Loading...
2001-04-09_Minutes 88-440 COMMON COUNCIL APRIL 9, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of April, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. T. 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; S. Galbraith, Director of Works; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; R. Simonds, Deputy Fire Chief; J. Mcintyre, Manager of Human Resources; C. Vreizen, Superintendent - Water and Sewerage Services; M. Gillen, Administrative Officer, Fire; 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 Reverend 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 Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on April 2, 2001, be approved. Question being taken, the motion was carried. 6. Deep See 2001 Visual Arts Festival Read a letter from Mayor McAlary recommending that, as the 1999 deep see Festival was a great success, Council donate $3,500 for the 2001 Festival from the unspecified grants budget. The Mayor advised that, although the group has not requested funding from Council, it was her understanding that it has applied for Provincial funding; and noted her recommendation on the basis of the importance of the Province, in providing financial support to such events, knowing that the City of Saint John supports them. The Mayor suggested that, if Council were supportive of a grant, an amount of $5,000, rather than the $3,500 recommended, could be considered. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that a grant of $5,000 be approved for the 2001 deep see Visual Arts Festival in Saint John, such grant to be advanced subject to the submission of the Festival budget. The mover and seconder agreed to add to the motion that, as suggested by Councillor Trites, the grant be advanced subject to the submission of the Festival budget. Question being taken, the motion was carried. 88-441 COMMON COUNCIL APRIL 9, 2001 7. Use Of Bricks On KinQ Street Consideration was given to a letter from Councillor Fitzpatrick advising that he would like to discuss the amendment to the 2001 Transportation Capital Program approved by Council at the last meeting, particularly the section dealing with the proposed use of bricks on King Street. Councillor Fitzpatrick expressed concern about the use of tightly packed bricks in sidewalks, considering the slope on King Street and in view of past problems; and suggested that, even though Council approved this project at the last meeting, the matter should be referred back to the City Manager for review. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the above matter be referred to the City Manager for a report to Council on a proposal using something other than tightly packed bricks. Question being taken, the motion was carried. 8. Baseball Fields Behind Loch Lomond Community Centrel Saint John Airport Read a letter from Councillor Titus submitting a letter to him from the Loch Lomond Little League regarding baseball fields behind the Loch Lomond Community Centre / Saint John Airport, and advising that he would like to discuss this issue with a motion to refer the matter to the City Manager for action. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager for a recommendation on a plan to improve the three baseball fields in question. Question being taken, the motion was carried. 3. Saint John Jazz & Blues Festival Chris Murdock, Chairman of the Nesbitt Burns Saint John Jazz & Blues Festival, distributed posters to the Council members advertising the Festival to be held in the City on July 12, 13 and 14,2001; and, having advised that the purpose of this presentation was to let Council and the City know of the event with the key issue being Council's non-financial support, highlighted the plans for the 2001 Festival for which the venues would be Pugsley Park and the Delta Hotel. Mr. Murdock also advised that the Festival was being funded purely through corporate sponsorship and ticket sales, with non-financial support from the City, and expressed the view that the Festival was an excellent start to the summer season on the waterfront and to start people thinking about the use of the waterfront as an excellent location to host events like this. The Mayor thanked Mr. Murdock for his presentation, and suggested that the group could submit a budget for the event so that Council could have some idea of what was expected from the City. 4. Saint John Port Authoritv - 2001 Cruise Overview Alwyn Soppitt, President and Chief Executive Officer of the Saint John Port Authority, acknowledged the presence at the meeting of Board members William Leahy and Rolf Spangenberg, Betty McMillan and Paula Small of the Port Authority and members of the Meet and Greet Committee; and, through a computer-aided presentation, highlighted the 2000 cruise results, having had 67 calls and over 101,400 cruise ship passengers to the Port of Saint John; and, for 2001, advised that 54 vessels, and just over 86,000 passengers were expected. Mr. Soppitt, in noting the major keys to success in the cruise industry, recognized, by name, the volunteers on the Meet and Greet Committee, who were given a round of applause in recognition of their efforts. 88-442 COMMON COUNCIL APRIL 9, 2001 The Mayor expressed appreciation to those involved in promoting the cruise industry in Saint John. 9. First Professional I Exhibition Association - Land NeQotiation Consideration was given to a report from the City Manager advising of land negotiations with Philip Wong of First Professional and Messrs. G. Lowe and C. Swanton representing the Exhibition Association to determine if it were possible to reach an agreement that would result in the completion of a new street from Consumers Drive at the Kent Store to McAllister Drive; submitting a schedule entitled "Simplified Cost Estimate, Future Road" which served as the starting point of negotiations, the second point of significance in these discussions being that the Exhibition Association had adopted a position that it was not prepared to separate this issue from the issue of Simonds Arena and, unless the City agreed to vacate the current site on which the Arena is located, the Association was not going to be a party to any other agreement. The report sets out the proposed solution which the parties agreed to take back to their respective decision-makers as follows: (1) First Professional would undertake to accept responsibility for the completion of the road as per City standards and, upon completion, the lands will be deeded to the City; (2) the estimated construction costs of $787,000 (excluding any contingency and HST) would be cost shared on the following basis - First Professional $437,000, the City of Saint John $175,000 and the Exhibition Association $175,000; (3) the Exhibition Association and First Professional will negotiate the terms of the payment of the $175,000 from the Association to First Professional and, while this agreement is to be between these two parties, staff understands that it will be based on either the sale of the lands adjacent to the new road, or perhaps be on fixed terms and, in any event, the representatives agreed that in no case will the loan be outstanding for more than five years; (4) the City will pay $175,000 to First Professional based on completion of certain works as approved by the Chief City Engineer; (5) the Exhibition Association will make available to the City three to four acres of land for the purpose of building a new arena, and this land will not be "given to the City" but will be provided under terms and conditions similar to the 1967 agreement; (6) the Exhibition Association will provide the lands necessary to construct a road or entrance-way from McAllister Drive to the new arena; (7) the Association, if necessary, will enter an agreement to allow patrons of the new arena to park on Association lands; (8) the Association will consider making a contribution towards the cost of the new roadway (or entrance) to the arena in recognition that the roadway does provide other access to the balance of its holdings; and (9) the City will remove from its upcoming Call for Design / Building Proposals for a new arena, the site upon which the current Arena is located. Note is made in the report that, while this represents the basic elements upon which the parties could proceed and a considerable number of details and language issues will need to be resolved, because of time restraints staff did agree to bring the proposal before Council for consideration and also that the City's participation is $60,000 more than what staff would normally anticipate, however, staff believes that all of this additional contribution will be completely recovered in less than 24 months. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council authorize the City Manager to advise both the Exhibition Association and First Professional that Council is supportive of entering into an agreement as generally spelled out in the above report with the following noted exceptions: (1) under no circumstances will the City participation exceed $175,000 before HST; (2) the terms and conditions of any agreement be approved by the City Solicitor prior to being presented to Council for approval; and (3) the Exhibition Association be notified that the City will require clauses in a new agreement that allow the City up to 18 months to finalize its plans and construct a new arena on Association lands before the lands revert to the control of the Association (the original agreement sets a one-year timeframe which is too restrictive) and, should a new arena be destroyed, the lands would not revert to the Association until the end of an 18-month period. The meaning of the 18-month period was questioned in terms of the City's opportunity to replace an arena that, for example, burned down, and Mr. Nugent advised that the language of the agreement would reflect that there would be an 18-month period subsequent to the destruction of the building in which the City would have an opportunity 88-443 COMMON COUNCIL APRIL 9, 2001 to decide whether to rebuild and, if it chose to rebuild, to complete the construction. The Mayor noted that, as discussed at the March 26, 2001 Committee of the Whole meeting, it was the intent to get the above message to the Exhibition Association which will be meeting on April 1 0, 2001, and Mr. Totten expressed the understanding, notwithstanding the change in some of the Association's Board members since this matter was discussed with Council, that Council, in its deliberations, thought it was appropriate to indicate, to the Association and First Professional, its willingness to proceed and enter into an agreement that would make available to the City other lands that are currently owned by the Association and also, just as significant, to initiate development and construction of a roadway; and it was clear to him that Council wanted to approve this publicly so that the Association and First Professional would know where Council stands. Question being taken, the motion was carried. 10. 2001 Water And SeweraQe Utilitv Fund Revisions On motion of Councillor White Seconded by Councillor Trites RESOLVED that the report from the City Manager submitting as Appendix A a summary of the approved Capital Program, and as Appendix B the proposed revised list of 2001 Capital Program projects which would defer some projects to future programs, delete some projects from this Program, and revise some project budgets; advising that, with the recent cost information provided in the Preliminary Design Report for the Millidgeville sewage treatment plant upgrade project, staff proposes that adjustments be made to the approved 2001 Capital Program to allow construction of the entire upgrade project to proceed this year as significant design and construction efficiencies can be realized by completing the entire project in a single phase as opposed to completing the work over two phases, and also that staff will continue to pursue funding under the Federal-Provincial Infrastructure Program to cost share for all of the projects submitted to the Province under application for infrastructure funding and, in the event additional funding is obtained beyond that anticipated, staff would report back to Council for approval of further adjustments to the 2001 Capital Program; and recommending that Common Council approve the revisions to the 2001 Water and Sewerage Utility Fund Capital Program as outlined in this report and the submissions, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 11. Summer PlaVQround ProQram Consideration was given to a report from the City Manager advising the intent to substantially reduce the free summer playground program that has been offered to children in Saint John for many years as (1) appropriate funding is not available through City budgets, (2) the practice of acquiring and administering the grants is becoming complex and questionable, and (3) City staff is no longer available to offer the same program as in the past due to year-around scheduling issues; also advising that, for 2001, the City itself will apply for grants to secure fifteen personnel and, if the grant is received, three locations will be selected where a free playground program will be offered between June 25 - August 10 and, in addition to employees hired through the grant program, there will be permanent recreation supervisors assigned responsibility for the program; and further advising that staff is in the process of notifying all past grant recipients that, in 2001, the City will assist the community groups to fill out grant applications and to provide a training program for any staff that will be employed directly by the community groups; however, staff will not supervise nor administer (payroll processing) any aspects of the community program. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the above report be received and filed. Question being taken, the motion was carried. 88-444 COMMON COUNCIL APRIL 9, 2001 12. Mispec Park Summer Operations On motion of Councillor Ball Seconded by Councillor White RESOLVED that the report from City Manager proposing a plan for the operation of Mispec Park for the summer of 2001 at an estimated cost of $40,000, further to Council's March 5, 2001 referral of the letter from the Mispec Park Recreation Committee Inc. advising that it would not be operating the Park in 2001; advising that, as monies will be redirected from other programs within the approved operating budget of the Parks Division, doing so will result in some reduction in service to activities such as grass cutting in other areas of the City since there will be less manpower available for the activity, although it is not proposed to eliminate any areas where grass is currently cut but only reduce the level of service; and recommending that Common Council approve the proposed plan for the operation of Mispec Park for 2001, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 5. TestinQ ProQram For Potable Water Read a letter from the City Manager advising that the staff member responsible for the operating and testing procedures in place to ensure the most optimum water quality possible - Superintendent Chris Vreizen, has been asked to give Council and the general public an overview of the City's testing program for potable water. Mr. Totten advised that the topic of water quality was considered of such significance that it warranted a special time slot on the Council agenda, particularly after the last two years with respect to a number of boil orders throughout the Province and Maritime Region and the issues faced by Ontario municipalities. Mr. Vreizen, through a computer-aided presentation, advised that, when it comes to water, the public makes the assumption that (1) the resource is sustainable and will go on forever, (2) the water is clean and safe, and (3) the best health practice is being provided by the municipality; and provided an overview of the City's water system, which, as one of the oldest networks in Canada, consists of 49,000-hectares extending from Welsford to Barnesville and through which on any given day forty million gallons of water move; and apprised Council of the programs in place to deal with the issues of watershed protection, quality compromises, infrastructure degradation, imposed guidelines from both the Federal and Provincial level, constantly changing customer demands because of the industry base in the City, agency downloading from various levels such as the sampling and data testing which used to be done by the Province on a regular basis and the City now has to do, and manpower training and funding. Mr. Vreizen explained the water testing and treatment procedures and the sampling protocol used, as well as the process used to determine the laboratory to which water samples are sent; commented on the working relationship with the Province in meeting regulations, and the development of the City's twenty-five year Water Strategy; and described the multi-barrier approach used to protect the assets and manage the liability, including watershed protection, treatment process, distribution maintenance, cross- connection, education and communication, by-law enforcement, staff training and contingency planning. The Mayor thanked Mr. Vreizen for his presentation; and Mr. Totten advised that the degree of testing carried out by Mr. Vreizen and his staff far exceeds the requirements, and noted the amount of work, planning and skill that go into delivering a glass of water. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the above presentation be received and filed. Question being taken, the motion was carried. 88-445 COMMON COUNCIL APRIL 9, 2001 13. Collective AQreement With Local 771 Read a report from the City Manager highlighting the provisions of the submitted proposed tentative agreement with Saint John Fire Fighters' Association, Local Union No. 771, IAFF, for the period from January 1,2001 to December 31,2003, with regard to hours of work, vacation, the restructuring the Training and Fire Prevention and Investigation Divisions, the elimination of two positions in the Divisional Chief rank, the elimination of one District Chief position (through retirement), promotional rosters, medical board appearances, residency, wages, flexibility, and other considerations such as benefits to holiday relief firefighters, and a reduction in the initial overtime increment, as well as in administration time for scheduling employees; and advising the financial implications with the impact on the City's operating budget being as follows: 2001 - $268,000,2002 - $351,500 and 2003 - $360,500. Mr. Totten advised that the tentative agreement with Local 771 represented the first of the last three that the parties have negotiated between themselves, in other words, not having to go to arbitration and, following Chief Tait's comments on the interest-based approach used in negotiating the agreement and his summary of the key issues, Mr. Totten, in recommending approval of the tentative agreement, noted the financial implications, and advised that the decision to present this tentative agreement to Council was based on not only the changes in the contract and some of the economic factors that currently exist in the community but, more significantly, on information made available to him that indicated that there has been some precedent set by some arbitrators that established a relationship between a first class fire fighter and a first class police officer, as well as a more recent issue in the City of Fredericton where the arbitrators made an award slightly more than what was before Council at this time, being a 1.5% increase on January 1 and July 1 of each year for the next three years. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, subject to approval by the City Solicitor as to legality and form, Council authorize the execution of the submitted Collective Agreement between the City and Saint John Fire Fighters' Association, Local Union No. 771, IAFF, as well as six letters of agreement dealing with the Loss of Income Option, Vacation Selection, Hours of Work, the Exclusion of the Rank of Divisional Chief, Employees on the Lieutenants' Roster, and the Employees on the Captains' Roster, all submitted with the Collective Agreement. Councillor Ball expressed concern that, although the cost of the tentative agreement has been looked after for this year, the cost in the next two years would represent a cent increase in the tax rate or a cent reduction in the budget; expressed the view that there was a need to develop a system to bring the numbers more into balance with what the community needs in terms of infrastructure, quality of life and population growth; and advised that his only reason for not supporting the motion was because of the money it would take away from something else in the community. Question being taken, the motion was carried with Councillor Ball voting "nay". 14. Response To Request To Place Patios On Public Streets Read a report from the City Solicitor advising, further to the request to Council on March 5, 2001 on behalf of the operators of II Fornello and Mexicali Rosa's Restaurants for permission to construct patios on the public street as part of their facilities between May 15 and September 30, of his discussion with the applicant's solicitor on whether the use of the patios would be restricted to his customers only or would be available to the general public, the response being that they were going to give that further thought, consequently his opinion would deal with each possibility. The City Solicitor, in addressing the issue of the patios being restricted to customers only, expresses the opinion that the City of Saint John has no authority to grant exclusive control and possession of a portion of a public street to a private person and such exclusive control can only be had if the area in question is stripped of its status as a public street, which could be achieved by the enactment of a by-law temporarily stopping up and closing the portion of the street in question; and, if the patios were available to the general public whether or not patronizing the restaurants in question and if that 88-446 COMMON COUNCIL APRIL 9, 2001 feature is brought to the public's attention in a meaningful way, Council would then consider (1) whether the proposal would constitute a nuisance, either to private property owners or to the public and (2) whether the proposal would unreasonably impede the general public's right to pass and re-pass upon the streets in question and, in doing so, it would be appropriate to have regard to the nature and extent of the proposal's effect upon the public user of the sidewalk and roadway, public safety and private property owners in the vicinity, with subjects such as the duration of the proposed operation, the width of the sidewalk remaining, the nature and volume of pedestrian and vehicular traffic that the street receives, the geography of the site and the demand for parking space would be relevant matters, not for the purpose of permitting the proposal but rather for determining whether the City, as trustee of a public street, would object. The City Solicitor concludes that the City has the authority, pursuant to the Municipalities Act, to adopt a by-law respecting sidewalks and streets and, if it wished, could address matters of design, materials, safety, insurance requirements and any others that it chose in such a by-law and the administration is currently considering guidelines or standards which might be pertinent. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above matter be referred back to the City Manager and the City Solicitor for a report to Council. Councillor Titus, in proposing the motion, noted the reference in the above report to nuisance involved in relation to the matter. The Mayor asked if there was any way to allow the request, and Mr. Nugent advised that, earlier this date, he received a fax from the solicitor for the restaurateur who confirmed that his client, Grannan's Restaurant, has no objection to the use of the sidewalk cafes by the public and that commitment means that, essentially, the general question of whether or not what is being proposed is consistent with the public street status of the areas in question by pursuing the specific questions of, firstly, whether or not what is being proposed constitutes a public or private nuisance and, secondly, whether or not what is being proposed would amount to an obstruction of a public street by unreasonably impeding the public's primary right to pass and re-pass, the latter which concerns such matters as the width of the street and the sidewalk currently, the width of the street and sidewalk remaining for passage once and if the proposal were implemented, the volume of pedestrian and vehicular traffic on the roadway in question and any other issues that may be relevant to the fundamental right of the public to pass and re-pass, all of which are matter of fact rather than law, the former being a matter of law. Mr. Nugent suggested that, if Council so wished, those two issues could be referred to the City Manager and to him to examine and report back to Council; and added that a couple of other items that arise in conjunction with this is the appropriate means by which the public could be informed of the right of access to these proposed facilities which is an issue upon which the City Manager could comment, and, running parallel with this is the general issue of what controls or standards or rules the City might wish to impose on occupations of the public street that are consistent with its public street status, and that staff has been working on those and it would be appropriate for the City Manager to have those completed and brought forward as well for Council to consider as rules and regulations can be adopted by by-law and applied, so it would be appropriate to refer this matter to him and the City Manager to respond in light of the commitment on this date by the applicant to make the facilities available to all members of the public. Question being taken, the referral motion was carried. 15. Municipal Plan Amendment Re Chown Field Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and publication have been completed with regard to a proposed Municipal Plan amendment, which includes the Peninsula Neighbourhood Plan, with regard to property located at the corner of Crown Street and Paul Harris Street, known as Chown Field, as initiated by the City of Saint John, and submitting two objections in this regard, one from the South Central Citizens' Council and one from the Recreation and Parks Advisory Board. 88-447 COMMON COUNCIL APRIL 9, 2001 Councillor Desmond proposed a motion, which was not seconded, to table the above matter for a report on whether or not the subject property is owned by the three levels of government, and the Mayor suggested that that question would be addressed by staff if the matter were referred to the Planning Advisory Committee. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the proposed Municipal Plan amendment and re-zoning of property located at the corner of Crown Street and Paul Harris Street, known as Chown Field, be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 25, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting as he was not present for the April 2, 2001 public hearing for the proposed re-zoning of property located at 1382 Hickey Road.) 16. Zoning By-law Amendment To Re-Zone 1382 Hickev Road IlmposinQ Of Section 39 Conditions On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-566 A 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to 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 88-448 COMMON COUNCIL APRIL 9, 2001 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/l, suspended solids 25 mg/l, surfactants 5 mg/l, oil and grease 15 mg/1. The by-law entitled, "By-law Number C.P. 100-566 A Law To Amend The Zoning By-law Of the City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 17. 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, April 9, 2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1, That as recommended by the City Manager, Common Council amend its resolution of December 4,2000 to purchase a 28:t m2 of land at 597 Rothesay Avenue for the sum of $1,260 (new purchase price) in place of $565 (old purchase price), with all other aspects of the resolution to remain the same. April 9, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Amending Resolution Re Acquisition Of Property 597 Rothesav Avenue On motion of Councillor White Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 18. Saint John Development Corporation Re Additional Appointments To Board On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Development Corporation regarding the amendment to its Act to Incorporate which is being prepared with respect to the Waterfront Funding Agreement and under which the number of directors on its board will immediately increase and there will be two more positions for appointment by the City; and requesting that, as the Corporation would like to consult with Common Council on these appointments, Council request its views before filling these vacancies, be referred to the Nominating Committee. Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 88-449 COMMON COUNCIL APRIL 9, 2001 19. Saint John Art Advisory Board - Status Of Aitken Bicentennial Exhibition Centre On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Wm. R. Fitzpatrick, Chair of the Saint John Art Advisory Board and Chair of deep see Visual Arts Festival 2001, referring to the recent Art Summit organized by the City as well as the positive impetus that it has the potential to generate for the arts, in its various forms, in the communities of Greater Saint John; advising that one of the positive initiatives that he firmly believes can happen immediately is action that could result in ABEC moving ahead with a more secure, positive future, even in an expanded capacity, in the arts; and asking Council and the Board of ABEC to work together to give birth to a new, expanded ABEC as an art centre for the region, be referred to the City Manager. Question being taken, the motion was carried. 20. Saint John Parking Commission Appointment - Bv-Iaw Enforcement Officer Read a letter from the Saint John Parking Commission requesting adoption of the resolution, as set out herein, for the appointment of a by-law enforcement officer. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-law, namely: Christopher Claybourn; and further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 21. Saint John Board of Police Commissioners 2000 OperatinQ BudQet - Year-End Financial Results On motion of Councillor White Seconded by Councillor Trites RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, in accordance with Section 7(3) of the New Brunswick Police Act, for the information of Common Council, the statement of its 2000 Operating Budget - Year End unaudited financial results, be received and filed. Question being taken, the motion was carried. 22. Fundy Region Solid Waste Commission - Financial Statements. Auditor's Report. 2000 Annual Report On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission submitting its Financial Statements, Auditor's Report and a report on activities, for the year ended December 31, 2000, which were reviewed and adopted at the Commission's March 28, 2001 meeting, be laid on the table until Councillor Chase, Council's representative on the Commission, is present. Question being taken, the tabling motion was carried. 88-450 COMMON COUNCIL APRIL 9, 2001 23. Saint John Port Authoritv - Hawkers & Peddlers On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the letter from Alwyn G. Soppitt, Chair of Cruise Saint John, Saint John Port Authority, referring to the efforts of the Meet & Greet Program in extending a warm welcome to cruise passengers visiting the City throughout the summer, as well as to the presence of hawkers and peddlers in the area of Water Street due to a concern that passengers who have been favourably impressed by the welcome extended to them as they disembark from the ship may be negatively influenced in their opinion of Saint John should they observe hawkers along the street from the terminal; and requesting Council's support in ensuring that the positive image created on the dock and around the terminal is taken into account and extended into the City and that the City strongly enforce current by-laws in respect to this situation and monitor the situation closely throughout the season, be referred to the City Manager. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. 24. Public Works & Government Services Canada Section 39 Amendment - 160 Cheslev Drive On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the application of Public Works & Government Services Canada for an amendment to the Section 39 conditions of re-zoning of property located at 160 Chesley Drive 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. 25. Residents' Committee, Pits And Quarries Study - Input Re Proposed "PQ-2" Zone On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the Residents' Committee, Pits and Quarries Study, expressing its frustration and concern about the futile attempts to have further input to the process that is intended to produce a by-law respecting the "PQ-2" Pits and Quarries 2 zone; submitting a copy of its letter to Jim Baird, Manager of Community Planning, in this regard; and advising that, if Council should have any suggestions regarding better lines of communication, the Committee is open to advice, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. Adiournment The Mayor noted the next regular meeting of Council scheduled for Tuesday, April 17, 2001, and the meeting adjourned. Common Clerk