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2002-04-16_Minutes 89-44 COMMON COUNCIL APRIL 16, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the sixteenth day of April, AD. 2002, at 6:30 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus - and - Messrs. 1. Totten, City Manager; B. Cullinan, Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works, 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 noted that Council was to continue with the agenda items remaining from the April 15, 2002 Council agenda. 6. Water Meters Read a letter from Councillor Teed (which was tabled at the April 8, 2002 Council meeting) advising that, as one of the concepts of water use is that the consumer should pay for what he uses and this is implemented in the legislation and City water operations cannot make a profit, the City should not tolerate waste and, to this end, it is surprising and even disturbing to learn that the present policy for new construction of homes allows either water meters (user pays concept) or a flat rate concept; and expressing the view that, as the approved ultimate goal is meters for all consumption, the program should be implemented now. Councillor Teed proposed a motion, which was not seconded, that the City adopt as policy that all new residential property be required to adopt the meterage system. 7. Council Committee To Prepare Submission To Prime Minister's Caucus Task Force On Urban Issues Consideration was given to a letter from Councillor Teed (which was tabled at the April 8, 2002 Council meeting) advising that, while the Prime Minister's Caucus Task Force on Urban Issues is scheduled to deliver an interim report by April 2002, written submissions will be accepted until August 2002 and, although there was a meeting with MP Andy Savoie, he is not aware of any written submissions to the Task Force itself. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that Council establish a committee of not less than three Councillors who may also include citizens which, with City staff, can take steps to prepare a written submission to be sent to the Prime Minister before the deadline of August. Question being taken, the motion was carried with Councillor Desmond voting "nay". (Councillor Ball entered the meeting.) 89-45 COMMON COUNCIL APRIL 16, 2002 The Mayor noted that items 6,7,8 and 9 were tabled at the April 8, 2002 Council meeting and there should have been a motion to take them from the table. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above-mentioned items be taken from the table. Question being taken, the motion was carried. (Councillor Court entered the meeting.) 8. Notification Of Repairs Or Preventative Action For Sidewalks And Streets Consideration was given to a letter from Councillor Teed suggesting that the matter of notification of needed repairs or preventative action to be taken for sidewalks and streets, and even buildings, is a topic which has not been resolved and repairs being made on an "if someone notices a problem and brings it to the attention of appropriate staff" basis is not satisfactory and needs to be changed; also suggesting that Council could make appointments of volunteers as honourary surveyors of highways (streets), as provided for in the City Charter, who would be responsible for periodic surveys or patrols in their allocated area and reporting on problems respecting streets, sidewalks and even buildings. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the matter of appointment of honourary surveyors of streets for specific areas of the City be referred to the City Manager for consideration and early report on how such a program might be implemented or instituted. The Mayor advised of the City Solicitor's request that, if Council chose to move forward on this, the matter should also be referred to him because a policy would have to be put in place on what street repairs would be made. Mr. Groody agreed with the need to inspect streets, the need to establish a permanent means of assessing needs having been acknowledged when staff came to Council last fall with a plan for transportation; and advised that, while there is an excellent means of receiving calls from the public and documenting them and in the long-term there has to be a formal infrastructure assessment or inspection program, the single most critical issue related to streets and sidewalks is allocation of sufficient resources to fix the problems, and also that a system was in place in Municipal Operations for staff responsible for streets to report accordingly. Councillor Fitzpatrick questioned the City's responsibility for the safety of voluntary inspectors and the legal ramifications should they get injured while inspecting streets; and Councillor Titus suggested that, as the system was in place, there was no need to create something that was not needed, and advised that he would be in favour of referral to the City Manager if it were for him to come back with a way of doing things better or making the public aware of the system. Councillor Court, in commenting on what staff currently did in this regard, advised that he did not know if there was a need to go beyond that; and Deputy Mayor White advised that he did not see any reason to refer the matter to the City Manager as there was already a system in place. Question being taken, the motion was lost with the Mayor, Deputy Mayor White and Councillors Court, Desmond and Fitzpatrick voting "nay". 9. Removal & Replacement Of Brick Walks On KinQ Street Read a letter from Councillor Teed commenting on the continued removal and replacement of brick walks on King Street and adjoining areas in that it is clear, from another winter, that real brick is not suited for Saint John streets as a number of bricks have continued to break or be dislodged, and holes recently developed in the City Hall Plaza where bricks have dislodged or broken present a dangerous situation; noting that the brick sidewalks in the Loyalist Burial Ground are beginning to become displaced and a growing number are projecting above the surface, and the bricks resent along 89-46 COMMON COUNCIL APRIL 16, 2002 Canterbury Street show chipping, breaking and raising; and expressing the opinion that there is nothing of heritage value in this sector of the City by using real bricks in walkways. On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that all action respecting proposed repairs with the use of real brick be stayed until Council receives a report on what can be utilized other than natural brick on the remainder of the portion of King Street, Charlotte Street and Market Street areas needing repair and, in any event, specifications be changed to avoid concrete bedding. During discussion Councillor Titus, in advising that he would have no difficulty referring the matter to Mr. Groody to tell Council whether the bricks put down on the stretch in question in the new way were working properly, and proposed a motion to refer the matter to Mr. Groody to come back to Council on what the story is with the new section of bricks put down, and the Mayor noted that referral would be to the City Manager. On motion of Councillor Titus 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. 10. Balmoral Crescent On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED the letter from Councillor Titus submitting a map referencing Balmoral Crescent, a number of people having called him regarding the confusion caused by the fact that the Crescent does not connect and it would appear that development will not connect it in the foreseeable future and, while it might be inconvenient for some residents in the short term, it might be necessary to assign some new street names and addresses for the general benefit in the long term; and requesting Council's support to refer this matter to staff for a recommendation on how this matter might best be remedied, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 11. New Tvpe Of Asphalt Recvcler Consideration was given to a letter from Councillor Teed submitting a copy of an article from Forum, Canada's national municipal affairs magazine, on a new asphalt recycler which will allow street repairs on a year-round basis. Councillor Teed proposed a motion that the City Manager be directed to make early inquiry into the cost, benefits and means of acquiring such a machine, and report. In response to the Mayor's indication that the City already had a recycler, Mr. Groody advised that the City of Saint John has had an asphalt recycler for two or three years and have found it to be a very useful piece of gear in the wintertime. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried. 89-47 COMMON COUNCIL APRIL 16, 2002 12. Canada StrateQic Infrastructure Fund Consideration was given to a letter from Councillor Teed submitting a copy of an article from Forum, Canada's national municipal affairs magazine, referencing a Canada Strategic Infrastructure Fund, which was introduced in December 2001 to help finance investments on tourism and urban development initiatives, as well as highway and local transportation systems; and proposing that City staff be directed to obtain full information about this Fund and in what manner, if any, it might benefit Saint John, keeping in mind tourism, urban development and transportation. The Mayor, referring to Council's discussion in the above regard at the March 4, 2002 Council meeting and to the discussion with MP Andy Savoie, advised that she took the City's application to Industry Minister The Honourable John Manley who had discussions with Mr. Savoie, and she received word from Ottawa, about a week ago, that applications under this Program would not be proceeding until the month of June; and also advised that this matter would be discussed again at the next Mayors' meeting in Halifax and there would probably be a meeting in the near future with Minister Bradshaw, and MP Elsie Wayne would be working in an attempt to get funding for at least one of the City's projects for the City of Saint John. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried. 13. Need To Expand On City's Overall Achievements On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed submitting a copy of an article from a Fall 2001 edition of a Trade and Commerce publication comparing Nova Scotia and New Brunswick; suggesting that too often people in Saint John and New Brunswick take an underdog position with respect to the neighbouring Province, Nova Scotia, although a study shows that New Brunswick is better off economically and otherwise; and also suggesting that as a first step to continued development citizens must be encouraged to expand on the overall achievements and leadership in which Saint John plays a significant role, be forwarded to the Saint John Board of Trade and the Saint John West Business Association for their information and promotion. Question being taken, the motion was carried. 14. Request For Discussion In Closed Session On Succession PlanninQ & Senior ManaQement On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Titus advising that he would like to discuss in closed session succession planning, selecting of senior management and evaluating management performance and effectiveness, and asking Council's support to move this to closed session, be referred to closed session. Question being taken, the motion was carried. 15. Notice Of Motion Re Capital FinancinQ Consideration was given to a letter from the City Manager submitting, as the first step in the permanent financing of certain capital projects, a Notice of Motion, and advising that, at this stage, it is not necessary to set limits with respect to coupon rate or terms for which bonds are to be issued, as these will be established at a later date and will be related to the market conditions at the time. 89-48 COMMON COUNCIL APRIL 16, 2002 Her Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution: RESOLVED that occasion having arisen in the public interest in the following public civic works and needed civic improvements, that is to say: GENERAL FUND: General Government Protective Services Transportation Services Environmental Health Environmental Development Recreation and Culture $ 250,000 $ 940,000 $6,660,000 $ 320,000 $2,090,000 $ 400,000 $10,660,000 WATER & SEWERAGE UTILITY Water System Sewer System $2,660,000 $5,040,000 $ 7,700,000 Public Transit Saint John Energy $ 0 $ 0 $18,360,000 THEREFORE RESOLVED that debenture be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $18,360,000.". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 16. Tender For Asphaltic Concrete Mixes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Lafarge Canada Inc. be accepted for the establishment of a supply agreement for asphaltic concrete mixes for the duration of the 2002 construction season, in accordance with the unit prices included in the submitted summary of bids. Question being taken, the motion was carried. 17. Landfill Closure - Howes Lake Read a report from the City Manager advising that, as indicated in the submitted correspondence with the Department of Environment and Local Government, it is clear that older landfill sites, such as the former Howes Lake site, have become a concern and proper closure of these sites must take place and, using the information in the correspondence in which the expectations of the Province have been outlined, a proper closure plan for the site can be prepared that conforms to current standards; and advising that, in order to proceed, staff will need to develop a request for proposals outlining the terms and conditions for a consultant to formulate a proper closure plan for the former landfill site at Howes Lake, the request for proposals to be developed in consultation with staff from the Department of Environment and Local Government. 89-49 COMMON COUNCIL APRIL 16, 2002 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council (1) approve the project - Landfill Closure - Howes Lake (develop a closure plan), under the 2002 Capital Program (Environment), at an estimated cost of $60,000, to be cost shared at 50% by the New Brunswick Department of Environment and Local Government, and (2) approve that the City's share of the funding for this project ($30,000) be reallocated from the 2002 Spruce Lake landfill closure project. Question being taken, the motion was carried. 18. Solid Waste Clean-Up Options Alternatives To Clean-Up Week On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager in response to Council's request for staff to consider solid waste clean-up alternatives to clean-up week, the first priority in considering alternatives being to focus on the program's original purpose of helping residents get rid of bulky household items; and recommending that Common Council authorize staff to implement, as a pilot project for 2002, the following assistance for residents: (1) cover tipping fee costs for bulky items delivered to the landfill site by residents during the week of May 14-18, in accordance with the terms of the program outlined herein; and (2) implement fee-for- service for bulky items as described herein and schedule pick-ups during the last week of each month, beginning in May 2002 at a fee of $40/pick-up or such amount required to recover full cost of the service, whichever is greater. Mr. Totten noted that, if Council adopted the above recommendation, staff would then have to formuate specific procedures in terms of how and to whom citizens would call and whether or not a City or private-sector vehicle would be used for pick-up, and made the observation that, while an attempt to meet some of the concerns expressed by citizens with respect to large bulky items, this was in no way intended to replace the annual clean-up week. Question being taken, the motion was carried. 19. South End Peninsula Solid Waste Issue Consideration was given to a report from the City Manager advising that, since the report to Council on March 18, 2002 outlining a number of interim and long- term actions to deal with solid waste issues in the South Peninsula, weekly garbage collection service has been reinstated on an interim basis for this area and bi-weekly compost collection has also occurred, along with garbage collection, on both March 27 and April 10, and staff has noted the properties that continue to actively participate in the composting program and those who do not, and will follow up with those citizens not presently committed or able to participate and facilitate "removal" of the compost carts, there being about 320 properties actively participating in the compost program out of approximately 895 homes originally provided with collection carts and 69 carts having been returned to or picked up by the Commission; and recommending that Common Council, in receiving and filing this report, adopt the submitted resolution to designate by-law enforcement officers for the Solid Waste By-law. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the above report be received and filed and the following resolution be adopted, namely: WHEREAS the Common Council of the City of Saint John has enacted certain by-laws pursuant to the authority of the Municipalities Act of the Province of New Brunswick, including its Solid Waste By-law, and it may from time to time be 89-50 COMMON COUNCIL APRIL 16, 2002 necessary to commence proceedings in court when a person has contravened or failed to comply with such by-laws; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for the breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; AND WHEREAS section 14(1) of the Police Act of New Brunswick provides that a council may appoint persons as by-law enforcement officers for that municipality: RESOLVED that Trevor Watson, Ronald Morgan and Patrick Barsalou are hereby appointed as by-law enforcement officers with respect to the enforcement of the Solid Waste By-law of the City of Saint John; these appointments shall continue until they cease to be employed by the City's Public Works Services or until rescinded by Common Council, whichever comes first: BE IT FURTHER RESOLVED that Trevor Watson, Ronald Morgan and Patrick Barsalou are also hereby designated and authorized to lay informations in the Provincial Court of New Brunswick with respect to violations of the Solid Waste By-law of the City of Saint John; this designation and authorization shall continue until they cease to be employed in the City's Public Works Services or until rescinded by Common Council, whichever comes first. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. 21. Coleson Cove Refurbishment - EIA Air Qualitv Study, Dispersion ModellinQ On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager including excerpts from the summary and report on Air Quality and Dispersion Modelling prepared by Jacques Whitford Environment Limited, part of a series of reports being undertaken by NB Power to research and compile the information needed to fulfill the terms of reference and prepare for and prepare the Environmental Impact Assessment document for the Coleson Cove refurbishment project; commenting on additional items with respect to air emissions monitoring in the Saint John area; and advising that additional summaries will be provided to Council as they become available and, if Council has any specific comments or concerns regarding the studies, they can be passed on to the Provincial Technical Review Committee, be received and filed. (Deputy Mayor White withdrew from the meeting.) Question being taken, the motion was carried. 22. Coleson Cove Refurbishment EIA - Health Risk Study On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager including excerpts from the summary and report on Human Health Risk Assessment, prepared by AMEC Earth & Environmental, part of a series of reports being undertaken by NB Power to research and compile information needed to fulfill the terms of reference for the Environmental Impact Assessment for the Coleson Cove refurbishment; setting out additional concerns raised by community representatives at one of the preliminary meetings with the study consultant; and advising that additional summaries will be provided to Council as they become available and, if Council has any specific concerns regarding the studies, they can be passed on to the Provincial Technical Review Committee, be received and filed. (Councillor Titus re-entered the meeting.) 89-51 COMMON COUNCIL APRIL 16, 2002 Question being taken, the motion was carried. 23. Yellow Fish Road ProQram On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the report from the City Manager submitting a copy of a letter to Director of Works Shayne Galbraith from Girl Guide Leader Eileen Gauthier of the 24th Saint John Girl Guide Unit located in the Stella Maris Church, advising that she would appreciate the City's approval of the Unit's Yellow Fish Road Program which would have the Guides paint yellow fish symbols on the road beside sewer covers and distribute brochures to nearby households to remind people to dispose of household products in an environmentally safe manner and not down storm drains, as a means of educating them on the environment and the need to keep water systems safe; and advising that Public Works Services is responsible for municipal drainage and will be supporting this activity through the provision of safety vests and traffic pylons, be received and filed and Council encourage the initiative of the Girl Guides. Question being taken, the motion was carried. (Deputy Mayor White re-entered the meeting.) 24. City Of Saint John Gallerv Commitments Read a report from the City Manager advising that the City's Cultural Affairs Officer, on behalf of the City of Saint John, negotiated in good faith with the following four artists to have shows in the City Gallery in the Carnegie building during the months of February, March and April 2002, having made commitments to each of them more than a year ago: (1) Vita Plume, fabric artist from Fredericton, now living in North Carolina, USA, (2) Julie Duchenes, painter, originally from Saint John and now teaching at the University of Alberta in Lethbridge, (3) Carol Taylor and (4) Marian Wells, Saint John artists, a two-person show of paintings and sculptural pieces; also advising that staff has been unable to identify alternative exhibition space to satisfy the expectations of these artists and, as the space in the Carnegie building is still available although ABEC has closed, the City could consider reopening the Carnegie building for a limited period of time for the purpose of honouring the commitments made to the four artists in question, with all three exhibitions to be held concurrently. On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the Carnegie building be re-opened from Tuesday, June 4 through Sunday, July 14, 2002, for the purpose of exhibiting the art works of the four artists previously approved by the Saint John Art Advisory Board, as mentioned in the above report from the City Manager. Question being taken, the motion was carried. 25. DanQerous BuildinQs Located In Preservation Areas Read a report from the City Solicitor noting the City's present use of its Unsightly Premises By-law to cause the demolition of buildings located within its boundaries that have become so dilapidated or deteriorated that they are in a dangerous, unsightly or unhealthful condition, as well as its former use of the Saint John Building Act, 1925; also noting that some dangerous buildings are located where the Saint John Preservation Areas By-law applies and, as Section 17 refers to the 1925 Building Act, he would recommend that it be amended so as to remove this reference; setting out the appropriate amendment to the Preservation Areas By-law; and advising the requirement for Council to fix a time and place for the consideration of objections and to cause appropriate notices to be published twice in the newspaper within the appropriate times. 89-52 COMMON COUNCIL APRIL 16, 2002 On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that as recommended by the City Solicitor, the necessary advertising be authorized with regard to the submitted amendment to the Preservation Areas By-law, with the public hearing to be held on Monday, May 27,2002 at 7:00 o'clock p.m. Councillor Teed asked the objective of the proposed amendment in that the City now could use either the By-law or the Act, and Mr. Cullinan advised that the City no longer used the 1925 Act for the purpose of carrying out demolitions but instead was using the provisions of the Unsightly Premises By-law and, as there appears to be a conflict between the Preservation Areas By-law and the By-law being used, the proposed amendment would remove any conflict. Mr. Edwards advised that the whole issue came up with respect to a property on Orange Street that Council recently found to be in a dangerous and unsightly condition and authorized the Building Inspector to issue an order and make subsequent application to the Court of Queen's Bench in case the order was not complied with and, subsequent to that, this property was actually sold and, while the Preservation Areas By-law includes references to a certificate of appropriateness if a building was to be demolished and to advertising requirements and such, there is also a clause in it that speaks to the 1925 Act which the City no longer uses as there was some difficulty in court a number of years ago with respect to its use; so, to remove any ambiguity which would allow buildings to be demolished, the City Solicitor suggested that the proposed amendment. Question being taken, the motion was carried with Councillor Teed voting "nay". 26. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, April 15, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That the sidewalk vendor site on Prince William Street next to King Street be removed from the bid process. April 15, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 26.1. Sidewalk Vendor Site On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 89-53 COMMON COUNCIL APRIL 16, 2002 27. Planning Advisory Committee - Public Utility Easement Over N.B. HiQhwav No.1 (West) On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to any required public utility easement over the subject property located off N.B. Highway No.1 (West) necessary to extend public utilities to the proposed cellular communication site. Question being taken, the motion was carried. 28. Board Of Police Commissioners - Westmorland HeiQhts NeiQhbourhood Watch ProQram On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Police Commissioners submitting a copy of a report from the Chief of Police responding to questions regarding the Westmorland Heights Neighbourhood Watch Program, as set out in Council's resolution of February 18, 2002, be received and filed. Question being taken, the motion was carried. 29. Board Of Police Commissioners - Rules Governing WearinQ Of Firearms Bv Police Officers Read a letter from the Saint John Board of Police Commissioners advising, in response to Council's resolution of January 7, 2002 concerning the rules governing the wearing of firearms by police officers, that the Board received and filed at its April 4, 2002 meeting a report from the Chief of Police reporting that it was determined, after a review of the Police Act, the Criminal Code and the Saint John Police Force Policy and Discipline Code, that police officers in attendance during the Council meeting in question did not act inappropriately; and also advising that the Board appreciates being made aware of these concerns and has taken the matter under advisement. On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners regarding the rules governing the wearing of firearms by police officers, be received and filed. Question being taken, the motion was carried. 30. Board Of Police Commissioners - 2001 BudQet On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, in accordance with Section 7(3) of the Police Act and the request of Common Council, the report of the Saint John Police Force 2001 Operating Budget Year End Financial Results (unaudited), which was presented and accepted by resolution at a meeting of the Board on April 4,2002, be received and filed. Question being taken, the motion was carried. 89-54 COMMON COUNCIL APRIL 16, 2002 31. Saint John Alpines Senior Baseball Team Waiver Of Fee Re Memorial Field AdvertisinQ Read a letter from the Saint John Alpines Senior Baseball Team referring to its opportunity to again defend its national championship, having won to the right to represent New Brunswick at the 2002 Nationals in Prince George, BC; advising that, since early in the new year, its team members have been selling advertising space on an outfield fence at Memorial Field and, although this project has been going well, the Team remains a long way from reaching its goal of $25,000; and asking the City of Saint John to consider waiving its 25% fee for the advertising space at Memorial Field for this year only, which would be a maximum of $5,000. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that with regard to the request of the Saint John Alpines Seniors Baseball Team that the City of Saint John waive its 25% fee for the advertising space at Memorial Field for this year only, a grant equal to the advertising fee be approved. The initial motion proposed was to waive the 25% fee for the advertising space as requested. Mr. Totten confirmed the Mayor's observation that this would not affect the fee paid to whomever the City has engaged to sell the advertising as he would still get his money but the City would not get its money and, at his request that latitude be given in terms of providing a grant equal to the amount of money being waived, the motion was changed with the consent of the mover and seconder. The Mayor asked if it would mean waiving the fee that would normally come to the City, and Mr. Totten indicated in the affirmative, his suggestion for issuing a grant equal to the amount being because the waiving of fees has always been an issue and staff's position has always been that, in effect, a grant was being provided to the organization concerned. Question being taken, the motion was carried. 32. Human Development Council - Request To Meet To Discuss FundinQ Situation On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from the Human Development Council referring to the City's reduction in its funding in 2002 and its intent to reduce it further in 2003, the elimination of the City's support in 2003 representing one-third of the Human Development Council's budget which will seriously jeopardize its ability to continue to impact on the community; and requesting an opportunity to meet with Council in late spring to discuss its situation, be received and filed. Question being taken, the motion was carried. 35. Saint John Construction Association Inc. Proposed New BuildinQ Bv-Iaw In response to a motion of Councillor Desmond to refer the letter from Saint John Construction Association Inc. on the proposed new Building By-law to staff, the Mayor suggested that it should be referred to the Planning Advisory Committee, and Mr. Baird noted Council's previous referral of the proposed By-law to the Committee for comment. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Saint John Construction Association Inc. submitting a copy of a letter from the Saint John Board of Trade to the Commissioner of Buildings and Inspection Services further to his meeting with the Board's sub-committee to discuss proposed changes to the Building By-law; expressing the understanding that a working group would be formed to review 89-55 COMMON COUNCIL APRIL 16, 2002 the proposed new By-law; and asking that, before Council proceeds, there be further discussions with the stakeholders, be referred to the Planning Advisory Committee. Question being taken, the motion was carried. 36. The New Brunswick Non-Profit Housing Association Financial Support For 9th Annual Conference On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that, with regard to the letter from The New Brunswick Non-Profit Housing Association requesting financial support in an amount of $500 for its 9th Annual Conference to be held in Saint John on May 10 and 11, 2002, a grant of $500 be approved: AND FURTHER that the above grant be approved pending determination of whether funding was provided by Saint John Non Profit Housing Inc. Upon the Mayor's suggestion that it should be determined whether or not Saint John Non-Profit Housing has given any funding to the Association as, if it did, that would be City funding, Deputy Mayor White, a member of Saint John Non-Profit Housing, advised that he would find this out and report back. The mover and seconder agreed to add to the motion that the grant would be given pending determination of this. Question being taken, the motion was carried. Adjournment The Mayor noted the next regular meeting of Common Council on April 22,2002 and declared the meeting adjourned. Common Clerk