Loading...
2000-07-17_Minutes 88-83 COMMON COUNCIL JULY 17,2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of July, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. 1. Totten, City Manager; B. Cullinan, 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; C. Campbell, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the minutes of the meetings of Common Council, held on Tuesday, July 4, 2000, and Monday, July 10, 2000, be approved. Question being taken, the motion was carried. * Added Items On motion of Councillor Desmond Seconded by Councillor White RESOLVED that three Nominating Committee recommendations, a recommendation on natural gas distribution, and a recommendation on a Travel Policy for Elected Officials, which were considered in Committee of the Whole earlier this date, be added to the agenda of this meeting for consideration as items 10A, 25A and 25B, respectively. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment (b) Re-Zoning Of Land In Area Of McAllister Industrial Park The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198, from Major Community Facilities to Heavy Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "IL-2" Major Institutional to "1-4" Heavy Industrial Park classification, to permit development in conjunction with McAllister Industrial Park, as requested by Saint John Industrial Parks Ltd., and no written objections were received in this regard. 88-84 COMMON COUNCIL JULY 17,2000 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from several concerned residents considered at the Committee's July 11, 2000 meeting at which Dan LeBlanc, General Manager of Saint John Industrial Parks Ltd., expressed agreement with the staff recommendation, and James Lawton, Ken Davis and Dave Higdon of Old Black River Road/Cottage Road attended in opposition to the proposal; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Major Community Facilities to Heavy Industrial classification, a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198; and (2) re-zone the same parcel of land from "IL-2" Major Institutional to "1-4" Heavy Industrial Park classification, subject to a resolution pursuant to Section 39 of the Community Planing Act setting out the following conditions: (a) the use of land is restricted to the applicant's proposal to consolidate the land with the existing McAllister Industrial Park; and (b) the area illustrated on the submitted sketch must be used for no other purpose than a natural and/or landscaped buffer area for the industrial park in accordance with the applicant's proposal; this condition does not prevent the placement of municipal services and public utilities within the required buffer area. Dan LeBlanc, General Manager of Saint John Industrial Parks Ltd., appeared before Council in support of the proposed amendments; advised that Saint John Industrial Parks Ltd. concurred with the staff recommendation; and responded to a question on the issue of the buffer zone. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198, from Major Community Facilities to Heavy Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198, from Major Community Facilities to Heavy Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Fitzpatrick Seconded by Councillor Court 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 with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198, from "IL-2" Major Institutional to "1-4" Heavy Industrial Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 88-85 COMMON COUNCIL JULY 17,2000 Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor 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 with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park, also identified as being a portion of NBGIC Number 336198, from "IL-2" Major Institutional to "1-4" Heavy Industrial Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Municipal Plan Amendment (b) Re-Zoning Old Black River Road And McAllister Industrial Park Area The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, various parcels of land located in the Old Black River Road area, from Heavy Industrial, Major Community Facilities and Low Density Residential to Low Density Residential, Major Community Facilities and Heavy Industrial classification; and (b) the proposed re-zoning of various parcels of land in the same area from "RF" Rural, "IL-2" Major Institutional and "RS-2M" One and Two Family and Mobile Home Suburban Residential to "RS-2M" One and Two Family and Mobile Home Suburban Residential, "IL-2" Major Institutional and "RF" Rural classification, to more accurately reflect the existing pattern of present and future land use in the area, including the boundaries of the Saint John Regional Correctional Facility, McAllister Industrial Park and Old Black River/Cottage Road residential neighbourhood, as initiated by the City of Saint John, and no written objections were received in this regard. 4{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from several concerned residents, considered at the Committee's July 11, 2000 meeting at which Randall Pollock attended on behalf of the City to answer any questions, and James Lawton, Dave Higdon and Ken Davis of Old Black River Road/Cottage Road area indicated they were opposed to the proposed Municipal Plan changes that would redesignate two areas from Major Community Facilities to Heavy Industrial classification; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Heavy Industrial, Major Community Facilities and Low Density Residential to Low Density Residential, Major Community Facilities and Heavy Industrial classification, various parcels of land located in the Old Black River Road area, as illustrated on the submitted Map 3; and (2) re-zone various parcels of land located in the Old Black River Road area, as illustrated on the submitted Map 5, from "RF" Rural, "RS-2M" One and Two Family and Mobile Home Suburban Residential and "IL-2" Major Institutional to "RS-2M" One and Two Family and Mobile Home Suburban Residential, "IL-2" Major Institutional and "RF" Rural classification. 88-86 COMMON COUNCIL JULY 17,2000 On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, various parcels of land located in the Old Black River Road area, from Heavy Industrial, Major Community Facilities and Low Density Residential to Low Density Residential, Major Community Facilities and Heavy Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, various parcels of land located in the Old Black River Road area, from Heavy Industrial, Major Community Facilities and Low Density Residential to Low Density Residential, Major Community Facilities and Heavy Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Deputy Mayor Chase 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 various parcels of land located in the Old Black River Road area, from "RF" Rural, "RS-2M" One and Two Family and Mobile Home Suburban Residential and "IL-2" Major Institutional to "RS-2M" One and Two Family and Mobile Home Suburban Residential, "IL-2" Major Institutional and "RF" Rural classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning various parcels of land located in the Old Black River Road area, from "RF" Rural, "RS-2M" One and Two Family and Mobile Home Suburban Residential and "IL-2" Major Institutional to "RS-2M" One and Two Family and Mobile Home Suburban Residential, "IL-2" Major Institutional and "RF" Rural classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 88-87 COMMON COUNCIL JULY 17,2000 5(a) Zoning By-law Amendment Re Property At 216 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to add a new zone, Special Zone #4 - "SZ#4", its uses and standards, and the proposed re-zoning of a parcel of land located at 216 Loch Lomond Road (NBGIC Numbers 314997 and 55093645), having an area of approximately 1580 square metres (17,000 square feet), from "1-2" Heavy Industrial to "SZ#4" Special Zone #4, to permit the establishment of a licensed lounge, as requested by Alexia and James Dudley, and 5{c) a letter of objection was received from Phyllis Ratcliffe. 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in opposition to the proposed lounge considered at the Committee's July 11, 2000 meeting at which the applicant was represented by his lawyer, Harry Colwell, and the Committee decided to recommend that the application be approved subject to a number of conditions with respect to the development of the site; and recommending that Common Council amend the City of Saint John Zoning By-law by: (1) adding the following to the list of zones in Section 30(1): "special zones SZ#4"; (2) adding the following as Section 740(4): "(4) Special Zone #4 (SZ#4) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee:- a club or lounge; all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an "1-2" zone, an "I" zone, or an industrial zone, as the case may be."; and (3) re-zoning a parcel of land located at 216 Loch Lomond Road (NBGIC Numbers 314997 and 55093645), having an area of approximately 1580 square metres (17,000 square feet), from "1-2" Heavy Industrial to "SZ #4" Special Zone #4 classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the site be developed and maintained in accordance with a detailed plan approved by the Development Officer which will illustrate parking areas, driveway access points, landscaping and curbing; and (b) vehicles and trailers rented for the U-Haul business are not to be stored on site. Harry Colwell, solicitor acting for the owners of the property and the applicants, addressed Council in support of the application; expressed agreement with the Planning Advisory Committee's recommendation; and, with regard to video lottery machines, advised that, although a letter forwarded to the area residents prior to the Planning Advisory Committee's hearing indicated that there would be five additional lottery terminals, the intent was to have a total of five terminals at the subject location, three in addition to the two currently there. Mr. Colwell filed with the Common Clerk a posting, which he advised had been placed in the convenience store on the premises prior to the Committee's hearing, with signatures in favour of the proposal. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by (1) adding to the list of zones in Section 30(1) "special zones SZ#4", its uses and standards, and (2) re-zoning a parcel of land located at 216 Loch Lomond Road (NBGIC Numbers 314997 and 55093645), having an area of approximately 1580 square metres (17,000 square feet), from "1-2" Heavy Industrial to "SZ #4" Special Zone #4 classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. 88-88 COMMON COUNCIL JULY 17,2000 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by (1) adding to the list of zones in Section 30(1) "special zones SZ#4", its uses and standards, and (2) re-zoning a parcel of land located at 216 Loch Lomond Road (NBGIC Numbers 314997 and 55093645), having an area of approximately 1580 square metres (17,000 square feet), from "1-2" Heavy Industrial to "SZ #4" Special Zone #4 classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment Policies For Pits And Quarries Public presentation was made of a proposed Municipal Plan amendment to delete Subsection 2.4.3 and insert in its place Subsection 2.4.3 on policies respecting pits and quarries, remove the words ", or changes to," from Section 2.4.7.11, and remove the word "(quarry)" from section 2.4.7.11 (f), to facilitate the adoption of the proposed new Pits and Quarries Zone, as initiated by the City of Saint John. 10. Mavor's Remarks Mayor McAlary extended condolences to the family of the late Marlene McLenaghan, who passed away on June 14, 2000. An expression of sympathy was also extended to the family of the late Robert J. Arseneau, who passed away on July 15, 2000. *10A. NominatinQ Committee Recommendations Transit Commission Appointments On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the Nominating Committee, Councillor Titus and Dawson Moyer be appointed to the Saint John Transit Commission for a term of three years. Question being taken, the motion was carried. PlanninQ Advisorv Committee Appointment On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the Nominating Committee, Peter Pappas be appointed to the Planning Advisory Committee for a term to expire December 31,2001, replacing Tom Bayne who has resigned. Question being taken, the motion was carried. 88-89 COMMON COUNCIL JULY 17,2000 Environment Committee Appointments On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, Daphne Flanagan, Murray Beesley and Jeffrey Garrett be appointed to the Environment Committee for a term of three years. Question being taken, the motion was carried. 11. FundinQ For Cultural And Arts Community Consideration was given to a letter from Deputy Mayor Chase, which was tabled at Council's July 4, 2000 meeting, advising that he would like to discuss a matter concerning the cultural and arts community and the taxpayers' money, from property taxes paid, that currently supports same. Deputy Mayor Chase referred to the Provincial Government's recent provision of funding to Theatre New Brunswick in Fredericton, as well as Stephen Tobias' letter on the agenda of this meeting under item 37 on arts funding; and asked for a report in terms of what action, if any, the City has taken, either at the administrative or political level, to at least investigate what was done for Theatre New Brunswick vis-a-vis the taxpayers' money and the major facility funded in the City of Saint John, being the Imperial Theatre. Mayor McAlary advised that, at the last meeting with the local MLAs, Minister McFarlane explained that the $300,000 in funding to TNB cleared its debt because the City of Fredericton purchased The Playhouse; and suggested that a motion could be made to address this issue when Council members have the opportunity to meet with the local MLAs, the Minister of Finance, the Premier or whomever at the Provincial level Council members have the opportunity to meet. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above issue be addressed when Council members meet at a later date with the local MLAs or other members of the Provincial Government in regard to funding in many categories in the City of Saint John. Deputy Mayor Chase suggested that preparatory work for such a meeting should include meeting with the Imperial Theatre group. Question being taken, the motion was carried. 12. Zenon Leachate Treatment Plant Consideration was given to a letter from Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, advising of the completion of the trial period of the Zenon leachate treatment plant and Neil and Gunter's presentation of its report on the results of the trial at the Commission's July 12, 2000 meeting, and also of the Commission's request to present this report to Council on August 14, 2000. On motion of Councillor Chase Seconded by Councillor Vincent RESOLVED that the Fundy Region Solid Waste Commission be invited to present the report on the Zenon leachate treatment plant in open session of Council on August 14, 2000. Question being taken, the motion was carried. 88-90 COMMON COUNCIL JULY 17,2000 13. Tender For liquid Chlorine On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender submitted by H.C.1. Inc. be accepted for the establishment of a one-year supply agreement for the provision of 68.04 kg cylinders of liquid chlorine, at a cost of $143.48 per cylinder, and 907 kg cylinders of liquid chlorine, at a cost of $852.768 per cylinder. Question being taken, the motion was carried. (Councillor White withdrew from the meeting.) 14. Tender For Sodium Hvpochlorite On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for a period of one year, for the provision of sodium hypochlorite, be awarded to Atlantic Chemical and Supply Inc., as indicated in the submitted summary of bids. (Councillor White re-entered the meeting.) The Mayor, with regard to Councillor Chase's question as to whether or not fluoridation was an essential component to supply potable water to the citizens of Saint John, advised that this question was out of order as Council was discussing a tender, not fluoridation. Councillor Chase made the observation that the City Manager's report on the tender referenced the use of the above product in the treatment and fluoridation process of the water, and explained that his point in raising the question was that, if the product were not an essential component, the money could be used elsewhere in this time of budget restriction. The Mayor asked, without getting into the fluoridation issue, if the question could be answered, to which Mr. Hanlon replied that there were two issues involved, one being the use of the product to disinfect the water from the Spruce Lake treatment plant, the other being the choice of this product which came about as part of the design of the fluoridation process and, although somewhat related to the design process, has nothing to do with the addition of fluoride to the drinking water. Question being taken, the motion was carried with Councillor Desmond voting "nay". 15. Tender For Hvdrofluosilic Acid On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of H.C.I., in the amount of $.364 per kilogram for shipments of 22 tonnes and $.337 per kilogram for shipments of 30 tonnes of hydrofluosilicic acid, for a period of one year, be accepted. Councillor Chase asked if the use of the above product were essential to potable water, to which Mr. Hanlon replied that, strictly from a potable water point of view, it did not make the water any more or any less potable or drinkable. Question being taken, the motion was carried with Councillors Chase and Desmond voting "nay". (Councillor Titus entered the meeting). 88-91 COMMON COUNCIL JULY 17,2000 16. Tender For Sand, Gravel & AQQreQate On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate for a period of 12 months from the date of acceptance of Common Council, be awarded to the lowest tenderer in each case, as indicated in the submitted summary of bids. Councillor Titus suggested that it should be a condition of the tender that the lowest tenders would be accepted only if the City were satisfied that the people from whom the products were being purchased were living up to the standards imposed by the City on the gravel pits. Mr. Totten, in noting that it would be necessary for any of the firms listed in the tender report to have a permit issued by the Building Inspection Department, advised that, if the tender were awarded and for some reason the supplier did not have a permit or something was blatant, the Purchasing Agent or others who use the service would bring those issues to the supplier's attention. Mr. Cullinan expressed the view that, with respect to tenders, the City sets out conditions that it expects a tenderer to meet and a bidder has only to meet those conditions in its tender to be considered and the City could not insert something after a tender has been put out and bids received. Question being taken, the motion was carried. (Councillor Titus withdrew from his seat at the Council table.) 7. The Power Commission Of The City Of Saint John - 1999 Annual Report Read a letter from Richard A. Burpee, General Manager of The Power Commission of the City of Saint John (Saint John Energy), submitting the Commission's Annual Report for 1999, to be presented at this meeting by Councillor Chris Titus, Chairman of the Commission. Councillor Titus, Chairman of The Power Commission of the City of Saint John, in addressing Council from the podium, noted the presence at the meeting of Richard Burpee, General Manager; Eric Marr, Manager of Engineering & Operations; and A. L. Furness, Manager of Finance & Administration, of the Commission, as well as Vice Chairman Ed Bates and Commission member Councillor Desmond; and highlighted the Commission's 1999 Annual Report. The Mayor thanked the Commission members and staff for their time and commitment to Saint John Energy. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the 1999 Annual Report of The Power Commission of the City of Saint John be received and filed. Question being taken, the motion was carried. 17. Tender For Contract 2000-8 On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Contract 2000-8, City Road water and sewer renewal and Church Avenue water meter, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $515,036.10, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 88-92 COMMON COUNCIL JULY 17,2000 18. Tender For Contract 2000-5 On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Contract 2000-5, curb construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $69,810.50, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. (Councillor Titus returned to his seat at the Council table.) 8. The Bovs & Girls Club Of Saint John Inc. - Annual Grant Gregory D. Zed, President of The Boys & Girls Club of Saint John Inc., was present at the meeting further to Common Council resolution of May 15, 2000 adopting the City Manager's recommendation for a presentation to be arranged in response to the Club's request to appear before Common Council to expand on its ideas expressed in the previously-submitted letter to the City Manager's request that, in view of an anticipated $2.2 million reduction in Provincial transfer payments to the City of John, the Club immediately seek alternative funding and also plan for the elimination of funding from the City. Gregory Zed, President; Debbie Cooper, Executive Director; and Laurie Collins, Assistant Executive Director of The Boys & Girls Club of Saint John Inc., were present at the meeting in the above regard, accompanied by a delegation of Club members and supporters. Mr. Zed, in his remarks, advised that the Club would appreciate Council's strong support continuing next year and in the years to come and, following the presentation, circulated letters from children and information kits on the Boys & Girls Club, and invited the Council members to tour the Boys & Girls Club. Ms. Cooper, through an overhead slide presentation, outlined the Club's programs for children in different age categories aged two to seventeen years, and related information on the Club's membership. Ms. Cooper apprised Council of the Club's fiscal picture from 1993 to 2000, including funding from the City of Saint John and the United Way as the Club's two core funders, donations, fund-raising, and membership and daycare fees, with 70 percent of the Club's operating budget now generated through the Club's own methods, and commented on the Club's fiscal responsibility in trying to raise as much money as it can to maintain the same level of programs and services, as well as in maintaining a level of expenses and revenue. Ms. Cooper addressed the impact on the Club of the loss of the City's contribution of $70,000, which represents 20% of the Club's budget, in terms of elimination of services and part-time and full-time staff positions. The Mayor, in thanking the delegation for the presentation and for its service to the community, suggested a referral of the matter to the City Manager for consideration during the budget process. During discussion in response to Councillor Fitzpatrick's suggestion that, in view of a proposed $2.2 reduction in Provincial funding to the City, the Club should relate to the Province exactly what it was telling Council at this time, Mr. Zed suggested that, with regard to the Club's letter considered at Council's May 15, 2000 meeting, Council could pass a resolution that would allow the Club to release that document to the Province because the Club did not feel it was within its right without this permission to share it either Provincially or Federally. Councillor Fitzpatrick advised that, if there were a motion put forward to receive and file the presentation, he would add permission to it, whereupon Councillor Court advised that he would second such a motion. The Mayor suggested that the motion should be to refer the presentation to the City Manager and, with regard to Mr. Zed's suggestion on the Club's previous letter, asked that Council members be provided, as an information item, a copy of it for review following which Mr. Zed would be advised. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the presentation on behalf of The Boys & Girls Club of Saint John Inc. regarding its annual grant from the City be referred to the City Manager. 88-93 COMMON COUNCIL JULY 17,2000 Question being taken, the motion was carried. (Councillor Court withdrew from his seat at the Council table.) 9. Saint John Environment Committee Re Water And Wastewater Policv Councillor Court, in addressing Council from the podium as a member of the Saint John Environment Committee, introduced Committee members Don Shaw, Terry Gray, Maureen Fuller, Mike Sauerteig, Ronald Palmer and Mike Bonga, and recognized City staff members on the Committee; and, through a computer-aided presentation, he and Mr. Bonga, in turn, summarized the Committee's review of Part Three of the Municipal Plan, which is the main official document that contains Council's policy regarding environmental issues, the 1989 Goals for Saint John relating to water and wastewater issues, and the Water and Wastewater Strategies, as well as the Committee's ten key points, and the manner in which the Committee reached these ten points, as outlined in the Committee's previously submitted brief. The Mayor invited the Committee members to the July 31, 2000 presentation by City staff of the Water and Wastewater Strategies at 4:00 o'clock p.m. in open session of Council, and following discussion Councillor Court suggested that the above presentation could be received and filed and taken into consideration when City staff makes its presentation to Council. (Councillor Court returned to his seat at the Council table.) On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the presentation on behalf of the City of Saint John Environment Committee on a water and wastewater policy be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the Finance Committee's report, under item 29 of the agenda of this meeting, be brought for consideration at this time. Question being taken, the motion was carried. 29. Finance Committee - 1999 Financial Statements (a) General Fund; (b) Water And Sewerage Utility (c) SinkinQ, Reserve And Trust Funds Consideration was given to a letter from Councillor Fitzpatrick, Chairman of the Finance Committee, advising that the audited 1999 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds (copies of which were distributed to Council members on this date) would be presented to Council at this meeting, at which time any questions related to the audit should be directed to Ernst & Young representatives who will be in attendance and any questions relating to the operating results or the financial position of the General Fund or Utility should be directed to the Commissioner of Finance; and submitting comments from the Commissioner of Finance in this regard. Councillor Fitzpatrick, Chair of the Finance Committee, recognized the other Committee members Councillors Desmond, Titus and Trites, as well as Ernst & Young representative Mark Furlotte who was in attendance at the meeting. Mr. Furlotte, referencing the Auditor's Report included with the Financial Statements covering the balance sheets and results of operations thereof, advised that the audit was conducted in accordance with generally accepted auditing standards normally found in Canada and, in the Auditors' opinion, the Financial Statements present fairly the financial position of the City as well the results of its operations for the year ended December 31, 2000. Mr. Beckett, in his comments, referenced the $598,254 surplus and the $68,398 surplus in the General Fund and the Water and Sewerage Utility, respectively, in 1999, and summarized the major contributing factors for the former in terms of both positive and 88-94 COMMON COUNCIL JULY 17,2000 negative variances as set out in the above-mentioned comments from the Commissioner of Finance. Mr. Beckett drew to Council's attention that, in terms of the total debt outstanding at the end of 1999 of $45,881,205, which represents an increase of $742,679 over the previous year, this would limit the City's flexibility in current operations due to increased principal and interest payments on its debts. (Councillor Vincent withdrew from the meeting during the above comments.) On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the audited Financial Statements of the City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, for the year ended December 31, 1999, be approved as presented. Question being taken, the motion was carried. 19. 2001 BudQet Submissions On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Manager submitting a copy of correspondence sent to all municipal agencies, boards and commissions, as well as a number of other organizations that receive a portion of their funding from the City of Saint John; summarizing the submitted responses to this correspondence from the Saint John Free Public Library, the Saint John Transit Commission, the Saint John Trade and Convention Centre, Festival By The Sea, the Rotary Boys and Girls Club, the Lord Beaverbrook Rink, the Cherry Brook Zoo, and the Saint John Horticultural Association; and recommending that Council refer these submissions to staff for inclusion in the preliminary budget now being prepared, be referred to the City Manager. Question being taken, the motion was carried. 20. Street Closing By-law Amendment Americo Road, Sunrise Park Subdivision On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the report from the City Manager submitting a copy of a tentative subdivision plan with respect to the land for public purposes designation in the Sunrise Park Subdivision (Dante Foriere) at 2219 Loch Lomond Road to which Council assented on March 17, 1997; advising that, although at the time of review of the applicant's proposal in 1996-1997, it was assumed that Americo Road, which was not to be developed or needed, could be automatically deleted and replaced by Waynes Way and the other new streets upon filing of the new subdivision plan, staff has since been advised that a formal street closure (by by-law) is necessary in order to bring about this change in the street pattern; and recommending that Common Council (1) authorize advertising of its intention to consider a by-law to stop up and close Americo Road; (2) in the event that the by-law to stop up and close Americo Road is enacted, authorize the transfer of the closed portions to the developer of the Sunrise Park Subdivision; and (3) authorize the Mayor and Common Clerk to execute all necessary documents with respect to the above matters, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 21. Revisions To 2000 Capital ProQram For Transportation Read a report from the City Manager submitting a copy of a letter from the Minister of Transportation, dated May 23, 2000, advising that the City of Saint John will receive funding for the Provincial component associated with asphalt resurfacing of Route #100 (Bridge Road) from Simms Corner to the Reversing Falls Bridge, and the Department of Transportation will assist in funding the engineering design for the future upgrading and widening of Route #100 (Rothesay Avenue) from McAllister Drive to Tim 88-95 COMMON COUNCIL JULY 17,2000 Street, and also allocate funds for the 2000 invoice for the Bayside Drive agreement, representing the final payment of the amortization schedule which started in 1981; and advising that, as the Department of Transportation will not support the Loch Lomond Road project because of what it explains to be a change of philosophy, the full portion of this project will not be completed in this year, and the long-term consequences for the change in philosophy will be significant for the municipality as it represents a further reduction in the Province's commitment to its Provincially designated highways. The report also advises that, with the elimination of the Provincial share of funding associated with Loch Lomond Road, the redistribution of funds required will not change the Capital Program for the City share, although City forces will be called upon to carry out the revised scope of this capital work; and submits changes to the 2000 Transportation Capital Program. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2000 Capital Program for Transportation as outlined in the above report and submissions from the City Manager. Question being taken, the motion was carried. 22. Handling Of Crane Mountain Leachate Lancaster Wastewater Treatment Plant On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager responding to questions asked at Council's May 1, 2000 meeting in dealing with a report on the matter of the handling of Crane Mountain leachate at the Lancaster wastewater treatment plant, such questions related primarily to having a more complete set of information for the Year 2000 and the impact of the leachate on the treatment process at the Lancaster facility, as well as on the relationship between precipitation and leachate received, operational problems, make-up of the leachate, and additional charges that might be levied for material received over the 4000 mg/1 By-law standard, be received and filed. Question being taken, the motion was carried. 23. City Of Saint John Travel Policv For Emplovees On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the submitted City of Saint John Travel Policy for Employees be adopted. Question being taken, the motion was carried. 24. Request For FundinQ For Community Garden Project Consideration was given to a report from the City Manager commenting on the community garden project further to the Greater Saint John Community Garden Committee's request to Council on June 19, 2000 for the City to approve Land for Public Purposes funds in order to construct a fence to surround the community garden on the City of Saint John property at Mount Pleasant Avenue; explaining why, in staff's belief, community gardens do not fully meet the test to qualify for funds to be granted from the Land for Public Purposes Fund, and referring to the City Solicitor's report to Council in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) approve that the City land on Mount Pleasant Avenue (formerly the Rockwood Park School site) may be used for the establishment of a 88-96 COMMON COUNCIL JULY 17,2000 community garden, to the extent approved by the Director of Recreation and Parks, subject to the rules contained in Appendix "A" submitted, until such time as the City at its sole discretion decides otherwise; and (2) approve that the City of Saint John contribute a grant up to $5,290 for the installation of a fence to surround the community garden on Mount Pleasant Avenue as per the quote of Fundy Fencing dated June 15, 2000. The Mayor expressed concern about the cost of the fence and asked if it could be reused if the project were not successful, and Mr. Butler advised that it could be reused and relocated. Councillor Court suggested that snow fencing would be as effective as the type of fence proposed; and Councillor Titus advised that he would not support the expenditure of funds as the City could not afford it and there should be a less-expensive alternative to the fence proposed. The Mayor asked if the mover and seconder of the motion would agree to deal with the motion in two separate parts, whereupon Councillor Titus advised that he would move such a motion, and Councillor Fitzpatrick, mover of the motion, indicated in the negative. Question being taken, the motion was carried with the Mayor and Councillors Court, Desmond and Titus voting "nay". 25. Summer Update - Tourism Department On motion of Councillor White Seconded by Councillor Titus RESOLVED that the report from the City Manager updating Council on a number of summer projects initiated by the Saint John Visitor and Convention Bureau which involve working closely with community groups, local businesses and organizations, be received and filed. Question being taken, the motion was carried. *25A. AQreement With EnbridQe Gas New Brunswick On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the City Manager be authorized to finalize negotiations for an operating agreement with Enbridge Gas New Brunswick Inc. based on the framework submitted by the City Manager. Mr. Woods highlighted the framework for the operating agreement. Councillor Fitzpatrick advised that he would not support the motion on the basis that the City of Saint John owns the street rights-of-way and should be compensated by Enbridge Gas New Brunswick Inc. for its use of them. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay".. 25B. Travel Policv For Elected Officials On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, the submitted Travel Policy for Elected Officials be adopted. Question being taken, the motion was carried. 26. Parking Meter By-law Amendment ParkinQ Lot At 13-19 Charlotte Street Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-law amendment regarding the newly created parking lot at 13-19 Charlotte Street, which was given first and second readings on July 4, 2000. 88-97 COMMON COUNCIL JULY 17,2000 On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number M-118-11 A By-law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to the parking lot at 13-19 Charlotte Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number M-118-11 A By-law To Provide For the Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. 27. Request For Land For Public Purposes For Community Garden On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the report from the City Solicitor referring to the June 19, 2000 request of the Chairman of the Greater Saint John Community Garden Committee for money from the City's Land for Public Purposes Fund to erect a fence enclosing the garden plots established on City property opposite the entrance to Rockwood Park; and expressing the view that the feature of the community garden in that it will be exclusively of possession given for the entire gardening season to those who obtain plots in it makes it difficult to grant the request; however, having had the opportunity to read the City Manager's report on this matter, that it is clearly within Council's authority to adopt, if it wishes, the City Manager's recommendation, be received and filed. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting as he was not present for the July 4,2000 public hearing for the proposed re-zoning of 5-7 Boars Head Road.) 28. Zoning By-law Amendment To Re-Zone 5-7 Boars Head Road On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-533 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 5-9 Boars Head Road, having an area of approximately 3407 square metres (36,675 square feet), also identified as being a portion of NBGIC Number 55115042, from "R-1 B" One Family Residential to "R- 2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-533 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting.) 30. 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 88-98 COMMON COUNCIL JULY 17,2000 The Committee of the Whole reports Your Committee reports that it sat on Tuesday, July 4, 2000, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, (1) Council instruct staff to bring forward the reconstruction of Moore Street as a capital project in 2000; (2) Council accept the offer of L.S.O. Enterprises Ltd. to undertake the necessary work on Moore Street from Sta. 0+000 to Sta. 0+180 as shown on the submitted diagram in conjunction with other work to be done in the area by L.S.O. Enterprises Ltd., in order to facilitate the development, and all plans must first be approved by the Chief City Engineer; (3) Council fix the City's contribution to this municipal capital project as follows: $203,000 plus HST toward the cost of excavation, piping material, granular material and labour necessary to replace the water, sanitary and storm systems located within the public right-of-way, and $90,000 plus HST toward the cost of asphalt, concrete and labour necessary to resurface the public street; (4) the payment of the $203,000 be made upon the satisfactory completion of this work as verified by the Chief City Engineer; (5) the payment of $90,000 be made in fifteen equal installments of $6,000 each upon substantial completion of each of the first fifteen units as determined by the City's Building Inspector; (6) L.S.O. Enterprises Ltd. be encouraged to move as quickly as possible on this development and that it be thanked for its estimated contribution of $89,000 toward the rebuilding of the public street; and (7) the City Solicitor be instructed to prepare the necessary agreements to effect this transaction, and the Mayor and Common Clerk be authorized to execute the agreements upon finalization. July 17, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 30.1. Reconstruction Of Moore Street On motion of Councillor Ball Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 31. Planning Advisory Committee Subdivision 30 Fishermans Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted Giuliano Debortoli Subdivision, Peggy's Lane, located at 30 Fishermans Road (NBGIC Number 395772), with respect to the proposed 96 square metre (1,033 square foot) widening of Peggy's Lane as a public street. Question being taken, the motion was carried with Councillor Desmond voting "nay". 32. Saint John Board of Police Commissioners Saint John Police Force 2001 OperatinQ BudQet On motion of Councillor Ball Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners advising that it is now prepared to present the Report on Organizational and Financial Options for the Saint John Police Force's 2001 88-99 COMMON COUNCIL JULY 17,2000 Operating Budget, and requesting an appointment with Common Council, be received and the Commission be invited to present its report in open session at a date arranged with the Common Clerk. Question being taken, the motion was carried. 33. Saint John Board Of Police Commissioners Truck Traffic On Champlain Drive On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the Saint John Board of Police Commissioners submitting, further to Council's meeting of June 12, 2000, a copy of a report from the Chief of Police on truck traffic on Champlain Drive, be received and filed. Question being taken, the motion was carried. 34. Saint John Transit Commission June 2000 Election Of Officers On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Transit Commission advising of the appointment of N. Andrew Britton as Commission Chairman to replace retiring Chairman Peter Gaulton, and the appointment of Susan Isaccs-Lubin as Vice Chairman, replacing N. Andrew Britton, be received and filed. Question being taken, the motion was carried. 35. Minister Of Environment And Local Government DesiQnation Of BuildinQ Inspector & Chief City EnQineer On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from The Honourable Kim Jardine, Minister of Environment and Local Government, acknowledging Common Council resolution of May 1, 2000 designating the Building Inspector and the Chief City Engineer as persons who may exercise the powers set out in the Municipalities Act for the purposes of removing or demolishing any building, structure, obstruction or encroachment upon a street of the City of Saint John; and advising that, as previously stated in a January 7, 1987 letter of then Minister of Municipal Affairs and Environment, it is a condition of this designation that all such actions shall be taken at the sole risk and expense of the City of Saint John and that, should any action or application to the Court of Queen's Bench of New Brunswick be required in pursuance of those powers, the action or application will be styled in the name of the Minister's designate, rather than in the name of the office, be received and filed. Question being taken, the motion was carried. 36. Saint John Horticultural Association Re Visit Canada Visitez Project On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Saint John Horticultural Association expressing concern over several matters respecting the Visit Canada Visitez Canada Trail project for which, apparently, there is no site allocated in the City of Saint John; advising that the Association has not had an opportunity to fully review the concepts; and suggesting that, until such time as fuller information is made 88-100 COMMON COUNCIL JULY 17,2000 available (notwithstanding the excellent promotional presentation that Council may hear), Council defer making any further commitment or approval, at least until the matters mentioned herein have been clarified, be referred to the City Manager. Question being taken, the motion was carried. 37. Stephen Tobias - Arts FundinQ On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the letter from Stephen Tobias referring to funding for the Fredericton Playhouse and his concern with the state of the arts in Saint John in that, at a time when the City of Fredericton and the Province are putting funding into one Fredericton-based company, Saint John is being told that there will potentially be no cultural funding available in the next Municipal budget; and urging the Mayor and Council to lobby the Provincial Government on behalf of all Saint John-based arts organizations, be referred for discussion with item 11 on the agenda of this meeting to take into consideration when meeting with the Province on funding issues. Question being taken, the motion was carried. 38. Cherry Brook Zoo Re Future Of Zoo On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the Board of Trustees of the Cherry Brook Zoo submitting its (a) audited financial statements for fiscal year 1999, (2) statements of revenue and disbursement for the current year, and (c) budget for ensuing year / budget rationale; and asking to meet with the Mayor and members of Common Council in Committee of the Whole to discuss the future of the Cherry Brook Zoo, be referred to the City Manager and the Common Clerk to set up a time for a budget presentation in open session of Council. Question being taken, the motion was carried. 39. FCM Members' Advisory - Call For Resolutions For Board Of Directors On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the advisory from the Federation of Canadian Municipalities calling for resolutions for consideration by the FCM National Board of Directors in September 2000, be referred to the City Manager. Question being taken, the motion was carried. 40. Environment And Local Government Re Advisorv On Raccoon Rabies Movement On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Municipal Government Services Branch of the Department of Environment and Local Government submitting a letter from Dr. Wayne MacDonald, Acting Chief Medical Officer of Health, on the movement of raccoon rabies as it has progressed through the US eastern seaboard and including information on the West Nile Virus, be referred to the City Manager and a copy be forwarded to the Animal Rescue League. The initial motion to receive and file and forward a copy of the above letter to the Animal Rescue League was, with the consent of the mover and seconder, changed to that above upon Councillor Titus' suggestion that, as specific action was requested, referral to the City Manager should be included. 88-101 COMMON COUNCIL JULY 17,2000 Question being taken, the motion was carried. 41. City Of Toronto - Board Of Health Venomous Snake Report On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from the City of Toronto, Ontario, submitting for Council's information and any attention deemed necessary Clause No.1 of Report No.3 of the Board of Health, headed "Venomous Snake", which was adopted, as amended, by the Council of the City of Toronto, at its meeting on June 7,8 and 9, 2000, be referred to the City Manager. Question being taken, the motion was carried. 42. Arthur Melanson - Street LiQht On Wentworth Street On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from Arthur Melanson requesting that a street light bulb be replaced on Wentworth Street across from The Gothic Arches (formerly Centenary Queen Square United Church), with a brighter high-pressure sodium orange light, and for approval in support of Philip Huggard's efforts to save this property, be referred to the City Manager. Question being taken, the motion was carried. 43. Tobias Foods Ltd. - Zoning By-law Amendment Re 511 Somerset Street On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the application of Tobias Foods Ltd. for a Zoning By-law amendment with regard to property located at 511 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 28,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 44. Thomas Developments Ltd. - Re-Zoning Of Property At 1384 Old Black River Road On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the revised application of Thomas Developments Ltd. for the re-zoning of property located at 1384 Old Black River Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 28,2000, at 7:00 o'clock p.m.; and further that the resolution adopted by Council at its July 4, 2000 meeting with regard to the initial application be rescinded. Question being taken, the motion was carried. 45. Steven Mullin - ParkinQ On Woodville Road On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Steven Mullin advising of the disappointment of the residents of Woodville Road in Council's 88-102 COMMON COUNCIL JULY 17,2000 decision not to reinstate parking on the south side of Woodville Road and proposing one-hour parking in this area, be received and filed. Question being taken, the motion was carried. 45A. Robert Tucker - Street Sidewalk Access On motion of Councillor Ball Seconded by Councillor Titus RESOLVED that the letter from Robert Tucker bringing to Council's attention a major problem respecting City street sidewalk access in that the City has undertaken a program of wheelchair access to sidewalks where there is a street crossing which, under the present method of construction, does not enable handicapped persons to use a power chair to get from the street to the sidewalk as, instead of a smooth access, there is a small curb at the street level; and advising that he would be pleased to discuss the best methods of any ramp construction for power chairs with City staff when Council gives a direction that the present procedure be changed, be referred to the City Manager and the Ability Advisory Committee for a report to Council. Question being taken, the motion was carried. 45B. James R. & Jean Anderson Re-ZoninQ 265 Somerset Street On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of James R. and Jean Anderson for the re-zoning of property located at 265 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 28,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor, in adjourning the meeting, advised the intent for Council to commence its regular meeting in open session on July 31,2000 at 4:00 o'clock p.m. for a presentation of the Water and Wastewater Strategy and, following a recess at 6:00 o'clock p.m., to reconvene at 7:00 o'clock p.m. for public hearings and the remainder of the agenda items. Common Clerk