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2001-06-04_Minutes 88-500 COMMON COUNCIL JUNE 4, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of June, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Comptroller; 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; D. Logan, Purchasing Agent; C. Campbell, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. David Nicholson of Douglas Avenue Christian Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meetings of Common Council, held on May 22 and May 28, 2001, be approved. Question being taken, the motion was carried. 4. Mavor's Remarks Mayor McAlary proclaimed June 9, 2001 as National Kids Day in the City of Saint John, the goal of this day being to provide funds for the financial support of Kids Help Phone and to provide a link with schools; and, in noting the Calder Cup on display in the Council Chamber, extended congratulations to the Saint John Flames and the owners of the hockey team on their success in winning the AHL Calder Cup Championship. The Mayor noted the deep see Visual Arts Festival under way in the City, particularly the artwork on display at the City Market and on the Saint John Port Authority's Terminal buildings. Mayor McAlary extended condolences to the family of Dr. Ann Condon who passed away on June 1, 2001. Annual Environment Awards Mayor McAlary advised that this was Environment Week, with Environment Day on June 5 and Clean Air Day on June 6, and expressed appreciation to the members of the City of Saint John Environment Committee for their work on behalf of the City, recognizing Committee Chairman Terry Gray who addressed Council, relating information on Environment Week which is held the first week in June of each year to coincide with World Environment Day. Mr. Gray, before announcing the winners of the Annual Environment Awards, advised that the Committee considered the following submissions worthy of honourable mention: (i) Moosehead Breweries in recognition of its solid waste diversion efforts, (ii) Saint John Energy in recognition of its implementation of a state-of-the-art environment management system and provision of blue boxes to employees for home recycling, (iii) the Preservation Review Board in recognition of its extensive brick recycling program, encouragement of building restoration and reuse, salvation of historical building components for reuse and efforts to minimize demolition and construction materials going to landfill, (iv) the Marigolds Project, an effort of students of Districts 6 and 8 and Centre Scolaire Samuel-de-Champlain, and (v) Woodlawn School in recognition of its environmental program work. Mr. Gray called upon the Mayor to present Annual Environment Awards to the winners - The Salvation 88-501 COMMON COUNCIL JUNE 4, 2001 Army in recognition of its ongoing extensive recycling program; and Margaret Blair in recognition of her personal commitment to the collection of refundable containers from City streets, with Mr. Kallada, Executive Officer for the Atlantic Region, accepting the award on behalf of the Salvation Army, and Mike Arbo, a member of the Environment Committee, accepting on behalf of Margaret Blair who was unable to be present at this meeting. 3. Reversing Falls Jet Boat Rides Tourism At Fallsview Park Consideration was given to a letter from Janine Harris, General Manager, and Marc-Andre Gosselin, Director of Operations, Co-Owners of Excursions Nautiques Hargo Inc. doing business under the name of Reversing Falls Jet Boat Tours, outlining the subjects to be addressed in a presentation at this meeting with regard to the Reversing Falls Jet Boat Rides and tourism at Fallsview Park. Marc-Andre Gosselin, in his comments, spoke on the importance of the tourism industry to Saint John, referencing various tourist attractions in the City both natural and historical, as well as private-sector attractions, the operation of the Reversing Falls Jet Boat Tours from Fallsview Park in the Reversing Falls area being one of them; and expressed the view that Fallsview Park, as it is the actual location of the Reversing Falls, should be renamed to Reversing Falls Park and developed with adequate toilet facilities, water and sewerage services and picnic tables, this site being the most frequented site in the City and the one with the lowest level of satisfaction according to a survey carried out by the City for the 2000 tourist season. Mr. Gosselin commented on his company's operation and investment in and promotion of the City of Saint John, noting its provision of a unique attraction to the City, and referenced other areas of the Province where assistance has been given to private investors in the tourist business; and suggested that the City should be aware of its natural resource in the Reversing Falls and provide adequate street directional signage to the area, as well as develop the Park. Mr. Gosselin asked that Council give him a clear indication of the City's plans for Reversing Falls Park and in keeping the job boat operation there as it is a great asset for the City. In the discussion following, Mr. Gosselin advised that the installation of lights and Police patrols of the area has helped with the vandalism problem, and that picnic tables and portable toilets located there were for the use of visitors to Fallsview Park, and confirmed that his major issues were signage, the name of the Park, water and sewerage, activities to attract families, and beautification of the area. (Councillor Titus withdrew from the meeting during discussion in the above regard.) On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that agenda item 28 be brought forward for consideration at this time. Question being taken, the motion was carried. 28. Julie Esselmont - Fallsview Park Consideration was given to a letter from Julie Esselmont commenting on the Fallsview Park area in that it continues to draw its share of local people and tourists alike, as well as in terms of its lack of picnic tables and benches and messy appearance, and suggesting that regular grass cutting would be a positive start there and that, without further delay, modest improvements should be made to greatly enhance this location. 88-502 COMMON COUNCIL JUNE 4, 2001 3 &28 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the presentation on behalf of the Reversing Falls Jet Boat Tours and the letter from Julie Esselmont with regard to the development of Fallsview Park be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 5. Minimum StandardslDanQerous & UnsiQhtlv BuildinQs Consideration was given to a letter from Mayor McAlary advising of her May 23, 2001 meeting, accompanied by the City Manager and the Building Inspector, with The Honourable Kim Jardine, Minister of Local Government and Environment, the Deputy Minister and two Assistant Deputy Ministers, to discuss how they could work together to strengthen and improve the City's by-laws on minimum standards and dilapidated and unsightly buildings, at which it was agreed that representatives from the Provincial Justice Department should be consulted and requested to participate, along with the City Solicitor, who will playa major role as he will be responsible for rewriting the City's by-laws, and the Minister will be setting up a committee and arranging a meeting within the next month; and also advising that she would like to have at least one Council member to attend these meetings with her and the appropriate staff members. (Councillor Fitzgerald withdrew from and Councillor Titus re-entered the meeting.) The Mayor, having noted Councillors Court and Fitzpatrick's interest in serving on a committee in the above regard, asked for a motion of Council to authorize a committee to be set up consisting of the Mayor and one or two members of Council to follow up on this issue and report to Council. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the Mayor be authorized to set up a committee of her and one or two members of Council to follow up on the above issue and report to Council. Question being taken, the motion was carried. The Mayor suggested that agenda item 10 dealing with housing accommodations in the City could be considered at this time. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that agenda item 10 be brought forward for consideration at this time. Question being taken, the motion was carried. 10. HousinQ Accommodations In City Consideration was given to a letter from Councillor Teed referring to recent news articles that have brought to the public's attention the fact that in this City there appears to be problems in the effective enforcement of the City's by-laws respecting proper maintenance and minimum standards resulting in "slum housing"; submitting a copy of an excerpt from the Municipalities Act dealing with standards for maintenance and occupancy of buildings and premises, and commenting on the Provincial Residential Properties Maintenance and Occupancy Code which was adopted in 1982 by reference in the City By-law 84-22 entitled "A By-law Respecting Standards For Maintenance And Occupancy Of Buildings And Premises", as well as on fines for violations provided for in the Provincial Offences and Procedures Act and the City's By- law in that the latter appears to be contrary to the Municipalities Act which voids such 88-503 COMMON COUNCIL JUNE 4, 2001 penalties; suggesting that the matter of whether a simple revision in the City By-law and enforcement procedures is needed or a change in Provincial legislation is required should be determined without delay, and proposing a resolution that a committee be established to commence an immediate study into the problem through the motion as set out herein. (Councillor Fitzgerald re-entered the meeting.) Councillor Teed proposed a motion, which was not seconded, that (1) a committee for Residential Property Maintenance and Occupancy Code enforcement be established for the purpose of investigating and recommending such changes and improvements to the City's by-laws or other means of change as will enable better control and enforcement of housing occupancy standards and ensure minimum standards for housing accommodations are maintained with the intent of the prevention of the development of and the removal of "slum" housing and inferior housing accommodations; (2) such a committee be composed of not less than five persons with a term of one year renewable, to select its own chairperson and to meet at least monthly; (3) public notice be given inviting persons interested in serving on such a committee to submit their names to the Common Clerk within four weeks and such names be then forwarded to the Nominating Committee; (4) the Nominating Committee make recommendations for the appointment to the committee from such interested persons with liberty to recommend others whom are felt appropriate to ensure a proper representation of interests within six weeks; and (5) the City staff be directed to cooperate with such committee in the investigation and report. The Mayor asked if Council would consider referring Councillor Teed's letter to the Mayor's committee authorized above under agenda item 5, and citizens could be added to that committee later after staff has reviewed the issues. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the above letter from Councillor Teed be referred to the Mayor's committee on minimum standards and dilapidated and unsightly buildings. Councillor Court noted that item (3) in his letter to Council under agenda item 13 deals with the substandard housing issue in the City with the recommendation that the Mayor provide a status report on the formation of a committee to look at this issue. In response to Councillor Chase's indication that he would like to hear from the people on the housing issue, the Mayor suggested that there should be one committee to which all the items on housing should be referred, with this committee to sort out some of the technical issues first and meet with the Provincial Government, working as one group rather than spreading off into two or three different directions. Question being taken, the referral motion was carried. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that item (3) in agenda item 13 be brought forward for consideration at this time. Question being taken, the motion was carried. 13(3) Substandard HousinQ On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that item (3) on substandard housing, in Councillor Court's letter under agenda item 13, be referred to the Mayor's committee on minimum standards and dilapidated and unsightly buildings. Question being taken, the referral motion was carried. 88-504 COMMON COUNCIL JUNE 4, 2001 6. Plan For Street & Sidewalk Improvements Read a letter from Mayor McAlary regarding the poor condition of many of the City's streets and sidewalks, part of the reason for this being that, over the past years as a result of reduced funding, the City has had to cut back on the amount of asphalt purchased. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the Mayor, a report be requested from the City Manager as to how to implement a three-to- five-year plan on street and sidewalk improvements, including cost and street locations. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 7. Expansion Of RidQewood Veterans WinQ Read a letter from Councillor Teed proposing a motion regarding the expansion of the Ridgewood Veterans Wing at South Bay, the Atlantic Health Sciences Corporation having awarded the contract for this expansion as indicated in the submitted copy of a newspaper article. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the following resolution be adopted, namely: WHEREAS the nation of Canada is indebted to those persons who served in the Armed Forces and Merchant Marine during World War II and subsequent United Nations peacekeeping matters; and WHEREAS the Ridgewood Veterans Wing at South Bay will be expanded by a new "state of the art 24-bed unit for Veterans who are cognitively impaired"; and WHEREAS the new unit is further recognition that Saint John is the health centre for this Province: BE IT RESOLVED that the City of Saint John send a letter of commendation to the Atlantic Health Services Corporation for its positive action in this expansion. Question being taken, the motion was carried. 8. Economic Value Of Education System Read a letter from Councillor Teed commenting on the educational system in the City as a major business and as the largest educational centre in the Province when one considers the number of students and number of employees at the schools, the Community College, the University, and other post secondary educational facilities that Saint John has; suggesting that there needs to be a study into the economic value of education in the City and that the Board of Trade should be asked to initiate the study and present any recommendations it may formulate for action that can encourage the development of post secondary institutions in Saint John, assuming of course they are found to be of economic benefit to the City and its citizens; submitting a copy of a newspaper article on a proposal for an Anglican campus on Lakewood Avenue West in the Forest Hills area of the City; and proposing a resolution in this regard. (Deputy Mayor White withdrew from the meeting.) 88-505 COMMON COUNCIL JUNE 4, 2001 On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the Saint John Board of Trade be requested to initiate a study of the economic value of the educational system in Saint John in relation to (a) the value of taxable real estate involved in educational facilities, (b) the numbers of students and their economic value to the community, and (c) the number of employees and their economic value to the community and, if the Board determines any of the above items are found to be of economic benefit to the City and its citizens, then to make such recommendations as the Board of Trade may deem proper to make respecting how to encourage the further development of the educational system within the City. Question being taken, the motion was carried. 9. Observance Of Arrival In City Of Sieur De Monts Consideration was given to a letter from Councillor Teed regarding the June 24, 1604 arrival at Saint John of Sieur De Monts, accompanied by Samuel de Champlain and others, for the purpose of establishing a settlement; submitting information in this regard; and advising that, as an international observance scheduled for 2004 at St. Croix Island is now being formulated, it seems reasonable that Saint John should take this opportunity to develop a program in cooperation with the Province marking the 400th anniversary of the arrival at Saint John, and the Multicultural Association of Saint John has initiated the formation of a citizens' committee to endeavour to promote this important event, and setting out a resolution in this regard. (Deputy Mayor White and Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the City of Saint John approve the concept of a fitting observance at Saint John for the 400th anniversary of the arrival of Sieur De Monts at Saint John in June 24, 1604, and the naming of the Saint John River and subsequent development of Acadia and, to this end, support in principle the development of a 400th Anniversary Observance Committee of citizens charged with the responsibility of recommending and initiating activities and actions for the observance of this event and the subsequent development of Acadia as the first settled area in the country. The Mayor advised of the interest of the Samuel de Champlain Center, as well as that of the Waterfront Development Partnership, in this event and suggested that one of the volunteer groups, rather than the City, should take the lead in this initiative as it would be a major event entailing major funding and organization. Councillor Teed referenced the Multicultural Association's involvement in this effort and clarified that his thought was for Council to say that it considered it a good idea and then let it rest there to see what developed and, if nobody came forward, then Council might have to take a second step. Councillor Ball proposed that the motion include that the Waterfront Development Partnership be the citizens' group to start the observations of the 400th anniversary. Councillor Fitzpatrick proposed that, as he was unclear from the motion as to what he would be supporting, the matter should be referred to staff so there would be a coordinating point, noting that the City has a Cultural Affairs Officer and the need for a report to come back to Council on the cost. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the referral motion was carried. 11. NB Power Conversion At Coleson Cove Read a letter from Councillor Chase advising that, having attended the public presentation held by NB Power on May 30 in which plans for the conversion of the 88-506 COMMON COUNCIL JUNE 4, 2001 Coleson Cove Generating Station were presented, he believes that this project will have a great impact on Saint John in terms of air quality and construction and, therefore, he feels it is important that Council be fully informed of the project; and also advising that, recognizing that other events were taking place at the time of the public presentation and Council members were not able to attend, NB Power expressed an interest in making a presentation directly to Council, thus a motion of Council to invite NB Power in for a presentation during open session may be in order. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that NB Power be invited to make a presentation to Council in the above regard. The Mayor suggested that, as it is her understanding that the City of Saint John Environment Committee will be making a presentation to Council at its next meeting, NB Power could be scheduled for another meeting so that both presentations would not be at the same meeting. Question being taken, the motion was carried with Councillor Desmond voting "nay". 12. Delegation Of Duties To Deputy Mavor And Members of Council Consideration was given to a letter from Councillor Chase noting the Mayor's representation of the City in important functions; and suggesting that, if there should be an occasion that two important events requiring elected municipal representation conflict in scheduling, then it should be procedure to request that the Deputy Mayor and/or another member of Council attend such a meeting or function, and this may involve revisiting of the "Councillor of the Week" program. Councillor Chase advised that the above matter came up over the Mayor's decision to opt out of the Canada 3000 delegation trip to Toronto in order to participate in the Saint John Flames victory parade, thus if that situation should arise again the Deputy Mayor or, if the Deputy Mayor were unavailable, another Council member could attend at a function and that, having talked about this issue with the other Council members, it seems that a fitting resolution would be to refer this to the committee that would be addressing the nominating structure for other committees to come back to Council with some ideas for a procedure. The Mayor asked that this be referred to her for a report to Council, as there was no nominating committee and these were the duties of her office. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to Mayor McAlary. Question being taken, the referral motion was carried. (Councillor Fitzgerald withdrew from the meeting.) 13. Various Issues Read a letter from Councillor Court proposing motions for the following issues he would like to briefly discuss with Council at this meeting: (1) approval for the continuation of the work of the Canadian Committee on Shipbuilding and Policy; (2) fears and problems faced by seniors concerning the use of compost carts and to discuss with Councillor Chase the education program of the Fundy Solid Waste Commission and possible alternatives for seniors; (3) substandard housing in the City; (4) Peggy's Lane in Saint John West, with staff to advise (a) whether it is a private or public roadway, (b) what problems presently exist concerning this property, and (c) what obligations or responsibilities the City has concerning this property; (5) how the City of Saint John can playa greater role in the promotion of the Port of Saint John, not with respect to cruise ships but as a working port, and if Council should have a committee established to work with the Port Authority to lobby more companies to utilize the Port of Saint John; and (6) 88-507 COMMON COUNCIL JUNE 4, 2001 setting a date to meet with union leaders and managers to discuss cost saving and revenue producing revenues. The Mayor asked that each item in the above letter be addressed separately, item (3) having been dealt with earlier in the meeting. 13(1) ShipbuildinQ Committee On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the original committee on shipbuilding, including former Councillor Mel Vincent, be given permission to continue its work until resolve has been made with shipbuilding in this country. The Mayor suggested that the City Manager should provide an update on the shipbuilding issue and also that any expenses incurred by the committee should be passed by Council, and Councillor Court asked that, to keep Council and staff together, Ed Farren, the City's Intergovernmental Affairs Officer, be assigned again to the committee. Question being taken, the motion was carried. 13(2) Seniors' Use Of Compost Carts On motion of Councillor Court Seconded by Councillor Teed RESOLVED that the use of compost carts by senior be referred to Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, and the education program of the Commission to make a public presentation to Council on possible alternatives for seniors as it relates to composting. Councillor Court related concerns expressed to him by senior citizens, including being able to handle the carts themselves and the cost involved in hiring someone to move them, and suggested that the Commission's education program should be in place now rather than delivering the carts and educating the public later on their use. (Councillor Fitzgerald re-entered the meeting.) Question being taken, the motion was carried. 13(4) PeQQV's Lane On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the questions on Peggy's Lane in Saint John West as set out in the above letter from Councillor Court be referred to the City Manager for a report to Council at the next meeting. Mr. Totten noted that, depending on title issues, a report in the above regard may take longer than one week to prepare. Question being taken, the motion was carried. 13(5) Promotion Of Port Of Saint John On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the matter of promoting the Port of Saint John as a working Port be referred to the Mayor for discussion with the Saint John Port Authority and a report to Council. 88-508 COMMON COUNCIL JUNE 4, 2001 Question being taken, the motion was carried. 13(6) MeetinQ With Union/ManaQers/Council On motion of Councilor Court Seconded by Deputy Mayor White RESOLVED that the matter of a meeting with union leaders, managers and Council to discuss cost-saving, revenue- producing initiatives, be referred to the City Manager and a date be set for such a meeting. Councillor Court advised that his intent would be for Council to meet with the City Manager and representatives of civic unions Locals 18 (Outside Workers), 486 (Inside Workers) and 771 (Fire). Question being taken, the motion was carried. 14. Construction At Mark Drive Read a letter from Councillor Fitzpatrick advising that he would like to have an update on the construction at Mark Drive, and asking that this matter be referred to the City Manager for a report to Council. Mr. Groody advised that staff expected the work to be completed on June 22 with the exception of a sidewalk and the final paving of a section of the street at the Loch Lomond Road end where a large Irving Oil water chamber is located, which is expected to be completed later in the year; and also the street in question which was closed will be opened up to traffic some time next week when the base course paving is completed. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. 15. Tender For Roof Replacement On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the tender of Martin Roofing Ltd., in the amount of $28,251 (tax included), be accepted to replace the phase-two portion of the roof on the Rothesay Avenue complex. Question being taken, the motion was carried. 16. Tender For Contract 2001-1 On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contact 2001-1, curb construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $173,934.20, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 88-509 COMMON COUNCIL JUNE 4, 2001 17. Tender For Contract 2001-2 On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2001-2, chipseal 2001, be awarded to Industrial Cold Milling Ltd., at the tendered price of $117,963, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 18. Tender For Contract 2001-3 On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2001-3, asphalt concrete resurfacing 2001 No.1, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $739,691, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 19. Tender For BreathinQ Apparatus On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the tender for the supply of new self-contained breathing apparatus for the Saint John Fire Department, as submitted by Acklands Grainger of Saint John, in the amount of $4,374.31 (plus tax) per unit, for a total cost of $160,974.61 (tax included), be accepted. Question being taken, the motion was carried. 20. Purchase Of Flow Meters On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the report from the City Manager advising of the identification by staff in concert with Crandall Engineering Consultants Ltd., the firm engaged in the Lakewood Avenue pump station 2001 capital project, of the need to purchase four 16-inch flow meters, and the only acceptable unit is the Panametrics Model DF868 2 channel microprocessor-based ultrasonic flow meter for which there is only one source of supply - Veronics Inc. of Minden, Ontario; and recommending that Common Council waive the tender requirement for this "single source" acquisition and authorize staff to proceed to purchase four (only) Panametrics Model 868 ultrasonic flow meters c/w with installation kits, from Veronics Inc., at a total cost of $52,080, plus tax, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 21. Residential Infrastructure ProQram Application #4 On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance funding for application #4 - LSO Enterprises Ltd. for the development of 7 townhouse units in Harbour Lights Terrace, at an estimated amount of $42,000. 88-510 COMMON COUNCIL JUNE 4, 2001 Question being taken, the motion was carried. 22. UnderQround WirinQ - Water Street Consideration was given to a report from the City Manager advising that one item remains to be resolved with regard to the rebuilding of Water Street which was deferred until 2002, that being receipt of a commitment from Saint John Energy to install the necessary infrastructure to allow for underground wiring along the entire length of the street, and staff is reluctant to proceed further until such time as Saint John Energy confirms it will undertake the necessary work; and recommending that the Mayor be authorized to forward the submitted letter to the Chairman of Saint John Energy. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the Mayor be authorized to forward the submitted letter to the Chairman of Saint John Energy seeking its active participation in the redevelopment of the City's waterfront by committing the necessary infrastructure to allow for underground wiring the entire length of Water Street. Question being taken, the motion was carried. 23. City Market Bv-Iaw Amendment Read a report from the City Manager recommending that Council give first and second readings to an amendment to the City Market By-law to allow for the City Market to be open on Sunday, July 1,2001 for Canada Day celebrations, Monday, July 2, 2001 which is a statutory holiday and the Carnival Victory cruise ship will be arriving in Saint John; and Sunday, October 7, 2001 for the arrival of two cruise ships, Grandeur of the Seas and Crown Princess. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law to amend the City Market By-law, with regard to Sunday openings on July 1,2001 and October 7, 2001 and a statutory holiday opening on July 2, 2001, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-law. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law to amend the City Market By-law, with regard to Sunday openings on July 1,2001 and October 7, 2001 and a statutory holiday opening on July 2,2001, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-law. 23A. Provision Of LifeQuard Supervision 2001 On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the Canada Games Aquatic Centre be engaged to provide lifeguard supervision at City beaches in 2001, as outlined in the submitted proposal, at a cost in the amount of $42,600 plus HST. Question being taken, the motion was carried. 88-511 COMMON COUNCIL JUNE 4, 2001 24(a) Minister Of Training and Employment Development (b) Town Of Rothesay - ConQratulatory Letters On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the letters from (a) The Honourable Norman M. McFarlane, Minister of Training and Employment Development; and (b) Mayor William J. Bishop, Town of Rothesay, extending congratulations to the members of Common Council on their election to Council, be received and filed with appreciation. Question being taken, the motion was carried. 25. Ann Gilbert - Mispec Park On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the letter from Ann Gilbert advising that she would like to add her voice along with Natalie Dutchak regarding the maintenance and possible building of a beach house at Mispec Park, and hopes that the City will get started on improvements in the Park, be referred to the City Manager. Question being taken, the motion was carried. 26. O'Leary Entertainment Ltd. - Street Vendor Site Corner Of Princess And Canterbury Streets Read a letter from David G. Ryan of O'Leary Entertainment Ltd. advising that he is a partner in O'Leary's Pub, which has been located in the Ritchie building on Princess Street for over fifteen years, and he and his partner have also purchased Incredible Edibles Cafe located in the building beside O'Leary's at 42 Princess Street, and Council's decision at its May 22, 2001 meeting to establish a street vendor site at the corner of Princess and Canterbury Streets will have a detrimental effect on both these businesses, and a larger effect on the Ritchie building and their ability to establish good tenants within this building; commenting on his concerns in this regard; and offering as alternatives (1) the establishment of a taxi corral area and vendor site on Water Street in the parking lot area which is away from the residential areas of Prince William, through Germain, Streets; (2) if one site is to be reestablished, all previous sites must be reestablished and thereby reducing the crowd numbers which will congregate at only one site; and (3) maintain the previous and sound decision with the removal of the vendor carts from the area completely. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from David G. Ryan of O'Leary Entertainment Ltd. expressing concern about the establishment of a street vendor site at the corner of Princess and Canterbury Streets, be laid on the table. The Mayor advised that the reason for the tabling motion was that a meeting was to be held in the above regard with a report to Council after that. Question being taken, the tabling motion was carried. 88-512 COMMON COUNCIL JUNE 4, 2001 27. Clifford A. & Phyllis J. MacBurnie Re-ZoninQ Of 27-29 Park Avenue On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of Clifford A. and Phyllis J. MacBurnie for the re-zoning of property located at 27-29 Park 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, July 9,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 29. Glen Falls School - FundinQ For PlaVQround On motion of Councillor Chase Seconded by Deputy Mayor White RESOLVED that the letter from the Glen Falls School applying for money from the Land for Public Purposes Fund for a playground project, in an amount equal to that raised by the School of $2,616.50, be referred to the City Manager. Question being taken, the motion was carried. 30. New Brunswick Anti-Poverty Association Police Protection For SinQle Women On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from the New Brunswick Anti-Poverty Association advising of a situation where single women who are living in their own homes and/or apartments are finding that the present policy in effect by the Saint John City Police gives them no assistance and it would hope that Council would support the concept of single women having the right to police protection, be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 31. Scott DarlinQ - Re-ZoninQ 248 DouQlas Avenue On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the application of Scott Darling for the re-zoning of property located at 248 Douglas 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, July 9,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk