commercial/industrial sites, and development on identified contaminated sites; (b) to minimize risks to inhabitants and properties at former industrial or waste disposal sites, current commercial or industrial sites, and sites where materials handled or discharged could cause adverse environmental impacts; (c) to encourage land development and uses which protect human and environmental health, restore contaminated sites to economic use, and reduce risks associated with former industrial and waste disposal sites; and (d) to promote "Brownfields"-type development of former commercial or industrial sites. Mr. Shaw explained the "Brownfields"-type development approach, defining it as the clean-up of contaminated sites to levels based on site- specific risk-based criteria and then the development of the site for new uses appropriate to the situation; and outlined the policies proposed by the Environment Committee to deal with contaminated sites, as set out in the previously submitted brief. (Deputy Mayor Chase withdrew from the meeting during the above presentation. ) The Mayor thanked the Environment Committee members for their presentation. 88-423 COMMON COUNCIL APRIL 2, 2001 5. Saint John HiQh School 120 Law Class - SmokinQ By-law Read a letter from David Boudreau on behalf of the Saint John High School 120 Law Class advising his intent to present at this meeting information collected through a random survey of various groups of people in Saint John on the City's Smoking By-law, and to raise certain points that the students raised in a quasi-formal debate in class on March 28, 2001; and also advising his intent to make specific recommendations to change the By-law as the students found that there are various aspects of it that require judgement and definition, and to summarize his presentation and restate those recommendations the students believe to be important. David Boudreau, noting the delegation of students of the 120 Law Class in attendance at the meeting, addressed Council with the request that Council review and update the Smoking By-law for the Year 2001 on the basis that, while the By-law may be sufficient for the present time, it should be reviewed to ensure that this is the case in that many of the students feel that the By-law, which was enacted in 1993, is outdated and insufficient. Mr. Boudreau advised the results of a random survey carried out by students of the 120 Law Class of the people of Saint John concerning the Smoking By-law, the vast majority of high school students between the ages of 15 and 19 being of the view that the Smoking By-law should be amended, with the majority opinion of the people between the ages of 20 and 60 being that the By-law is good enough as it is, and apprised Council of the reasons given for these views. Mr. Boudreau, having advised Council of issues debated by the 120 Law Class on the smoking issue and in reviewing the Smoking By-law and, based on the students research, recommended that (1) the Smoking By-law be enforced and, if the act of enforcing the By-law is not financially prudent or feasible, the By-law be amended to increase the fine to make such an action worthwhile; (2) the Smoking By-law be reviewed and updated, if necessary, for the purposes of meeting the citizens' views of what 2001 should be and, if sufficient as it is, the By-law be dated for 2001 not for eight years ago; (3) the public be informed of what exactly the By-law constitutes to prevent ineffective complaints and promote legitimate issues; and (4) the requirements for the ventilation systems in smoking sections be reviewed to eliminate any possible health risks that may exist. On motion of Councillor Chase Seconded by Councillor Ball RESOLVED that the presentation on behalf of the Saint John High School 120 Law Class regarding the Smoking By-law be referred to the Environment Committee for a recommendation to Council. The Mayor expressed appreciation to Mr. Boudreau and the students in attendance at this meeting and for addressing this very challenging issue. Question being taken, the motion was carried with Mayor McAlary voting "nay". 6. Saint John Board Of Trade - City's OperatinQ BudQet Consideration was given to correspondence from the Saint John Board of Trade, including a copy of a letter previously submitted to Council at the February 5, 2001 Council meeting regarding City budget issues, and a copy of a memo with a discussion paper The City of Saint John Operating Budget - Beyond 2000 which was previously presented to Committee of the Whole of Council. Gerald O'Brien, President, and William MacMackin, 1 st Vice President of the Saint John Board of Trade, were present in the above regard, and Mr. O'Brien advised that the purpose of this presentation was to discuss the Board's above- mentioned letter in which the Board provided feedback on the City of Saint John's 2001 Budget, as well as its thoughts on steps the Board considered necessary for the City to be well positioned for future budgets; and commented on the Board's membership and goal. Mr. O'Brien, in noting that the Board's preference would be to meet by sitting down at one table in a private meeting, expressed the Board's understanding of the need for an open process, as well as its appreciation to have this opportunity to come before Council at this time and, having acknowledged differences between the Board and Council as well as joint projects carried out by them, expressed the view that there was a great new opportunity for a positive relationship between Council and business. Mr. 88-424 COMMON COUNCIL APRIL 2, 2001 O'Brien advised that, in the Board's view, it was imperative that the mutual goal of the Board and the City be to expand and grow the tax base as economic growth was the long-term solution to many of Saint John's needs and should rightly be the prime focus of all of the efforts. Mr. MacMackin addressed the City's property tax rate and municipal spending on the basis of the Board's view that the tax rate was a major economic disadvantage in terms of its impact, in particular, on small business owners who represent the vast majority of the Board's membership, as well as on residents, and commented on the City's operating expenditures in terms of its effect on its ability to invest in infrastructure and long-term investments. With regard to the Board of Trade's role in working with City Hall, Mr. MacMackin advised that the Board, with its purpose of encouraging economic development and wellbeing in Greater Saint John, wanted to be part of a solution and work with Council to accomplish what needed to be done in facing many issues over the next few years, with the aging of the community and workforce requiring a better understanding of what was needed in terms of City staff and what the community needed in terms of services; and asked that, as the Board suggests that the best way to identify the challenges and possible solutions would be to engage an independent firm to conduct an operational review, to move this idea for consideration as one of the first acts of the new Council after the May election. The Mayor thanked Messrs. O'Brien and MacMackin for their comments, and, as to the Board working with Council, suggested that, as the elected body was responsible to the taxpayers for the budget and senior City staff was responsible for preparing the budget on which Council would set policy and make decisions, the Board could meet with Council prior to budget on issues it wanted Council to consider. Councillor Chase proposed a motion, which was not seconded, to have an operational review and during discussion Messrs. O'Brien and MacMackin responded to questions on the Board's suggestions for an independent operational review and the establishment of a budget committee comprised of Councillors and non-councillors who would meet on budget and fiscal-planning matters throughout the year and present a detailed budget for approval by Council. Councillor Court expressed the view that, while it was appropriate for the Board of Trade to advise Council on matters of concern, it should be at arms length because of the two tax groups - the residential and the commercial, and Council members were elected, for the most part, by the residential group, some of which owned commercial ventures. Councillor Trites spoke on the basis that the City did not have an opportunity to put together a three or five year plan because it did not know what its revenue base would look like from year to year in terms of, for example, unconditional grants, so another step would be to come to some understanding with the Province that the City would have some predictability about its levels of income. Councillor Desmond suggested that the Board of Trade should be shown the information provided to the Province by City staff on the City's operations and expenditures and what it does with the revenue it has, adding that he was quite comfortable that staff was doing a lot of reviewing in the departments and within the different areas of the City to cut down costs. On motion of Councillor Ball Seconded by Councillor Chase RESOLVED that Council establish a budget committee comprised of Councillors and non-councillors who would meet on budget and fiscal-planning matters throughout the year. The Mayor expressed the view that Council should consider meeting with the Board of Trade from time to time, with the Board having the opportunity to come to Council to talk about issues that may affect it and that Council, being the elected body, would be doing a disservice to the citizens if it put people who were not elected on a budget committee. Councillor White advised his opinion that City staff was doing a good job, with Council making its decisions based on input from staff and also that Council has an open-door policy with regard to input from whether it be private citizens, business operators or organizations such as the Board of Trade, with Council members elected to make the final decisions on the expenditure of tax dollars. Councillor Fitzpatrick advised that he would not support a motion for an operational review at this time, not knowing what such a review would entail, how far and extensive it should be and what it would cost; and Councillor Vincent spoke to the Board's recommendation for the establishment of a budget committee on the basis that it would not happen because an elected body would consider it a challenge, noting that previous Board of Trade presidents have tried to do this and it has never happened. 88-425 COMMON COUNCIL APRIL 2, 2001 Question being taken, the motion was lost with the Mayor and Councillors Court, Fitzpatrick, Trites, Vincent and White voting "nay". On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the above presentation on behalf of the Saint John Board of Trade be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 7. Saint John Regional Hospital Foundation - Rallv Of Hope John Correia and Kelly VanBuskirk, Co-Chairs of the 2001 Rally of Hope, and Tim Carson, Executive Director of the Saint John Regional Hospital Foundation Inc., were present at the meeting, and Mr. Correia commented on the forthcoming 2001 Rally of Hope to be held on June 23, the goal of which was to raise $550,000 for the purchase of a cobalt radiation unit for the Radiation Oncology Department of the Saint John Regional Hospital, with Mr. VanBuskirk requesting, not a contribution, but a personal commitment from each of the Council members to this fund-raising event, and apprising Council of statistics on cancer and the condition of the Hospital's current cobalt radiation unit. Information packages on the 2001 Rally of Hope were distributed to Council members at this time. The Mayor thanked the members of the delegation for their comments, and advised that Councilor perhaps City staff would try to get a team together for the event. (Councillors Fitzpatrick and Vincent withdrew from the meeting.) 8. South Central Citizens' Council Plebiscite On Ward System Consideration was given to a letter from Dominick Eden, Chair of the South Central Citizens' Council, asking permission to speak on a recommendation of the Citizens' Council for a plebiscite to be included on the ballot of the upcoming election in order to give citizens a chance to vote on moving to a ward system. Dominick Eden commented on the role of the South Central Citizens Council over more than ten years, having been created as a measure to provide a voice between the community and the governing body of the municipality and being the only such group remaining out of all those envisaged by the Goals of Saint John process; and expressed the view that the gap between Common Council and the local citizenry still existed. Mr. Eden advised that the Citizens' Council was concerned about the at-large system in that it has shown to be largely reactive not proactive and provided very little opportunity for community input by not having an elected representative at the neighbourhood level, and explained why, in the opinion of the Citizens' Council, the current system lacked encouragement of public participation and failed its most basic democratic principles, with elections in Saint John passing with little interest, issues or debate. Mr. Eden requested, on behalf of the South Central Citizens' Council, that Council consider at this meeting a motion to include the plebiscite question on the ward system on the next electoral ballot in May 2001. (Councillor Vincent re-entered the meeting during the above presentation. ) The Mayor thanked Mr. Eden for his presentation and, in noting the plebiscite question on the ward system on the ballot for the 1998 municipal election in Saint John, advised that Council would not be able to include a plebiscite question on the ballot for the May 14, 2001 municipal election as the Municipal Elections Act required a resolution to be passed by Council forty-five days prior to the close of nominations, which is April 27, 2001, and approved by the Province. (Councillor Trites withdrew from the meeting.) 88-426 COMMON COUNCIL APRIL 2, 2001 10. East West HiQhwav I Atlantic Trade Corridor Consideration was given to a letter from Mayor McAlary commenting on significant political alliances that have been built in Maine, New Hampshire and Vermont, USA, on the issue of the East Coat Highway/Atlantic Trade Corridor since October 1998 when cooperative measures were begun at a conference in Saint John, advising that the New Hampshire House of Representatives will be addressing a motion to be forwarded to the Federal Highway Administration of the United States Department of Transportation in this regard, and a similar measure was being put before the House of Representatives in Vermont and in Maine, the motion being to request the Federal Highway Administration to commence a study with the Government of Canada on transportation infrastructure and the economic potential of the northeast region once significant changes in transportation infrastructure are introduced; requesting Council to adopt the resolution submitted; and submitting also a map illustrating the deficiencies in trade corridor links in the northeastern region, a draft of the State of New Hampshire's resolution, and a copy of Governor Jeanne Shaheen's letter of endorsement. The Mayor thanked Intergovernmental Affairs Officer Ed Farren for his efforts in the East West Highway/Atlantic Trade Corridor issue; advised that the New Hampshire House of Representatives passed a motion earlier this date in this regard; and asked Council for its support of the resolution in the above letter. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED the following resolution be adopted, namely: WHEREAS, on January 1, 1994, the Government of Canada joined with the United States of America and the Republic of Mexico in creating a hemispheric trading zone under the North American Free Trade Agreement; and WHEREAS the North American Free Trade Agreement recognized the importance of efficient international transportation through North America as an integral element to a healthy economy; and WHEREAS the Congress of the United States has recognized the importance of international corridors and border crossings in the Transportation Equity Act for the 21st Century (TEA-21); and WHEREAS Atlantic Canada, northern New England, upstate New York, Quebec, and Ontario comprise the northeastern portion of North America; and WHEREAS the northeastern region is developing closer ties through the North American Free Trade Agreement; and WHEREAS the people of the northeast region require transportation systems that will permit them to travel safely and efficiently, to facilitate trade, and to sustain their families and communities and business enterprises through safe and efficient regional transportation links; and WHEREAS it is indispensable to establishing a co-operative, international regional economy within the context of NAFT A that the two federal governments jointly undertake an evaluation of the region and in particular, existing transportation links to identify regional risks and opportunities, and WHEREAS Canada's participation in this study with the United States will enable both governments to work jointly toward improving the economic capabilities of the Northeastern United States and the Eastern Canadian Provinces: now THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John hereby urges the Council of Atlantic Premiers to request the Government of Canada to study the sufficiency of the transportation links on east-west axes from Atlantic Canada and Quebec through Maine, northern New Hampshire and Vermont and eastern and central New York to the Sherbrooke, Quebec and the Windsor, Ontario-Buffalo, New York regions with linkages along the Atlantic seaboard: 88-427 COMMON COUNCIL APRIL 2, 2001 AND FURTHER that such study evaluate the economic potential of the northeast region without significant changes in its transportation infrastructure including, but not limited to, power transmission and the laying of fibre optic cable in conjunction with the said transportation links and that such study evaluate the economic potential of the northeast region with significant changes in its transportation infrastructure including such factors as safety of transportation, efficiency of transportation, proximity to North American and European markets: AND FURTHER that the Government of Canada, and such governmental agency or agencies as the Government of Canada may designate to participate in such study including but not limited to Industry Canada, Transport Canada and the Atlantic Canada Opportunities Agency, conduct such study in conjunction with the Federal Highway Administration of the United States Department of Transportation and such agencies designated by the Government of the United States: AND FURTHER that this resolution of Common Council be sent to the New Brunswick Chamber of Commerce and the Atlantic Provinces Chamber requesting similar motions and courses of action from these bodies: AND FURTHER that copies of this resolution be forwarded by the Common Clerk, to Industry Canada, Transport Canada, the Department of Foreign Affairs and International Trade, and to the senior Ministers from each of the Atlantic Provinces, and the Premier of New Brunswick. Mr. Farren commented on his meetings on behalf of Council and the City of Saint John with intergovernmental affairs people, the Department of Transportation, Economic Development involved in international trade, the New Brunswick Chamber of Commerce and the Atlantic Provinces Chamber of Commerce, all of whom are on-side with the City in this initiative which comes from the business community of Greater Saint John; and advised that, politically, all is in order on the American side of the border with the New Hampshire Legislature having passed this and Vermont having one hundred members co-sponsoring this piece of legislation. The Mayor noted the City of Saint John's Sister City relationship with the City of Bangor, Maine, as well as the government departments and ministers to whom the above resolution would be forwarded. Question being taken, the motion was carried. * Added Item On motion of Councillor Ball Seconded by Councillor White RESOLVED that a Committee of the Whole recommendation with regard to the Water Street project, under item 43 on the agenda, be added to the agenda of this meeting for consideration as item 10A. Question being taken, the motion was carried. *10A. Water Street Transportation Project On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) the Water Street project as originally approved by Council be deferred to 2002; (2) the Power Commission be formally requested by Council to provide the cost estimates associated with placing all electrical infrastructure underground; (3) Council request that Uptown Saint John Inc. facilitate a stakeholders meeting at which City staff would attend in order to ensure that all of the expectations are incorporated into the project; (4) staff be instructed to work with all of the parties and bring back to Council a total package complete with anticipated costs and any possible cost-sharing arrangements that have been negotiated with the Utility and other property owners, and further that the amount of $520,000 be deleted from the 2001 Capital Budget. The Mayor explained that, although the Water Street project had been included in the 2001 Capital Budget, a number of agencies have come forward with issues, including the Waterfront Development Partnership, the Saint John Development 88-428 COMMON COUNCIL APRIL 2, 2001 Corporation, Uptown Saint John and Enterprise Saint John, and also Enbridge Gas will be running gas lines later this year on Water Street, so it would not be practical to do the work and subsequently have Water Street torn up. Question being taken, the motion was carried. 11. Tender For Asphaltic Concrete Mixes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of LaFarge Canada Inc. be accepted for the establishment of a supply agreement for asphaltic concrete mixes for the duration of the 2001 construction season, in accordance with the unit prices included in the submitted summary of bids. Question being taken, the motion was carried. 12. Tender For Traffic Paint On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Laurentide Chemicals Ltd., in the amount of $40,931.40, tax and delivery included, be accepted for the supply of traffic paint. Mr. Groody confirmed that the paint in question was the same type as has been used for a number of years and, as to the cause of the problem with paint coming off in a number of locations in the City, advised that it was a combination of things and that, understanding the concern in this regard, staff was evaluating its options with respect to the type of paint that should be used, with consideration given to such things as whether oil-based paint should be used as opposed to latex as currently used and environmental implications being evaluated. Councillor Chase expressed concern about safety when there was no definite markings on roadways, and expressed the view that oil-based paint would be superior to latex, and last a lot longer. Question being taken, the motion was carried with Councillors Ball and Chase voting "nay". 13. Tender For Collection Of Residential Solid Waste On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the report from the City Manager submitting a copy of the report dealing with the tender for the collection of residential solid waste which was tabled by Council on January 22, 2001 for an evaluation of service delivery options for this service; advising that an operational review and cost analysis of the residential solid waste collection service has been undertaken with the objective of not only comparing costs of the various service delivery options but to look at all aspects of the service and consider how its delivery should evolve in the future, and the analysis found that the cost of the two service delivery methods currently being employed were essentially equivalent in 2000, with the 81% portion of the service delivered by City forces having compared favourably with the 19% carried out by contracted collectors, although projections on future costs indicated a widening gap between the two delivery options in favour of the in-house service, as well as a variety of opportunities to enhance the cost effectiveness of the service; and recommending that the submitted report be taken from the table, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 88-429 COMMON COUNCIL APRIL 2, 2001 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender for the collection of residential solid waste, for a period ending December 31, 2003, be awarded to the lowest bidder in each zone as indicated in the submitted summary of bids, and further that the Mayor and Common Clerk be authorized to execute any related contract documents on behalf of the City. Mr. Totten confirmed the Mayor's understanding that at any time throughout the period of the tender the City could remove some of the residential streets if a cheaper method of collection were found, perhaps by City forces. Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, advised that he could not support the recommendation on the basis that the tenders submitted by the successful bidders were too high and they were taking advantage of some uncertainty with the composting program and there should not be any uncertainty, and also that the City, to remove any risk that the haulers may perceive with their budgets, could tender for the collection cost and not the tipping fees as the Commission could bill the City directly for the tonnages that the private haulers take across the scales; and also advised, as to the question of control over what the haulers take across the scales, there would be control as superintendents supervising the collection routes do random checks to ensure that the haulers are picking up only residential garbage for which they are contracted, and the Commission can also monitor what is dumped on the floor. Question being taken, the motion was carried with Councillor Ball voting "nay". 14. Municipal Operations' Capital ProQrams On motion of Councillor White Seconded by Councillor Court RESOLVED that the report from the City Manager advising of a computer-based system of status reporting, produced by Stephanie Rackley, one of the City's engineers, using the City's new HTE Management Information System; providing an overview on Year 2000 projects in water, wastewater, transportation, storm drainage and environment; submitting a two-part financial summary on the status of the Year 2000 Capital programs managed by Municipal Operations; and commenting on the Saint John Construction Association's recently expressed view that more work should be directed its way and the use of City forces was inefficient on the basis that City employees have been utilized where they can be most effective and private sector partners are accessed where specialty services are required or where the scope of work exceeds municipal resource capabilities and that continuing this balanced approach in carrying out capital programs is in the long-term best interest of the community and its taxpayers, be received and filed. Question being taken, the motion was carried. 15. 2001 Transportation Capital ProQram Amendment On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager proposing an amendment to the 2001 Transportation Capital Program by deferring the Wall Street Overpass and Lancaster Avenue Bus Loop Projects, dropping Grandview Avenue and, with the funding available, expanding the scope of the Chip Sealing project to include Lackie Road, and the King Street Sidewalks project to include both sides of King Street between Germain Street and Chipman Hill; listing the five projects, with original estimates and commenting on them; and recommending that Common Council revise the 2001 Transportation Capital Program as outlined herein and shown in the submitted summary of projects, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 88-430 COMMON COUNCIL APRIL 2, 2001 16. Disposal Of Wastewater SludQe On motion of Councillor Chase Seconded by Councillor White RESOLVED that the report from the City Manager responding to questions concerning the disposal of wastewater sludge produced by the City's treatment facilities, raised at the March 12,2001 Council meeting in relation to a discussion on the Crane Mountain landfill operation, be received and filed. Question being taken, the motion was carried. 17. Additional Fee For Design And Construction MillidQeville Wastewater Treatment Plan UpQrade Consideration was given to a report from the City Manager advising of staff's receipt on March 27, 2001 of a copy of the Preliminary Design Report for the Millidgeville Wastewater Treatment Plant Upgrade which recommended the construction of several major process components to increase the treatment plant capacity from the current capacity of 6,820 m3/day to 10,000 m3/day with one of the process components recommended being lime stabilization, which was not required when the plant was originally designed in the early 1980s and as a result not incorporated into it as a process component; also advising that the 1993 Wastewater Strategy included recommendations regarding the Millidgeville plant but did not identify lime stabilization of sludge as part of the recommended upgrade of it at that time and, as the request for proposals for design and construction management services for the Millidgeville plant was based on recommendations of the 1993 Wastewater Strategy, the proposal request did not include for the design and construction management services for the lime stabilization process component; and further advising that the proposed cost of the work from ADI Limited in this regard is approximately $71,800. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the proposed additional fee of $71,800 for ADI Limited to provide design and construction management services for the lime stabilization process component at the Millidgeville wastewater treatment plant. Question being taken, the motion was carried. 18. SprinQ Clean-Up Week On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the report from the City Manager providing information on the City's forthcoming Spring Clean-Up Week of May 7 to 11, 2001, be received and filed. Question being taken, the motion was carried. 19. Sponsorship Of 2001 Canadian Artistic Gvmnastic Championship Event Read a report from the City Manager in response to the request considered by Council on March 5, 2001 for the City to be a Gold Sponsor of the 2001 Canadian Artistic Gymnastic Championship in exchange for the City making available to the organization the use of the Trade and Convention Centre as a practice facility; advising that the straight room rental amounts to $10,000 for the days in question which, if the request were granted, would mean that the City would not receive the rental fee that it would otherwise earn and, while normally staff would caution Council with respect to making such a concession, in light of the Committee's significant contract with Harbour Station of which the benefits will directly affect the bottom line of Harbour Station in 2001, the overall municipal finances would be improved by ensuring the success of this event; and also advising that the Organizing Committee for the 88-431 COMMON COUNCIL APRIL 2, 2001 Championship event met with City staff last fall to apprise staff of its efforts to attract this event and, in an effort to ensure that funds were available should Council wish to support it, an amount of $10,000 was included in the unspecified grants budget of $40,000 for this purpose. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize the payment of $10,000 to the Saint John Trade and Convention Centre on behalf of the Organizing Committee of the Canadian Artistic Gymnastic Championship Committee in exchange for recognition as a gold sponsor of the 2001 Championship event. The Mayor expressed concern that Council had not received the Committee's budget for the event, and Mr. Totten advised that he would ask the group for its budget, and also advised that he would have to follow up with the organizers on whether or not the Canada Games Foundation has been approached. Question being taken, the motion was carried. 20. Staff Retirement On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, in lieu of salary and benefit entitlements to June 30, 2003, Common Council approve a retirement allowance in the amount of $54,000 payable to J. Claude MacKinnon on the date of his retirement, being May 4, 2001, and further that Mr. MacKinnon's current benefit coverage for health, dental and group life continue until the date of June 30, 2003 and be funded on the same basis as currently exists. The Mayor wished Mr. MacKinnon every success in his retirement. Question being taken, the motion was carried. 21. Easement For Municipal Services Westmorland Road/St. Catherine Street On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John acquire a municipal services easement through 500 :t m2 of NBGIC Number 00322180, located between St. Catherine Street and Westmorland Road, as generally shown on the submitted plan, from Her Majesty the Queen in Right of the Province of New Brunswick for the price of $1 per square metre ($500 :t plus HST) and as a further consideration, the City of Saint John will: prepare and pay for plan of survey; pay HST in addition to the above-noted sum, if applicable; pay (up to $300) for any legal fees incurred by the Province of New Brunswick to complete this transaction; and upon completion of the installation/upgrade of the sanitary sewer line, reinstate the surface of the lands subject to the easement to a condition equal to or better than that existing prior to the installation/upgrade. Question being taken, the motion was carried. 22. Amendment To Lease Of Land At Ben Lomond Corner Read a report from the City Manager advising that on June 18, 1993 the City of Saint John entered into a land lease at the corner of Ben Lomond Intersection Highway No. 111 and Highway No. 820 for a ten-year term with a termination date of March 31,2003, and in 1997 the City redesigned the intersection known as Ben Lomond Corner and, in doing so, altered the size and description of the parcel of land the City 88-432 COMMON COUNCIL APRIL 2, 2001 leased to the Department of Natural Resources; and seeking Council's approval to amend the lease with the Department of Natural Resources to reflect the change in size of the parcel leased to it. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the requested amendment to Lease Number 442020048, more specifically, that the parcel size be adjusted from 3.869 ha to 2.88 ha to reflect the leased parcel size due to the realignment of the Ben Lomond Corner, and all other terms and conditions are to remain unchanged, and further that the Mayor and Common Clerk be authorized to execute any amendment to the said lease and any related documentation. Question being taken, the motion was carried. 23. Acquisition Of Land For Vey Road WideninQ Project Read a report from the City Manager referring to the 1996 widening of Vey Road by approximately 6.5 m along 206 m:t of land owned by Brian Train, and advising that, in January 2001, Hughes Surveys tried unsuccessfully to acquire Brian Train's signature on the plan of subdivision and Mr. Train indicated that he wished to be compensated for the necessary easement; also advising of negotiations with Mr. Train in this regard; and setting out a recommendation for Council's consideration. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 1,470 :t m 2 portion of NBGIC Number 00327395, Vey Road, as generally shown on the submitted plan, from Brian Train for the price of $1 ,000 (+ HST if applicable), upon the following terms and conditions: as part of the transaction, the City of Saint John will pay for any plan required for conveyance purposes; pay to a maximum of $300 the legal fees incurred by Brian Train in connection with this transaction; and, if applicable, reinstate the subject property to the same or better condition as existing prior to construction, including the relocation of hydro poles and related street signage, and further that the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 24. Amendment To Council Resolution Property Acquisition 569 Rothesay Avenue Consideration was given to a report from the City Manager seeking Council's approval to amend its December 18, 2000 resolution for the acquisition of the fee simple interest in a portion of 596 Rothesay Avenue for the Rothesay Avenue Street Widening and Marsh Creek Bridge Replacement project, as, in February 2001, the Province of New Brunswick advised that the design criteria required a slight modification which would result in the City needing to acquire an additional parcel of 19 :t m 2 from Ultramar. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of December 18, 2000 to purchase 493 :t m 2 of land at 569 Rothesay Avenue from Ultramar Ltd. for the sum of $7,900 (+ HST if necessary) to: purchase 512 :t m 2 for the sum of $8,202 (+ HST if necessary), with all other aspects of the resolution to remain the same. Question being taken, the motion was carried. 88-433 COMMON COUNCIL APRIL 2, 2001 25. LeQal Status Of Lackie Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Solicitor expressing the opinion, further to Council's March 5, 2001 referral of the matter of the legal status of Lackie Road, that Lackie Road has been a public street since November 1975, be received and filed. Question being taken, the motion was carried. 26. Fluoridation - Plebiscite Results On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Solicitor advising that, in response to a question posed at Council's March 19,2001 meeting on whether the City could cease fluoridating its water supply when fluoridation was undertaken pursuant to the results of a plebiscite, the City's authority to make a decision in the future respecting fluoridation is unfettered by the results of the earlier plebiscite, as the results of the plebiscite did not require the City to implement fluoridation of the water, be received and filed. Question being taken, the motion was carried. 27. Milk For Moms - Liability Insurance Consideration was given to a report from the City Solicitor advising, further to the March 19, 2001 request to Council on behalf of the Milk For Moms organization for permission to hold a fund-raising event which would include rappelling down a portion of the Fort Howe rock face on Main Street, that generally those who occupy City lands pursuant to a contract are required to provide comprehensive general liability insurance naming the City as an insured and containing a cross-liability clause; however, based on his inquiries to the City Manager, the Common Clerk and the Commissioner of Community Services, there does not appear to be a City policy respecting the provision of liability insurance coverage by those using City property other than under contract; and also advising that, if Council were to permit the fund-raiser to proceed without requiring the organizers to provide insurance coverage in favour of the municipality, then the existing liability policy which the City maintains would respond to any negligence action brought against it in connection with the event and, if a decision were made whether to require the Milk For Moms organization to provide liability insurance, that decision should consider the nature and extent of the risk presented by the proposed event, taking into account the site, the timing and duration of the proposed activity as well as the experience and qualifications of those participating. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that approval be granted for the Milk For Moms organization to proceed with its fund-raising event that would include rappelling down a portion of the Fort Howe rock face on Main Street, without the organization being required to have liability insurance protecting the City, on condition that (1) those participating and supervising the rappelling be certified at an appropriate level by Ascent New Brunswick, (2) those people participating or supervising sign a waiver in favour of the City and (3) as a condition of their undertaking this event, all equipment they use be certified by an organization called UIAA, the International Union of Alpinist Associations. The initial motion was that the event be permitted to go forward on the understanding that the organization did not have liability insurance but if there were any risk it would be covered by the City's insurance, and changed to that above with the consent of the mover and sender on Mr. Nugent's suggestion following his conversations, since preparation of the above report, with Ms. Alberts, one of the co- founders of Milk For Moms, who indicated to him that, after unsuccessful attempts to find an insurer who would write a policy for the organization, she did find someone who was 88-434 COMMON COUNCIL APRIL 2, 2001 prepared to do so for a cost of about $1,500, and also with Stephen Adamson, who appeared before Council at the time of the organization's presentation and is the President of Ascent New Brunswick which he understands is the Provincial body that certifies people involved in rock climbing. Question being taken, the motion was carried. 28. Zoning By-law Amendment To Re-Zone 41-43 MontQomerv Crescent Consideration was given to third reading of a proposed Zoning By-law amendment to re-zone property located at 41-43 Montgomery Crescent, which was given first and second readings on March 19, 2001. 33. Hughes Surveys & Consultants Ltd. - Tabling Of Third ReadinQ Of Re-ZoninQ Of 41-43 MontQomerv Crescent Consideration was also given to a letter from Hughes Surveys & Consultants Ltd. referring to its application, on behalf of Rhonda King, for the re-zoning of the property located at 41-43 Montgomery Crescent; suggesting that, as Ms. King finds herself in a situation where she may be unable to proceed with acquiring this property, the application be tabled rather than going for third reading, while she attempts to resolve this situation; and requesting Common Council to table the application until further notice. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that third reading of a Zoning By-law amendment regarding the property located at 41-43 Montgomery Crescent be laid on the table, as requested by Hughes Surveys & Consultants Ltd. on behalf of Rhonda King. Question being taken, the tabling motion was carried. 29. 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, March 19,2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John acquire the fee simple interest in 1,783 :t m2 of land at the connection of Mount Pleasant Avenue East and MacDonald Street, as generally shown on the submitted plan, from Irving Oil Limited for the price of $35,856 (+ HST if applicable). April 2, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 29.1. Acquisition Of Property - Mount Pleasant East & MacDonald Street On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the above report be received and filed and the recommendation therein be adopted. 88-435 COMMON COUNCIL APRIL 2, 2001 Question being taken, the motion was carried. 30. 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, March 26, 2001, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That Charles Robichaud be appointed the City's nominee to an arbitration board established pursuant to the provisions of Contract 2000-3 Asphalt Resurfacing - 2000. 2. That the following resolution be adopted, namely: WHEREAS the City of Saint John entered into Contract No. 2000-3 Asphalt Resurfacing - 2000 with Elm City Paving Ltd. and the City is holding the sum of approximately $223,963 that is currently available for payment; and WHEREAS the City has received a notice from Classic Construction Ltd. wherein Classic alleges that it has not been paid with respect to work that it did involving the aforesaid contract; and WHEREAS the City has received a Requirement To Pay from the Canada Customs and Revenue Agency whereby it requires the City to pay to it any money owed by the City to Elm up to the amount of $211,185.50: THEREFORE BE IT RESOLVED that the City of Saint John apply pursuant to Rule 43 of the Rules of Court to the Court of Queen's Bench for an order that would permit the City to pay into Court the amount that is available for payment, being approximately $223,963, and further that the City Manager, Mr. Terry Totten, is hereby authorized to sign on behalf of the City any documents that are required with respect to the Court application. 3. That Anne Marie McGrath be appointed to the Saint John Board of Police Commissioners for a term of three years, replacing Gerry Puczko who has resigned. 4. That as recommended by the Nominating Committee, Vicki Cobham be appointed to the Recreation and Parks Advisory Board for a term of three years, replacing Betty MacMillan who has resigned. 5. That as recommended by the Nominating Committee, Sandy Bastarache be appointed to the Environment Committee for a term of three years. 6. That as recommended by the Nominating Committee, Connie Erb, Muriel Chittick, Eric Teed, Alice Howe, Gerry Hudson, Harold Mayes, Stewart Brenton, Vi Matheson, Nick Nicolle, Jean Prime, Bob Butler, June Dorrington, Jeanne Morehouse and Jean MacAulay be appointed to the Seniors' Advisory Committee. April 2, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 88-436 COMMON COUNCIL APRIL 2, 2001 30.1.Nominee To Arbitration Board - Contract 2000-3 On motion of Councillor Court Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 30.2. Court Of Queen's Bench Application - Contract 2000-3 On motion of Councillor Court Seconded by Councillor Ball RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 30.3. Appointment To Board Of Police Commissioners On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 30.4. Appointment To Recreation And Parks Advisorv Board On motion of Councillor Court Seconded by Councillor Ball RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 30.5. Appointment To Environment Committee The Mayor asked that section 5 of the above Committee of the Whole report be withdrawn for the time being. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that section 5 of the above report be withdrawn. Question being taken, the motion was carried. 30.6. Appointments To Seniors' Advisorv Committee On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 88-437 COMMON COUNCIL APRIL 2, 2001 * Added Item On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that a Committee of the Whole recommendation of this date regarding an appointment to the Preservation Review Board be added to the agenda for consideration at this time as item 30A. Question being taken, the motion was carried. *30A. Appointment To Preservation Review Board On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that Malcolm A. Harris be appointed to the Preservation Review Board for a term to expire December 31,2002, replacing Abel LeBlanc, who has resigned from the Board. Question being taken, the motion was carried. 31. Pension Board - 2000 Annual Report On motion of Councillor White Seconded by Councillor Ball RESOLVED that the 2000 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. The Mayor, in highlighting the 2000 Annual Report of the Pension Board, noted that the fund totalled $275,375,000 at the end of 2000, and that the Board was currently conducting a call for proposals for investment consulting and performance measurement services. Question being taken, the motion was carried. 32. Saint John Port Authority - Sponsorship For Port Days/National Transportation Week On motion of Councillor Vincent Seconded by Councillor White RESOLVED that with regard to the request of the Saint John Port Authority for sponsorship of Saint John Port Days/National Transportation Week to be held June 4 and 5, 2001, the City participate as a silver sponsor in the amount of $1,500. Question being taken, the motion was carried. 34. Residents' Committee, Pits And Quarries Study Input Re "PQ-2" Zone Prior To Public HearinQ On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the letter from David Bowen, Chairman of the Residents' Committee, Pits and Quarries Study, submitting a copy of the Committee's letter to Jim Baird, Manager of Community Planning, with regard to the proposed new Pits and Quarries PQ-2 zone, and advising that the Committee is hopeful that, before advertisement of the public hearing in this regard, there will be an opportunity for the Committee to clarify concerns with the establishment of this zone and placement of aggregate resources operations into that zoning district, be referred to the City Manager to ensure that the Residents' Committee has as opportunity for input. Question being taken, the motion was carried. 88-438 COMMON COUNCIL APRIL 2, 2001 35. Dobbelsteyn Home Care Re-ZoninQ Of 26 Currie Avenue On motion of Councillor White Seconded by Councillor Court RESOLVED that the application of Dobbelsteyn Home Care for the re-zoning of property located at 26 Currie 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 11,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 36. Petition From Residents Of McLeod Road Re PavinQIChipealinQ Of Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the petition from residents of McLeod Road requesting that McLeod Road be paved or chipsealed be referred to the City Manager. Question being taken, the motion was carried. 37. Fundy Region Solid Waste Commission Intention To Vote On BorrowinQ Resolution On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Fundy Region Solid Waste Commission giving notice of its intention to vote on the following borrowing resolution at a meeting on or after Monday, April 30, 2001: that the Fundy Region Solid Waste Commission (the "Commission') immediately submit to the Municipal Capital Borrowing Board an application for authorization to borrow $3,350,000 for a term not to exceed 15 years for the provision of Environmental Health Services as follows: Term 5 years $1,435,000 Cell construction, 15 years $1,915,000 Cell capping, be received and filed and Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission be asked to vote as necessary. Question being taken, the motion was carried. 38. Imperial Theatre - Waiver Of Auctioneer License Fee For Fund-RaisinQ Auction On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that with regard to the request of the Imperial Theatre for the City of Saint John to waive the normal auctioneer license fee for its fundraising auction on May 3, 2001, the fee be waived. The Mayor advised that the fee in question was $84. Question being taken, the motion was carried. 88-439 COMMON COUNCIL APRIL 2, 2001 39. Jeff Thompson - Use Of PesticideslChemicals On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Jeff Thompson advising that he would like to see pesticides and chemicals banned in the community, be referred to the City Manager. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk