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2001-11-05_Minutes 88-729 COMMON COUNCIL NOVEMBER 5, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of November, 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, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Building and Inspection Services; S. Galbraith, Director of Works; D. Logan, Purchasing Agent; C. Campbell, Planner; R. Simonds, Deputy Fire Chief; Police Sergeant R. Kohr; 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 Warren of Saint John Foursquare Gospel Church offered the opening prayer. Mayor McAlary proclaimed November 5 to 11, 2001 as Veterans' Week in the City of Saint John in honour of the achievements and sacrifices of Canadians at home and overseas during wartime and in peacekeeping operations around the world and, keeping in mind the events of September 11, 2001, offered prayers for security and peace in the world and the safekeeping and return of members of the armed forces, and a moment of silence was observed. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that minutes of the meeting of Common Council, held on October 22, 2001, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 219-221 Union Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 219-221 Union Street (NBGIC Numbers 12252 and 55065569), from "B-2" General Business to "B-3" Central Business classification, to permit a licensed lounge, as requested by Flavie's (Jacqueline Levesque), and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter of objection considered at the Committee's October 30, 2001 meeting at which Jacqueline Levesque, the applicant, expressed agreement with staff's recommendation and no other persons attended; and recommending that Common Council re-zone a parcel of land located at 219-221 Union Street, also identified as being NBGIC Numbers 12252 and 55065569, from"B-2" General Business to "B-3" Central Business classification. 88-730 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Ball Seconded by Deputy Mayor White 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 219-221 Union Street (NBGIC Numbers 12252 and 55065569), from "B- 2" General Business to "B-3" Central Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-579 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 219-221 Union Street (NBGIC Numbers 12252 and 55065569), from "B-2" General Business to "B-3" Central Business classification, be read a second time. Question being taken, the motion was carried. (Councillor Court entered the meeting.) Read a second time the by-law entitled, "By-law Number C.P. 100-579 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4(a) Vesting Of "Service Or "Fire" Lane Between WellinQton Street and Rothesay Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed vesting in the City of Saint John the fee simple in the so-called "service lane" or "fire lane" between Wellington Street and Rothesay Avenue, and 4{b) a written objection was received in this regard from Alden MacKnight. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the fee simple in the so- called "service lane" or "fire lane", described as follows, vest in the City of Saint John subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners: All that certain lot, piece and parcel of land situate, lying and being in The City of Saint John in the County of Saint John and Province of New Brunswick being a portion of a fifteen (15') foot wide lane commonly referred to as a "fire lane" shown on the "Plan of Eastmount Situate at St. John, N.B.", dated July 10, 1915 and filed in the Saint John County Registry Office on July 11, 1916 as File 12 No. 51 and more particularly designated - "Fire Lane" Area - 363 sq.m. on a plan titled "Plan of Survey Fire Lane Closure Block 1, Plan of Eastmount, City of Saint John, Saint John County, N.B.", dated August 27,2001 prepared by Kierstead Quigley and Roberts Ltd. per John F. Quigley, NBLS #297, P.Eng. Councillor Desmond advised that he was not prepared to support the motion until one of the principals of the company, to which the property is to be sold and to which property on Wellington Street has been sold, makes an effort to clean up his property on Rothesay Avenue as he could not support making another junkyard on Rothesay Avenue. 88-731 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above matter be laid on the table until the above-mentioned situation is rectified. Question being taken, the tabling motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. Street ClosinQ Bv-Iaw Amendment - Atlantic Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Atlantic Avenue, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law to amend the Street Closing By-law of the City of Saint John, with respect to stopping up and closing of a portion of Atlantic Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the by-law to amend the Street Closing By-law of the City of Saint John, with respect to stopping up and closing of a portion of Atlantic Avenue, be second a first time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. 7. Mavor's Remarks Mayor McAlary proclaimed November 2001 as Diabetes Month in the City of Saint John. 8. Infrastructure Funding Agreement For MillidQeville Wastewater Treatment Plant Read a letter from Mayor McAlary submitting a letter from The Honourable Kim Jardine, Minister of Environment and Local Government, advising that, further to the City's application for assistance under the Canada/New Brunswick Infrastructure Program for the Millidgeville wastewater treatment plant project, the Program will make a financial contribution of 66 2/3 percent of the eligible costs of the project to a maximum of $2,333,332, subject to the terms and conditions as outlined; and requesting a resolution to refer this matter to staff for review and subsequently give authorization for the Mayor and Common Clerk to sign. 88-732 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above matter be referred to the City Manager for review. Question being taken, the motion was carried. 9. First All-Female Municipal Council Read a letter from Councillor Teed noting that, as brought to Council's attention, the Rogersville Chamber of Commerce is conducting an event on November 15 honouring New Brunswick's first all-female municipal council and Canada's largest community governed by an all-female municipal council; and proposing that Council send a letter of congratulations to the Mayor and Councillors of the Village of Rogersville in this regard. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that Council send a letter from Canada's first City of congratulations to the Mayor and Councillors of the Village of Rogersville on their unusual achievement of being New Brunswick's first all female Municipal Council, informing them that it is believed that municipal councils and the municipal form of government in the Canadian social structure are matters of growing concern and interest by all Canadians, and further that the Common Council of Saint John will be pleased to cooperate with them on endeavours that they may initiate for the benefit of the people of New Brunswick, and wishing the Council of the Village of Rogersville the best for the future. Question being taken, the motion was carried with Councillor Desmond voting "nay". 10. Mavor's Committee On HiQher Education Consideration was given to a letter from Councillor Teed advising that he learned recently that there was a Mayor's committee on higher education which, apparently, was only authorized or constituted by the Mayor as a check of the Council records does not disclose it was ever established by Council, and submitting a copy of a newspaper article in this regard. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that Council request the Mayor to inform Council of the membership of her committee, its terms of reference and mandate so Council can consider if such a committee should be constituted as a committee appointed by Councilor as a separate Council committee. The Mayor, in noting that the newspaper article submitted by Councillor Teed referred to the Mayors', not the Mayor's, Committee on Higher Education chaired by Peter Jollymore, advised that the Committee was under Enterprise Saint John and involved the four municipalities, and the City of Saint John does not have a task force or committee on higher education. Councillor Teed thanked the Mayor for her explanation, and suggested that the City should have such a committee and that this matter could be referred to the Nominating Committee or he could come back to Council with another proposal. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the above matter be referred to the City Manager. 88-733 COMMON COUNCIL NOVEMBER 5, 2001 Councillor Trites advised that the reason for proposing the referral motion was so that the City Manager could assign a staff member to find out what different groups are in place. Question being taken, the referral motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 11. CarinQ Community Contacts On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that letter from Councillor Teed advising of a pilot program in eastern Charlotte County, known as Caring Community Contacts, apparently being funded for a year by Health Canada's rural and remote health care initiative and involving volunteers looking out for the wellbeing of area seniors, the concept being that, if seniors are living alone, they may need someone to check as to their welfare and needs periodically, be referred to the Seniors' Advisory Committee for consideration and recommendation. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting.) 12. Attendance At Canadian Conference Read a letter from Councillor Trites asking approval to attend the Canadian Conference of the International Foundation of Employee Benefit Plans. On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that approval be granted for Councillor Trites and Councillor Titus to attend the Canadian Conference of the International Foundation of Employee Benefit Plans for a period of ten days. At Councillor Trites' request, the mover and seconder of the motion to approve his attendance included the ten-day period and Councillor Titus who, along with him, are Trustees of the City of Saint John Pension Plan. Question being taken, the motion was carried. 13. Policv On City Emplovees RelatinQ Information Publiclv On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that with regard to the letter from Councillor Teed referring to an October 30 newspaper article on City staff's survey and inventory of City streets which found that over half of the streets had a poor rating and were badly in need of repair on the basis that, while staff was to be commended for making such a survey, it seemed incongruous that Council would not have been informed of it before the news media informed the public, the City Manager be requested to report to Council on what the present policy is as to providing public information on actions and findings of City employees in relation to matters which can be within the purview of Council either as to policy or budget considerations. During discussion the Mayor, noting that this issue came up a few months ago, expressed the understanding that the City Manager and Commissioners could make public statements on what is happening in their respective departments and that sometimes it was necessary for them to go public on something before Council was informed, and also noted that the presentation of the report on streets and sidewalks was to have been made at this meeting but was not quite ready. (Councillor Chase re-entered the meeting.) 88-734 COMMON COUNCIL NOVEMBER 5, 2001 Question being taken, the motion was lost with a majority of the Council members present voting "nay". 14. Supplv Of Electrical Power On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that with regard to the letter from Councillor Teed regarding wind power as a feasible means of environmental- producing power, as indicated in a white paper on the New Brunswick Energy Policy, and the use of wind power in many areas of the world as a major source of electricity, including Denmark and Scotland and submitting a copy of a resolution adopted by the New Brunswick Senior Citizens' Federation at its 2001 annual meeting, the City approve the concept of endeavouring to have electrical power supplied by wind wherever feasible and the Saint John Power Commission be asked to investigate the feasibility and practicability of having wind power electrical production development in the Saint John area. Councillor Titus, Chairman of the Power Commission of the City of Saint John, advised that he would not support the motion on the basis that the Commission was already looking into this issue but it appeared to be too cost prohibitive at this time, and Councillor Trites commented on the basis of the topic of wind power generation of electricity having been adequately looked after in the resolution put forward at the Cities of New Brunswick Association and better able to be handled by NB Power than by Saint John Energy. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 15. Tender For Plow Blades On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for plow blades and edges, for a period of one year from this date, be awarded in its entirety to one vendor, LSW Wear Parts Ltd., Queens County, N.B., as per the prices quoted and illustrated in the submitted bid summary. Question being taken, the motion was carried. 16. Tender For HiQhwav Salt On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Cargill Salt, in the amount of $45.27 per tonne, taxes extra, be accepted for the supply of highway salt for the 2001/02 winter season. Question being taken, the motion was carried. 17. Provinciallv DesiQnated HiQhwavs Five-Year Plan Read a report from the City Manager responding to the Province's October 1, 2001 request to Council for the City's five-year priorities for improvements to Provincially designated highways. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the submitted Provincially Designated Highway five-year Capital Improvement Program, for the years 2002-2006, be adopted by Council and submitted to the Director of Design, Department of Transportation. 88-735 COMMON COUNCIL NOVEMBER 5, 2001 Question being taken, the motion was carried. 6. Environment Committee - Environmentallv Sensitive Areas Terry Gray, Chairman of the City of Saint John Environment Committee, was present at the meeting to present the next in a series of draft policy documents regarding Part Three of the Municipal Plan, this presentation being on environmentally sensitive areas (ESAs), defined as areas encompassing anything from pristine habitat to bird nesting sites, to rare plant sites and unique geographical features, such areas contributing to the biodiversity of the area and may contain rare species, uncommon habitat or other features of scientific interest; and noted the inclusion of some environmentally sensitive areas in the Open Space designation in Part Two of the Land Use Plan, many of which are also covered in other sections such as unstable slopes, flood plains and watersheds, with the content covered in environmentally sensitive areas being that which is not previously covered - wetlands and environmentally significant areas, the former including marshes, swamps, bogs and shallow lakes providing wildlife habitat, pollution control, water filtration, storm water buffering and being aesthetically pleasing, the latter being places distinctive because (a) they contain rare species of animals or plants or a rich diversity of species representative of an ecological zone, (b) their disturbance would have serious ecological consequences, or (c) they contain geological or other features of specific scientific interest. Mr. Gray recommended the following objectives: (a) to ensure the protection, conservation and maintenance of ESAs, (b) to ensure compatible land uses and development in ESAs, (c) to promote public awareness and enhance public interest in ESAs where applicable, (d) to encourage the conservation and managed use of the natural areas (open space, shorelines and ESAs) within the City, and (e) to recognize the environmental sensitivity these areas possess and ensure that any new land use activity or development on, or adjacent to, those areas, accommodates such sensitivity in its design; and addressed the proposed policies for environmentally sensitive areas, as well as a proposed stewardship plan whereby people who live on land and own it in such areas would be willing to put their land in trust. Mr. Gray, in summarizing the presentation, proposed that the City (1) consider environmentally sensitive areas as restricted development areas, (2) ensure the protection of all ESAs, (3) permit in ESAs only those land uses which are compatible, (4) ensure that ESAs become part of the urban open space network, (5) improve accessibility to ESAs where appropriate, (6) facilitate scientific research and new ESAs, (7) minimize through the development process any potential adverse impacts on ESAs, (8) ensure the conservation of ESAs through various means, and (9) conduct studies to review validity and development potential. Mr. Gray acknowledged the assistance of Deanna Prest of the Provincial Department of the Environment, who was present at this meeting, in preparing the report presented. The Mayor thanked Mr. Gray for his presentation and the members of the Environment Committee for their efforts on behalf of the City. 18. RefurbishinQ Point Lepreau GeneratinQ Station Consideration was given to a report from the City Manager advising, further to NB Power's October 22, 2001 presentation to Council on the refurbishing of the Point Lepreau Generating Station, of staff's conclusion that it would be in Saint John's interests to support the refurbishing of the plant for the following reasons: (1) much of the required $750 million investment would have direct spin-offs in the local economy, (2) the anticipated peak workforce of 300 would create a significant multiplier effect within the local economy, (3) experience has been that such mega projects create upward pressure of the market values of residential properties and thereby on assessments, and the end result is additional revenues to the Municipality, (4) a decision not to proceed would mean that the reduced capacity would no doubt result in a significant reduction in the current workforce of the 700 currently employed at the Station, (5) a decision not to proceed would have to be generated by some other means, possibly one with far more consequence to the environment, and (6) a decision not to proceed will mean a higher cost alternative must be found and, inevitably, these higher costs will be reflected in higher power costs borne by all residents of the Province. 88-736 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the Mayor be authorized to write to the appropriate officials on behalf of the Common Council of the City of Saint John expressing Council's support for the refurbishing of the Point Lepreau Generating Station. Question being taken, the motion was carried. 19. Request Of The Council Of Canadians For Council Resolution Re GATS AQreement Read a report from the City Manager submitting a resolution for Council's consideration in response to the October 22, 2001 presentation by the Saint John Chapter of The Council of Canadians for Council to adopt a resolution regarding concerns related to the GATS agreement, staff having been directed to review this request in light of the position recently taken by the Federation of Canadian Municipalities. On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council adopt the following resolution and forward same to both FCM and the appropriate Government official: WHEREAS Article 1 of the GATS Agreement includes local governments under the scope of the Agreement, which contrasts with the provisions of the NAFTA Agreement which explicitly exclude local governments from coverage; AND WHEREAS the Federal Government is currently formulating its negotiating strategy for making commitments in certain economic sectors under the GATS Agreement which could affect local governments' jurisdiction in decision-making with respect to its services and which could result in significant administrative burdens and costs; AND WHEREAS the Federal Government has also been discussing including sub-national governments, including provincial and local governments, under the provisions of the Agreement on Government Procurement: THEREFORE BE IT RESOLVED that the City of Saint John along with the FCM: 1. Urge the Federal Government to consult with all Canadians, and especially local government jurisdictions, much more widely and comprehensively than it has in the past, and to do so much earlier in the process prior to contemplating any Canadian negotiating positions with respect to international trade agreements of all kinds; 2. While recognizing that trade can have beneficial impacts on local economies, recommend strongly to the Federal Government that it bring forward a proposal to the WTO to exclude "local governments and authorities" from the definition of a "measure" under Article 1 of the GATS Agreement, and further that Canada work actively to seek support for this amendment from the other WTO members; 3. Request the Federal Government to not include sub-national governments in Canada under the requirements of the Agreement on Government Procurement; 4. Request FCM to continue to dedicate staff to participate in and closely monitor WTO discussions and the activities of the Federal Government in this regard, and also to alert Canadian local governments of any potential encroachments on their jurisdiction and authority resulting from trade agreements. At Councillor Trites' suggestion of an amendment to the resolution, which was seconded by Councillor Desmond, to include the words "participate in" after the word "staff", the mover and seconder of the motion agreed to include those words in the 88-737 COMMON COUNCIL NOVEMBER 5, 2001 resolution, and it was suggested that a copy of the resolution should be forwarded to the Saint John Chapter of The Council of Canadians, the presenter to Council in this regard. Question being taken, the motion was carried. 20. Traffic Bv-Iaw Amendment - Brunswick Place ParkinQ Consideration was given to a report from the City Manager proposing an amendment to the Traffic By-law with regard to parking at Brunswick Place, further to a request from the Saint John Police Force to provide no parking between 9:00 a.m. and 4 p.m.; and recommending the proposed amendment be given first and second readings and referred to the Legal Department for appropriate action. The Mayor advised that the City Solicitor indicated that Council could proceed with first and second readings provided that the Common Clerk read the by-law by title in each case. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the by-law to amend the Traffic By-law of the City of Saint John, with regard to parking at Brunswick Place, be read a first time. (Councillor Fitzpatrick withdrew from the meeting.) In response to Councillor Desmond's query on the reason for restricting parking on both sides of Broadview Avenue to Vulcan Street on which there would be little traffic, Mr. Groody advised that only one change was being recommended to the Traffic By-law, that being relative to Brunswick Place, and the other two were simply housekeeping, on the advice of the City Solicitor's Office, as a new schedule was developed for this type of restriction and the other streets were in another schedule and simply being placed in the more appropriate schedule for limited parking restrictions. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law to amend the Traffic By-law of the City of Saint John, with regard to parking at Brunswick Place, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 21. Amending Agreement - Connectionl Disconnection AQreement. IrvinQ Oil Limited Consideration was given to a report from the City Manager submitting a proposed amending agreement to the connection/disconnection agreement with Irving Oil Limited in the matter of backflow prevention and water metering on the new pipeline being installed into the Refinery from the City's transmission mains on Loch Lomond Road, Council having approved the connection/disconnection agreement for this work at its October 1, 2001 meeting. 88-738 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John enter into the submitted amending agreement between the City of Saint John and Irving Oil Limited on the matter of backflow prevention and water metering on the new pipeline being installed into the Refinery, and the Mayor and Common Clerk be authorized to execute the document. Question being taken, the motion was carried. 22. March 30. 2001 Arts Summit On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from the City Manager submitting the Summary Report from the City of Saint John's first Arts Summit and Visioning Session held on March 30, 2001, the two main issues that surfaced from it being the need to unite the arts and cultural community in Greater Saint John and establish a common voice through the formation of a "super" arts and cultural board that would serve Saint John and surrounding areas, and the strong need for a central arts and cultural facility that would serve all constituents of the arts, be received and filed. Councillor Ball expressed the view that the above report was far too important to only receive and file as it was important for the future of arts in Saint John as well as for the future of economic development in the City, and advised that he would like to have the matter tabled for two or three weeks so that a formal presentation could be made by members of staff and citizens of the City on proper recommendations for its implementation. On motion of Councilor Ball Seconded by Councillor Chase RESOLVED that the above matter be laid on the table for two or three weeks. (Councillor Fitzpatrick re-entered the meeting.) The initial motion proposed by Councilor Ball and seconded by Councillor Chase was to table the matter for two or three weeks so that a formal presentation could be made by members of staff and citizens of the City on proper recommendations for its implementation. The Mayor advised that she assumed Mr. Butler and the City's Cultural Affairs Officer Bernard Cormier would make the presentation, and added that there could be no discussion on a tabling motion. In the latter regard, Councillor Teed expressed the view that the issue of tabling could be addressed, and Councillor Titus suggested that there should be two separate motions in that the City Manager's recommendation in the above report, which was signed also by Messrs. Butler and Cormier, was to receive and file the report. The Mayor noted the original motion to receive and file the report, whereupon Councillor Ball indicated that he would go back to the tabling motion only if that was all that was necessary for the moment but he also wanted to make a second motion if possible. Question being taken, the tabling motion was carried with Councillors Court, Desmond, Fitzgerald, Teed and Titus voting "nay". 23. Easement For Encroachment - 201 Hawthorne Avenue Read a letter from the City Manager submitting correspondence from the Legal Department advising of a request from Brian Mosher, solicitor, for a grant of easement to permit the encroachment of the building located at 201 Hawthorne Avenue upon Hawthorne Avenue, and advising that it would be appropriate for Council to adopt the resolution as set out. 88-739 COMMON COUNCIL NOVEMBER 5, 2001 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized in consideration of the sum of one dollar ($1.00) to execute a grant of easement in favour of the owner of 201 Hawthorne Avenue to permit the encroachment of his building at 201 Hawthorne Avenue upon Hawthorne Avenue, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 24. Easement For Encroachment - 1281 Rothesay Road Read a letter from the City Manager submitting correspondence from the Legal Department advising of a request from John G. Riley, solicitor, for a grant of easement to permit the encroachment of the building located at 1281 Rothesay Road upon Rothesay Road, and advising that it would be appropriate for Council to adopt the resolution as set out. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized in consideration of the sum of one dollar ($1.00) to execute a grant of easement in favour of the owner of 1281 Rothesay Road to permit the encroachment of his building at 1281 Rothesay Road upon Rothesay Road, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 25. Planning Advisory Committee Subdivision - 1045 Rothesay Road On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative plan of 1045 Rothesay Road, entitled "D. Hatfield Ltd. Sub'd., City of Saint John, Saint John County, N.B.", prepared by Kierstead, Quigley & Roberts Ltd. and dated July 5,2001, with respect to any required municipal services easements or public utility easements. Question being taken, the motion was carried. 26. Saint John Board Of Police Commissioners Request To Present 2002 Police Force BudQet On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Police Commissioners requesting to present the approved 2002 Saint John Police Force Budget to Common Council at the public meeting of November 19, 2001 or the soonest opportunity thereafter, be received and the Board of Police Commissioners be invited to present the budget at the November 13, 2001 Council meeting, if possible. The Mayor asked that the Board be asked to make its presentation on November 13, 2001, rather than November 19, if possible. Question being taken, the motion was carried. 88-740 COMMON COUNCIL NOVEMBER 5, 2001 27. Elsie E. Wayne. MP - TwinninQ. Cernavoda. Romania On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Elsie E. Wayne, MP, advising that the Mayor of Cernavoda, Romania, where she visited several years ago, stated that he would like to twin with Saint John, New Brunswick, and that she has been asked by the House Leader of the Liberal Party of Canada to see if she could make arrangements to make this happen; and also advising that she would like an opportunity to meet with the Mayor and Council to discuss this matter, be received and the Mayor be asked to discuss this matter with Mrs. Wayne. Question being taken, the motion was carried. 28. Loch Lomond Little League FundinQ For Baseball Field Project On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Loch Lomond Little League applying for monies from the Land for Public Purposes Trust Fund for a project in the Loch Lomond area involving the Little League baseball fields at the Loch Lomond Community Centre and the one at the Saint John Airport, totalling three in number, which are all in need of major repair, be referred to the City Manager. Question being taken, the motion was carried. 29. South Central Citizens Council RecyclinQ Project Proposal On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from Joan LeGassie of the South Central Citizens Council submitting a copy of her letter to 1.D.L. Group requesting consideration of a recycling program to rid the streets of Tim Horton throwaway products, and asking Council to show support for this project with a letter and ideas to help get it started, be received and the Mayor be requested to write a letter on behalf of Council to some of the groups mentioned in Mrs. LeGassie's correspondence to see if there is any way they can work together with the community on the project. Question being taken, the motion was carried. 30. The Nature Trust Of New Brunswick. Inc. - Partnership On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Jamie Simpson, Conservation Outreach Coordinator with The Nature Trust of New Brunswick, Inc., advising of the possibilities of partnership with the Trust to manage environmentally significant municipal-owned lands, be referred to the Environment Committee. Question being taken, the motion was carried. 31. Stephen R. Cronk - Street Conditions Saint John East On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Stephen R. Cronk requesting permission to appear before Council to express his concerns regarding street conditions in East Saint John, including Mark Drive, be received and Mr. Cronk be requested to submit his concerns in writing to Council for referral to the City Manager for budget consideration. 88-741 COMMON COUNCIL NOVEMBER 5, 2001 Question being taken, the motion was carried. 32. John P. Barry - Watershed Setback On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the letter from John P. Barry, Q.C., referring to the Province's proclamation on November 1,2001 of the regulation implementing the watershed protection program throughout the Province setting additional standards respecting Provincial watersheds and the exception from this program of four watersheds in southern New Brunswick, including the City of Saint John's primary drinking water source, the Loch Lomond watershed, and the Musquash watershed, allowing recreational activities to continue on those bodies of water; and suggesting that Council consider appointing an ad hoc citizens committee to investigate and develop the scientific positions necessary to convince the Provincial Government of the fallacy in granting these exceptions, with the City's Manager of Water and Sewerage, Peter Hanlon, serving as a resource person, be referred to the Nominating Committee. Question being taken, the motion was carried. Adjournment The meeting adjourned. Common Clerk