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2001-12-10_Minutes 88-782 COMMON COUNCIL DECEMBER 10, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of December, A.D. 2001, at 7:30 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, G. Tait, Fire Chief; R. Simonds, Deputy 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 offered the opening prayer. The Mayor, in apologizing for the meeting starting late, advised her intention to change the order of the agenda items. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on December 3, 2001, be approved. Question being taken, the motion was carried. 14. Update On FundraisinQ For Forest Hills Plavpark Consideration was given to a report from the City Manager updating Council on the status of fundraising efforts for the inclusive playpark in Forest Hills, Council having by resolution of March 5, 2001 supported its development and approved up to $100,000 in matching funds from the Land for Public Purposes Trust Fund to be used for the development estimated to cost $230,000 - $300,000; advising the results of seeking suppliers' quotes for the materials, play equipment and installation; and setting out a recommendation in this regard. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council (1) approve that the recreation equipment for the Forest Glen UCT playpark be purchased from Little Tikes Commercial Play Systems at the quoted amount of $97,542.45, HST inclusive; (2) approve that the recreation equipment for the Forest Glen UCT playpark be installed by Little Tikes Commercial Play Systems at the quoted amount of $27,485, HST included; and (3) approve that the supply and installation of the resilient protective surface for the Forest Glen UCT playpark be awarded to Everplay International Inc. at the quoted amount of $73,924.88, HST inclusive. Question being taken, the motion was carried. 15. Land For Public Purposes Trust Fund Applications Read a report from the City Manager submitting the Guidelines for Evaluations of Requests for Contributions from the Land for Public Purposes Trust Fund adopted by Council on August 20, 2001 as part of the policy for use of the Fund monies, 88-783 COMMON COUNCIL DECEMBER 10, 2001 and setting out recommendations in response to the requests for funding received by Council by the October 31,2001 deadline, with the exception of the request from Denis Morris Community Centre Incorp. that staff was reviewing and on which a separate report would follow; and advising that, in addition, staff was continuing to work with representatives of the Monte Cristo Park Subdivision, evaluating their application upon the Guidelines in place when the application was received, which was prior to Council revising them. A motion was proposed by Councillor Court and seconded by Deputy Mayor White to adopt the City Manager's above recommendation with regard to the requests for funding of the Havelock Elementary Home & School Association, the Simonds High School and the Glen Falls School; and the Mayor agreed to Councillor Fitzgerald's request to deal with the three requests on a separate basis. On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that Council approve funding from the Land for Public Purposes Trust Fund in the amount of 50% of the requested amount, being $23,000, for the Havelock Elementary Home & School Association for playground development at Havelock School, conditional upon: (a) the City of Saint John receiving a certificate from the Superintendent of School District 8 stating that the playground at Havelock School shall be open for the recreational use and enjoyment of the general public, and (b) a letter be provided to the Commissioner of Community Services from the equipment supplier stating the equipment and installation fully meetings CSA standards. Councillor Fitzgerald proposed the above motion on the basis that, while the City Manager's recommendation included the approval of funding from the Land for Public Purposes Trust Fund of up to $5,000 for the Havelock Elementary Home & School Association for playground development at Havelock School; the Association operated in two phases in initiating the playground program, the first for which it raised $30,000 with no input from the City, the second phase involving $46,000 requiring 50% from the City which is $23,000, and the application was sent in to the City a day after the policy was changed somewhat, thus in his opinion the Association deserved $23,000. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council approve funding from the Land for Public Purposes Trust Fund for the redevelopment of the Simonds High School multi-purpose field in the amount of $8,000, such funding to be conditional upon the City of Saint John receiving a certificate from the Superintendent of School District 8 stating that the multi-purpose field at Simonds High School shall be open for the recreational use and enjoyment of the general public. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council deny the funding request from Glen Falls School for the development of a landscape plan but advise that the City of Saint John will continue to discuss the possibility of redeveloping the multi-purpose field. Question being taken, the motion was carried. 16. Clarification Of Street Name - Samuel Davis Drive Consideration was given to a report from the City Manager clarifying that, further to Common Council resolution of December 3, 2001 amending the list of Official Street names by adding the name Samuel Oavis Orive, Samuel Davis Drive would begin at the intersection of Churchill Boulevard with Somerset Street and continue from this intersection to Sandy Point Road. 88-784 COMMON COUNCIL DECEMBER 10, 2001 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council name the road between Churchill Boulevard, where it intersects with Somerset Street, and Sandy Point Road, Samuel Davis Drive. Question being taken, the motion was carried. 17. Residential Infrastructure Assistance Application #10 - Ellerdale Investments Development At Fountains Of WestQate On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance application #10 - Ellerdale Investments Ltd. for the development of 21 one and two family units and 40 townhouses in Fountains of Westgate at an estimated 2001 expenditure of $126,000. Question being taken, the motion was carried. * Added Item On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the City Manager's recommendation regarding the property at 217 Victoria Street, which was considered in Committee of the Whole earlier this date under item 31, be added to the agenda of this meeting as item 17 A. Question being taken, the motion was carried. *17 A. Property At 217 Victoria Street On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) the City of Saint John acquire the fee simple absolute interest in 217 Victoria Street (PID Number 375956), as generally shown on the submitted plan, from Leonard Chamberlain for $1; (2) the City shall prepare any plan of any survey required for conveyances purposes; (3) the City shall pay up to $350 for any mortgage discharge from the Bank of Nova Scotia in relation to this acquisition; (4) the City shall administer and pay for all legal requirements related to this acquisition; and (5) upon acquisition and demolition of 217 Victoria Street, PID Number 375956 be deemed surplus to the needs of the City of Saint John and Common Council authorize the advertising for the purpose of soliciting bids for the sale of the subject property. Question being taken, the motion was carried. 18. YM-YWCA Request For Funding From J. D. O'Connell Trust Consideration was given to a report from the City Solicitor advising that, further to Council's receipt at its December 3, 2001 meeting of the YM- YWCA's request for a grant from the O'Connell Trust Fund to be used to support camping and outdoor education opportunities for children who, because of lack of funds, would be otherwise unable to participate, the income from the Trust Fund, under its terms, was to be distributed annually at Christmas to the children being cared for in orphanages in the City of Saint John; referring to Common Council resolution of November 13, 2001 authorizing an application to the Court of Queen's Bench seeking to vary the terms of the Trust, which was made in the context of Council having recently established the P.R.O. Kids Program in that, if the terms of the Trust are varied as being sought, then Council could consider supporting P.R.O. Kids, the YM-YWCA or other organizations which would come within the terms in question; and concluding that it is hoped proceedings 88-785 COMMON COUNCIL DECEMBER 10, 2001 would commence to vary the Trust later this month, with the expectation being that the application would be disposed of by the Court in time to consider support of summer- time activities for young people during the summer of 2002. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 19. Zoning By-law Amendment To Re-Zone 535 Westmorland Road On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a portion of a parcel of land located at 535 Westmorland Road (Westmorland Place), having an area of approximately 7,875 square metres (84,768 square feet), (being NBGIC Number 426668), from "SC" Shopping Centre to "SC-2" Shopping Centre classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a portion of a parcel of land located at 535 Westmorland Road (Westmorland Place), having an area of approximately 7,875 square metres (84,768 square feet), (being NBGIC Number 426668), from "SC" Shopping Centre to "SC-2" Shopping Centre classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint John". 20. Street ClosinQ Bv-Iaw Amendment - Gaelic Drive On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", with respect to stopping up and closing permanently the following portion of highway: GAELIC DRIVE: ALL that certain portion of Gaelic Drive, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick and more particularly designated "Portion of Gaelic Drive a public street 404 m2" on a plan of survey titled "Plan of Survey Showing a portion of Gaelic Drive, City of Saint John, Saint John County, New Brunswick" dated August 23, 2001, surveyed by John E. Calvin, New Brunswick Land Surveyor, be read. Question being taken, the motion was carried. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", was read in its entirety. 88-786 COMMON COUNCIL DECEMBER 10, 2001 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", be read a third time and enacted and the Common Corporate Seal be affixed thereto. Question being taken, the motion was carried. Read a third 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". 21. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, December 3, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the appropriate legal notice be given J. D. Irving, Limited to quit and deliver up vacant possession of the demised lands known as PID 408112,670 Green Head Road (as generally described in the lease with Randolph & Baker Limited as Lots 4 & 5), not later than 11:49 p.m. local time April 30,2002, and the Mayor and Common Clerk be authorized to execute the notice to quit. 2. That as recommended by the City Manager, the City of Saint John enter into an agreement with the Province of New Brunswick to provide a rental subsidy for the New Brunswick Museum, payable as follows: September 1,1999 - $310,000, September 1,2000 - $310,000, September 1,2001 - September 1,2013 - $192,500 annually, payable September 1 each year, less any amounts previously paid by the City or withheld by the Province of New Brunswick, and the Mayor and Common Clerk be authorized to execute the agreement. December 10, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Termination Of Lease For Lots 4 & 5. Randolph On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 21.2. Rental Subsidy - N.B. Museum At Market Square On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 88-787 COMMON COUNCIL DECEMBER 10, 2001 3(a) Saint John Board Of Police Commissioners (b) Saint John Police Protective Association, Local No. 61. CUPE - Proposed 2002 Police Force BudQet Consideration was given to (a) a letter from Edward W. Keyes, Chairman of the Saint John Board of Police Commissioners, requesting to appear at this meeting with respect to the proposed Police Force budget for the year 2002, the Board having directed him to also request that Council hear from the Executive of the Saint John Policemen's Protective Association Local 61 at the same meeting to allow the members to express their perspective on the proposed budget reduction and concerns about safety as brought to the Board on December 4; and (b) a letter from Saint John Police Protective Association, Local No. 61, CUPE, requesting to appear with respect to the proposed cuts to the Police budget and to present new information for Council's consideration. Commission Chairman Edward Keyes noted the presence at the meeting of other Commission members, Chief Cogswell and his senior management staff, Cpl. Kim Phillips, President of Local No. 61 and his Executive, CUPE representative Bob Davidson, members of the Saint John Police Force, and President of the New Brunswick Police Association Ted Doncaster, as well as the Board's presentations to Council with respect to the 2002 operational budget, the first in open session of Council on November 13 outlining the 2002 budget request and informing Council about the services delivered by the Police Force to the community, the second being in Committee of the Whole on November 26, 2001 outlining the Board's concerns with respect to the proposed budget reduction of $1.3 million over the next three years and informing Council how the Police Force would attempt to meet the funding level cap in terms of how many police officer positions would have to be eliminated over the three-year period and the consequences and risks to the community and the Police Force if those positions were forever eliminated, the bottom line being the elimination of people, programs and services and a significant reduction and degradation of the police service. Mr. Keyes advised that the purpose of this presentation was to plead to Council to maintain and fund the existing level of policing services to the community, speaking to the Board's responsibility and accountability for policing services and for ensuring adequate policing in the City of Saint John and the importance of the Board being provided with the necessary funding to deliver what it has determined to be the necessary funding to meet the requirements for an adequate police service for the community based on facts and the Board's experience over the last several years as the employer of the Saint John Police Force in terms of public expectations, calls for service, reported incidents and crime, victim needs, crime prevention, law enforcement, public order, emergency response, prime trends, comparable costing, consultations, public surveys and other data, including input from stakeholders in the community. Mr. Keyes, in thanking Council for approving the request for the Saint John Police Protective Association to appear before Council, advised Council of the Board of Police Commissioners' support of the Saint John Police Protective Association's position. Chief Cogswell commented on Local No. 61 's contribution towards improving the effectiveness and efficiency of policing services over the last few years, and advised that, in his estimation, the proposed funding reduction, which would result in the elimination of twenty-one police officers thereby resulting in the elimination of programs and services, was unacceptable, and he could not and would not recommend a cut to the Police budget. Cpl. Kim Phillips, reading from a prepared brief (copies of which were distributed to Council members at this time), apprised Council of the increase in calls for police protection service from five years ago, as well as of legislated policing standards requiring additional resources, such as a special emergency tactical unit to fight organized crime, while the number of police officers in Saint John has decreased from 197 to 174 over the years and the public expectation being that the Police Force will have the resources to continue to be a preventative and proactive one; and expressed the view that, with a reduction in the Police Force budget causing the reduction of twenty-one police officers through attrition, the Force would not be able to provide adequate police protection to the citizens of Saint John. Cpl. Phillips spoke to the legislative authority and responsibility of the Saint John Board of Police Commissioners in determining the budget required to provide and maintain an adequate police force within Saint John, Local No. 61 's view being that it was clearly not the legislative role of the City Manager and Common Council to deny the necessary money to enable the Police Board to do so; and suggested the need for the Council, the Police Commission, Police management, the Police Union Local 61, the N.B. Police Association and the Canadian Police Commission to join together and go united to Ottawa and Fredericton to secure additional funding for police protection for the citizens. Cpl. Phillips referenced a Saint John Police Survey carried out by Corporate Research Associates Inc. (copies of 88-788 COMMON COUNCIL DECEMBER 10, 2001 which were distributed to Council members during his presentation) indicating support for a two cent increase in the municipal tax rate to maintain the current level of police service in Saint John, and proposed a review of the special water deals for the Irving Refinery and Irving Pulp and Paper Mill which result in reduced payments to the City; and appealed to Council to not lower Police protection in the City but to move forward united as one to acquire additional funding from the Federal and Provincial Governments for more policing in Saint John, not less. During discussion Mr. Keyes responded to questions on the impact of eliminating specific positions, and Mr. Nugent, replying to a question as to whether or not it was Council's responsibility to produce the funding necessary to meet what the Board of Police Commissioners has determined as adequate, advised that, while the Police Act speaks of adequate police service and adequate police force, the Act does not define what constitutes adequate nor does it say definitively who has the authority to determine what constitutes adequacy in those respects; however, he did not believe that the authority solely rested with the Police Commission to make that determination and, clearly in his view, the Legislature did not, by the Police Act, place any municipality in the Province which has a police commission in the position where it must find, regardless of its resources, the capacity to pay a police service of style or of an extent that a police commission might believe is appropriate, but rather that he believed the intention of the Legislature was to have Council decide whether or not the resources it has, in light of the circumstances of the community, could support what the Commission believed was adequate, after going through the sort of exercise that Council was now going through where questions of the nature being posed were critical to Council making that decision; thus, he believed that the requirement placed by the Police Act on the Municipality was to through precisely the exercise Council was now going through, which was to hear from the Police Commission the potential effects of operating with a budget of an amount Council proposed to it and, then having heard the consequences, Council having to decide whether or not in the scheme of all the services Council wished to provide to the citizens, it was something Council could support. With regard to the employment of the members of Saint John Police Force, Mr. Nugent advised that, for the purpose of labour relations, they were employees of the Board of Police Commissioners although, as police officers have an allegiance to the law, they were not employees in the sense of, for example, being an employee of the City or the Province, but rather that the Board of Police Commissioners has the responsibility, by virtue of Provincial legislation, to establish the policies of the Police Force and, in conjunction with the Chief of Police, determine the objectives and priorities of the Police Force and, while that would impact upon the operations of the Police Force and the activities of the individual police officers, it did not allow the Commission to tell an individual police officer what to do in a particular incident. As to whether or not Council could be challenged if what it determined to be adequate differed from what the Board of Police Commissioners determined to be adequate, Mr. Nugent indicated in the affirmative, the challenge having to be on the basis that the Municipality was not fulfilling its obligations under the Police Act, but what would happen in a case like that was that there would have to be an assessment of whether or not the Municipality, in making the decision, had the facts that were relevant, which was precisely why Council was going through the exercise of hearing from the people who have the experience and expertise to tell Council what the potential effects would be and whether or not Council made a reasonable decision in good faith. 22. Saint John Transit Commission - Bus Purchase On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the letter from the Saint John Transit Commission advising that, as its infrastructure application for new buses was unsuccessful, it has entered into an agreement to purchase two used, rebuilt buses to utilize its 2001 capital grant, with expected delivery in the spring of 2002, be received and filed. Question being taken, the motion was carried. 88-789 COMMON COUNCIL DECEMBER 10, 2001 23. Aitken Bicentennial Exhibition Centre Inc. Closure Of ABEC And Diposal Of Assets On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from A. David Case, Chairman of Aitken Bicentennial Exhibition Centre Inc., advising that, with the recent decision by the Regional Facilities Commission to eliminate all funding for ABEC, ABEC will run out of funding by December 31,2001 and, accordingly, the Board must make plans to pay appropriate severance, meet its other current financial obligations to creditors and transfer its assets into safekeeping; asking to be advised as soon as possible the City's view as to what disposition should be made of its assets; and, in expressing regret that ABEC must close its doors, asking for assistance in winding down the affairs of ABEC in an orderly and responsible fashion, be referred to the City Manager and the Regional Facilities Commission. The first motion proposed by Councillor Desmond and seconded by Councillor Teed was to receive and file the above letter, whereupon the Mayor requested the above motion. Question being taken, the motion was carried. 24. Saint John Development Corporation I Saint John Waterfront Development Partnership - Summary Of Feedback From Public Input & Consultation Session On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from John D. Wallace, President of the Saint John Waterfront Development Partnership, and William 1. Grant, Chairman of the Saint John Development Corporation, submitting a summary of the written feedback resulting from the Harbourfront Greenway Public Input & Consultation Session held on October 25, 2001, be received and filed. Question being taken, the motion was carried. 25. Marjorie Denton - Development Behind Oakland Street On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Marjorie Denton expressing her opposition to any further development of the business owned by Mr. Northrup behind her home at 3 Oakland Street, be referred to the City Manager. Question being taken, the motion was carried. 26. Paul Folkins - Re-ZoninQ Of 1433 Loch Lomond Road On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the application of Paul Folkins for the re-zoning of property located at 1433 Loch Lomond Road 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, January 21,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-790 COMMON COUNCIL DECEMBER 10, 2001 27 (a) Friends Of St. Joseph's; (b) Ann Gilbert FundinQ For Fire & Police Services On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the letters from (a) J. Esmonde Barry, Past President of Friends of St. Joseph's, expressing appreciation for Council's dilemma in bringing down this year's budget, particularly in light of the surprising action of the Provincial Government in freezing assessments on some major industrial enterprises which triggered a substantial shortfall; and advising that, as health care advocates, the Friends of St. Joseph's are committed to the safety, protection and care of all citizens and encourages Council, in the strongest possible terms, to hold in abeyance any reduction of fire and police personnel until such time as every avenue has been explored from raising taxes to searching out additional funding from the Provincial and Federal Governments; and (b) Ann Gilbert expressing concern about the possibility of downsizing police and fire, and suggesting the need to increase the tax rate by two cents, be received and filed. Councillor Court, President of Friends of St. Joseph's, asked to have the above letter from Friends of St. Joseph's read, and the Mayor suggested that the Council members had read the letter. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that Councillor Court be entitled to read the above letter from Friends of St. Joseph's. Question being taken, the motion was carried. Councillor Court read the above-mentioned letter. Question being taken, the original motion was carried. 28. Loyalist City Heritage Festival 2001 Activities & 2002 Festival FundinQ On motion of Councillor Fitzpatrick Seconded by Councillor Teed RESOLVED that the letter from Loyalist City Heritage Festival submitting a copy of a presentation that it would appreciate being allowed to make early in the new year with respect to the 2000 and 2001 Festivals and the projected budget for the Festival of 2002, be deferred until the presentation is made. Question being taken, the motion was carried. 4. Local 771, IAFF, Saint John Fire Fighters' Association Proposed 2002 BudQet And StaffinQ Reductions Consideration was given to a letter from Local 771, IAFF, Saint John Fire Fighters' Association, requesting to do a presentation at this meeting as a result of proposed budget and staffing reductions, it being important during times such as these that all parties are able to meet and share ideas and information. Chuck Hickey, President, John McCarthy, Recording Secretary of Local 771, IAFF, and a delegation of Saint John Fire Fighters were present at the meeting, and Mr. Hickey, through a computer-aided and video presentation, explained why, in Local 771 's view, the present fire coverage was necessary and the ramifications if the coverage was not kept, referring to National Fire Protection Association standards for fire service, and reviewing a chart from the Insurance Underwriters (copies of which were distributed to Council members during the presentation) showing the initial response to fires, focusing on the number 5 rating for Saint John as having severe hazards in large area buildings, usually with major exposures and in large congested frame districts, which would require three pumper and two ladder companies, and an additional pump and ladder company for severe life hazard situations. In the latter regard, Mr. Hickey advised that the City of Saint John had only two ladder companies; and also that, although eighteen people were to be on the fire scene as an initial 88-791 COMMON COUNCIL DECEMBER 10, 2001 response, the City most times would be responding with eleven or twelve; and commented on the different situations to which the Fire Department responds. Mr. Hickey read from letters dated September 25, 1981 and February 13, 1995 from the Fire Underwriters Survey to former City Manager A. G. McDermott and current City Manager Terry Totten, respectively (copies of which were distributed to the Council members during the presentation), the former expressing the view that, while the rate of manning of fire apparatus in Saint John was higher than in many other cities with a comparable protection problem, it would not be reasonable to contemplate light manning similar to cities of suburban character or with a light fire risk and incidence, the latter indicating that a third ladder company was needed to protect the West Side; and referred to a fire protection study of District 2 completed in 1991 by Ernst & Young which indicated that, while the alarm rate per capita was slightly lower than North America averages, the number of structural fires per capita was higher. Mr. Hickey compared the number of runs in 1989 to the number in 2000, noted the potential for fires in the City of Saint John in terms of its various types of buildings structures and industry; and, with regard to his understanding that the proposed $250,000 reduction in the Fire Department's budget represented less than a cent on the tax rate, expressed the belief that the people in the City were prepared to pay to maintain the fire service. Mr. Hickey advised that, if an engine or ladder company were cut, the City's insurance rates would go up, thus the citizens would pay either through a tax rate or an insurance rate increase, and also that the Saint John Fire Fighters would accompany Council in lobbying the Provincial and Federal Governments; and asked Council not to cut the City's fire service. Mr. Hickey responded to questions in the above regard. (Councillor Fitzpatrick withdrew from the meeting.) 5. City Historic Sites And Events Committee Read a letter from Councillor Teed bringing to Council's attention that, although the Council of the day saw fit not to make any new appointments to the City's Historic Sites and Events Committee after members' appointments expired on December 31, 1985, the Committee was not abolished and was available for use; and proposing that, in view of the growing interest in history and heritage, the appointment of ten members to this Committee be referred to the Nominating Committee for consideration. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be referred to the Nominating Committee for consideration. Question being taken, the motion was carried. 6. City's Art Collection Read a letter from Councillor Teed advising that it was with considerable surprise that he learned that the City of Saint John has amassed a collection of art valued at nearly $700,000, including paintings valued up to $19,200 and artifacts valued up to $270,000, and one would like to think that these would grace the reception room on the 8th floor of City Hall and other areas where the public could see and appreciate the wonderful assets the City owns; and also advising that it was not clear to what extent Council has formulated a policy respecting displays or even travelling shows of these or where a list of donors and artists could be readily seen. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that, with regard to the above letter from Councillor Teed, Council request the City Manager to present a recommendation as to a City policy respecting gifts or displaying of such assets as well as identification as to the owners and donors. Question being taken, the motion was carried. 88-792 COMMON COUNCIL DECEMBER 10, 2001 7. Atlantic Mavors' ConQress On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that, with regard to the letter from Councilor Teed advising that it was with interest he read that the mayors of a number of Atlantic Province municipalities have formed an Atlantic Mayors' Congress, as reported in the press on November 26; and suggesting that Council and the citizens of Saint John should be fully apprised of how this Congress is constituted, its terms of reference, its form of financing and who will be its spokesperson, the Mayor of the City of Saint John be requested to provide a written report setting out the terms of reference for the form of financing, spokesperson and method of operation. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 8. Protocol For SinQinQ Of National Anthem Read a letter from Councillor Teed advising of his attendance at the 25th anniversary ceremony of the Greater Saint John Community Foundation for which the program started with the National Anthem - a/Canada played by the Salvation Army Band and that it was disturbing that the audience was unsure whether or not to sing the National Anthem, nor was the master of ceremonies sure what was appropriate; submitting a protocol pamphlet published by the Canadian Citizenship Federation which, while there is nothing legislated as to what is correct, provides an excellent guide to assist citizens in doing what is acceptable. Councillor Teed proposed a motion, which was not seconded, that the protocol in the above letter be accepted by the City and be followed until some official protocol authority deems a different protocol should be adopted. 9. Province's Approach To Loch Lomond Watershed Consideration was given to a letter from Councillor Teed expressing the view that, as research indicates that from 1991 the Provincial Government's policy was that Loch Lomond Lake would be a major recreation facility, the more recent Provincial legislation decreeing that any activities on Loch Lomond Lake would be only by small boats with very limited power is a very positive step in assuring that the Lake will be pollution-free. Councillor Teed proposed a motion, which was not seconded, that the City acknowledge this positive approach by the present Government that Loch Lomond Lake is no longer considered a major recreational facility but is considered a watershed supply with initial limited use by those presently owning properties fronting on the Lake, and that a letter be sent to the Minister of the Environment and to the Minister of Municipalities expressing the City's appreciation in recognizing the importance of Loch Lomond Lake as a major water facility for the inhabitants of the City and area. 10. City Representatives On Board Of Trade Read a letter from Councillor Teed regarding the City's eight designated representatives on the Saint John Board of Trade, being the Mayor, the City Manager, the Deputy City Manager, the City Treasurer, the Commissioner of Community Services, the Manager of Community Planning, the Common Clerk and the Convention Officer in that, as the City is allowed two representatives included in the membership fee of $661, the other six additional representatives cost $92 each or a further $552; suggesting that, as there is a Police Commission, if a police membership means increased fees such should be reduced, and also that it seems unusual to have seven senior staff with only one Council representative on the Board and it would be more appropriate to have two or three Councillors together with the Mayor as representatives rather than seven staff members. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the matter of who should be the City representatives on the Board of Trade and how many be referred to the Nominating Committee for consideration. 88-793 COMMON COUNCIL DECEMBER 10, 2001 Question being taken, the motion was carried. 11. Enterprise Saint John's Promotional Advertisement Consideration was given to a letter from Councillor Teed submitting a copy of what he understood was supposed to be the promotional advertisement of Enterprise Saint John in the Saint John Board of Trade Directory, featuring two monkeys; expressing the view that this does not represent a positive picture of what the City is endeavouring to do; and suggesting that any positive business promotion should not feature monkeys in this format. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that Council request Enterprise Saint John to change its format for the next edition of the Saint John Board of Trade Directory and possibly to explain, if it chooses, its reasons for such an odd form of advertisement. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 12. Refuse & Waste Between Sidewalk Joints Read a letter from Councillor Teed commenting on the lack of crackfill between the secondary expansion joints in the sidewalks of King Street in that they act as a collector for refuse and waste, in particular, cigarette butts, which is certainly not an inducement for visitors to see a shining clean City; and suggesting that there must be some form of filler which would allow expansion but not allow a collection of cigarette butts. Councillor Teed proposed a motion, which was not seconded, that Council refer the matter of the accumulation of cigarette butts in the sidewalks to Uptown Saint John Inc. and request that it investigate the problem and make any recommendations as to what can be done to keep this area of the City beautiful instead of acting as a cigarette butt collection location. 13. Human RiQhts Dav. December 10. 2001 On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed noting the United Nations' declaration of December 10 as Human Rights Day, and asking all citizens to appreciate this great country in which they live, in part, due to the human rights concepts, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk