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2000-09-18_Minutes 88-163 COMMON COUNCIL SEPTEMBER 18, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of September, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; B. Malone, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; A Bodechon, Deputy Chief of Police; B. Fillmore, Assistant Deputy Chief of Police; A Martin, Assistant Deputy Chief of Police; M. Corscadden, Civilian Executive Officer, 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 Reverend David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on September 11,2000, be approved. Question being taken, the motion was carried. 3. Saint John Parking Commission 1999 Annual Report Mike Brown, Chairman, and Richard Smith, Executive Director, of the Saint John Parking Commission, were present at the meeting with regard to the Commission's previously submitted 1999 Annual Report, and Mr. Brown thanked the Mayor and Council, members of City staff and the Police and Fire Departments for their cooperation and support; noted the Commission's letter, under item 15 on the agenda of this meeting, with respect to free-metered parking; and offered to respond to questions in this regard. The Mayor expressed appreciation for the work done by the members of the Saint John Parking Commission and its staff; and, in response to a question as to the status of parking in Saint John, Mr. Brown noted the South End parking study underway, and advised that the approximate 4,000 parking spaces in the City are considered sufficient at the present time, although there may be needs in areas such as the South End. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the 1999 Annual Report of the Saint John Parking Commission be accepted. Question being taken, the motion was carried. 88-164 COMMON COUNCIL SEPTEMBER 18, 2000 On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that agenda item 15, being the Saint John Parking Commission's report on free-metered parking on Saturdays, be brought forward for consideration at this time. Question being taken, the motion was carried. 15. Saint John Parking Commission Free-Metered ParkinQ On Saturdays On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the report from the Saint John Parking Commission advising the results of the one-year trial period for free- metered parking on Saturday in Uptown Saint John, further to Council's adoption on July 12, 1999 of the Commission's recommendation in this regard; and recommending that Common Council support the recommendation to continue with the present policy of free parking at the parking meters on Saturdays, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 6. RecvclinQ Initiatives Read a letter from Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, advising that he wished to take a few moments to discuss the recycling program currently in place and initiatives that the Commission will be undertaking in the coming year with regard to waste management. Councillor Chase, reading from a prepared statement, advised that, even without having reached a full-year cycle of all recycling depots operating, citizens are depositing on average fifty tonnes per week of recyclable material; and also advised that the Commission would be embarking on an intensive public education campaign to encourage citizens in the Fundy Region to recycle, and, by spring, to carry out a more extensive recycling of waste products with citizens being able to recycle all plastic, not just the number two plastic which the recycling program currently accepts, and cardboard milk containers, and that this initiative has developed through the encouragement of the Waste Commission, the Minister of the Environment and Local Government The Honourable Kim Jardine and in partnership with the Dairy Council of New Brunswick. Councillor Chase also advised of the Commission's anticipation in the near future for the Province to undertake a waste oil return program in partnership with the product retailers; and, in view of current budget restraints, suggested that, as the City of Saint John pays a fee for each tonne of garbage sent to be buried at the Crane Mountain landfill with a total bill each year to the citizens of Saint John being $2 million, each and every citizen has the power to reduce this bill by simply recycling thereby sending less garbage to be buried, therefore less to be paid for, and the money saved could be used for other City services. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the above letter from Councillor Chase be received and filed. Question being taken, the motion was carried. 7. Design And Construction Management MillidQeville Wastewater Treatment Plant UpQrade On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, the proposal of ADI Limited for engineering services (design and 88-165 COMMON COUNCIL SEPTEMBER 18, 2000 construction management) for the Millidgeville wastewater treatment plant upgrade be accepted, and the Mayor and Common Clerk be authorized to execute the appropriate contract documentation. Question being taken, the motion was carried. 8. Tender For Contract 2000-15 On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2000-15, Bridge Road (Route 100) asphalt resurfacing - Provincially Designated Highways Improvement Program, be awarded to the low tenderer, Lafarge Canada Inc., at the tendered price of $141,427.75, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Titus, in noting the anticipated shortfall of $12,738.02 as no funds were provided in the 2000 Capital Program for Transportation for Bridge Road, asked when the City could expect an answer from the Province as to whether or not it will make up that shortfall, to which Mr. Groody replied that an answer was received today that the Province would be prepared to spend up to $124,000. The Mayor suggested that Council could make an appeal through the Minister of Transportation with respect to the approximate $17,000 difference. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the Minister of Transportation be contacted immediately with respect to the shortfall in the above regard. Question being taken, the motion was carried. 4. Saint John Board Of Police Commissioners Proposed 2001 Saint John Police Force BudQet Consideration was given to a letter from the Saint John Board of Police Commissioners submitting the Report on Organizational and Financial Options - Saint John Police Force: 2001 Budget, as prepared by the Saint John Police Force and presented to the Board by the Chief of Police, the Board having reviewed the report and being fully supportive of it and the recommendation of the Chief, and also submitting a copy of the Saint John Police Force Strategic Plan 1999 - 2002, which is cited throughout the Budget, captures the essence of the Force and provides rationale for future direction. Edward Keyes, Chairman of the Saint John Board of Police Commissioners, in addressing Council, advised that the City Manager's request to the Commission to assess three budget reduction options has caused the Commission to re- examine the legislative basis for policing expenditures and the role of the Saint John Board of Police Commissioners in setting a Police Force budget, and to critically review the purposes for which public funding is spent on policing, and to once again assess the adequacy of policing in Saint John. Mr. Keyes also advised that, while the Commission fully supports the above-mentioned report and its recommendation, the Commission and the Force do not support the position that cross-walk guards be eliminated; and noted the presence at the meeting of Commission members Anne Marie McGrath, William Farren and Ed Lund, members of Police management, and members of the Executive of Local No. 61, CUPE, including Constable David Parks, President, and Constable Kim Phillips. Chief Cogswell, in highlighting the above report on the proposed 2001 Budget for the Saint John Police Force, advised that, allowing for obligations arising from the collective agreement, the City Manager's request for budget reduction scenarios of no increase, a 5% reduction and a 10% reduction would require a budget cut of 88-166 COMMON COUNCIL SEPTEMBER 18, 2000 $465,931, $1,234,299 and $2,002,667, respectively; and made the observation that, while the above report was driven by the City Manager's request to tailor the 2001 police service to three budget reduction options, the Police Act is clear that defining adequate policing determines the appropriate budget level, and the Board has a Provincial and a local context for defining adequate policing. Chief Cogswell summarized the four tools for defining adequate policing in Saint John, including the New Brunswick Policing Standards, the Perivale- Taylor Report, the Saint John Police Force Strategic Plan (1999- 2002), and surveys of the Saint John Police Force public satisfaction (1996, 1999), and addressed the organizational profile of the Saint John Police Force in terms of its 174 sworn officers and 26 civilian staff, and the 82% dedication to staffing of the Force's Year 2000 budget of $15,368,462, the remainder being the Goods and Services portion of which only 28%, or 5% of the total Police Force, is considered discretionary. Chief Cogswell reviewed trends and challenges facing the Force and the manner in which they define the nature of policing in Saint John, and suggested that Council may wish to raise with the Board of Police Commissioners the issue of regionalized municipal police service as a potential economy measure as one worth considering closely and pursuing in the future. Chief Cogswell advised that a Force-wide cost-cutting review identified opportunities for a potential cost saving of $401,000 but it was not clear that all of these could be implemented in the Year 2001 budget and, in any case, the total saving would fall short of the no-increase target requested by the City Manager, the bottom line being that a reduction of police officers would be required to meet any of the budget reduction scenarios as the no-reduction, 5% reduction and 10% reduction budget scenarios would result in staff reductions of 7, 20 and 32 respectively. Chief Cogswell explained that the suggestion with regard to cross-walk guards was not to do away with the program but rather to transfer the money from the Police Force's budget elsewhere as the Force has no control over the budget item and does not administer the program, and the suggestion was made on the basis that the removal of this program could be done without measurable impact on core business and without compromising the provision for adequate policing; thus, if reductions in the Police budget were essential, perhaps it was time to reassess who should be responsible for monitoring the travels of children, as all other opportunities for budget reduction, especially those requiring the elimination of uniformed officer positions, would create a greater risk that adequate policing services would no longer be provided. Chief Cogswell, in conclusion, advised that, as all three requested budget scenarios call for the elimination of police officer positions and he was not prepared to recommend the reduction of police officer positions because to do so would, in his belief, fail to satisfy the Force's primary responsibility to provide and maintain adequate policing in Saint John; and recommended, in keeping with the spirit of the City Manager's request, a 2001 Saint John Police Force budget in the amount of $15,834,393, reflecting the full 2000 Police Force budget plus the commitments for 2001 for the Local 61 2001-2004 collective agreement. During discussion Mr. Keyes confirmed that the recommended 2001 Police Force budget of $15,834,393 would maintain the number in the Force with no lay- offs and also include the money for the cross-walk guards, and clarified the extent of the Saint John Police Force's involvement in the cross-walk guard program for which the Corps of Commissionaires was responsible; and the Mayor thanked Mr. Keyes and Chief Cogswell for the budget presentation and advised that it would be considered during the budget process. 9. Tender For Contract 2000-16 On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2000-16, Westmount Drive - Westmorland Street water and sewer construction, be awarded to the low tenderer, Maguire Excavating Ltd., at the tendered price of $148,841, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract document. Question being taken, the motion was carried. 88-167 COMMON COUNCIL SEPTEMBER 18, 2000 10. Designation Of Building Inspector For Enforcement ProceedinQs, 600 Latimore Lake Road On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Laurie Joseph Arsenault to be the owner of a parcel of land (herein called "the Arsenault property") that is located on the southeast side of the Latimore Lake Road, Saint John, N.B., The Arsenault property has civic number 600 Latimore Lake Road and is designated as parcel number 333385 by the New Brunswick Geographical Information Corporation: AND WHEREAS a portion of the Arsenault property is zoned One and Two Family and Mobile Home Suburban Residential (RS-1 M) and the balance is zoned Rural (RF) under the Saint John Zoning By-law: AND WHEREAS the Arsenault property is being used for the outdoor storage of heavy equipment, contractor's machinery, vehicle and equipment parts, tires and other materials even though such a zone is not permitted under the By-law in either a RS-1 M zone or a RF zone. Notices and an order from the Building Inspector that the aforesaid use cease have been ignored: BE IT RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an order that will require Laurie Joseph Arsenault, within such time as a judge may direct, to cease using, or permitting the use of, the Arsenault property at 600 Latimore Lake Road (NBGIC parcel number 333385), Saint John, N.B., for the outdoor storage of heavy equipment, contractor's machinery, vehicle and equipment parts, tires and other materials. Question being taken, the motion was carried. 11. Subdivision Agreement 177-187 Manners Sutton Road & AmendinQ Contract 2000-9 Consideration was given to a report from the City Manager referring to discussion at the May 10, 1999 public hearing for the re-zoning of lands at 177-187 Manners Sutton Road, concerning the costs associated with, and the responsibility of the developer, concerning sewage lift stations, and to the City Manager's advice to Council on May 17,1999 that there would have to be further negotiations prior to subdivision authorization; also referring to the Planning Advisory Committee's report dated May 5, 1999, under item 14 on the agenda of this meeting, setting out the following recommendations, which are still valid in that while the recommendations contain the standard wording "if and when third reading is given to the proposed amendments", third readings have been given to the amendments to the Municipal Plan and Zoning By-law for the property in question: Common Council (1) assent to one or more subdivision plans, in one or more phases, for the proposed Moorings of Millidgeville Subdivision at 177-187 Manners Sutton Road, with respect to the proposed public street, future street, land for public purposes and any required municipal services easements and public utility easements; (2) authorize the preparation and execution of one or more subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, and (3) authorize cost sharing for any extension of municipal sewer and water facilities outside the limits of the proposed subdivision. The City Manager's report comments on the subsequent negotiations in terms of the history of the property in question, servicing of the area and the proposed cost sharing; and concludes that the recommended division in funding responsibilities agreeable to the developer, and the City contribution will be borne almost 50/50 by the General Budget and the Water and Sewer Capital Budget and, as the Planning Advisory Committee's recommendation was held pending the finalization of negotiations, recommendation numbers 1 and 2 are clearly still in order and appropriate, however, recommendation (3) should be substituted with a detailed recommendation in keeping with the recommendations of this report. The City Manager's report recommends that Common Council (1) adopt 88-168 COMMON COUNCIL SEPTEMBER 18, 2000 recommendation numbers 1 and 2 in the Planning Advisory Committee report, dated May 5, 1999, with regard to the Moorings of Millidgeville Subdivision at 177-187 Manners Sutton Road; (2) not adopt recommendation number 3 in the Planning Advisory Committee report but in its place authorize cost sharing for the extension of services on Manners Sutton Road with the terms as stated herein; and (3) amend Contract 2000-9 with Fairville Construction Ltd. by eliminating the work on Manners Sutton Road which was estimated to be $38,313. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the proposed Moorings of Millidgeville Subdivision at 177-187 Manners Sutton Road, with respect to the proposed public street, future street, land for public purposes and any required municipal services easements and public utility easements; and (2) authorize the preparation and execution of one or more subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; AND FURTHER that as recommended by the City Manager, Common Council (1) not adopt recommendation number 3 in the Planning Advisory Committee report, dated May 5, 1999, with regard to the Moorings of Millidgeville Subdivision at 177 -187 Manners Sutton Road, but in its place authorize cost sharing for the extension of services on Manners Sutton Road with the following terms: (a) Council authorize the developer to extend existing municipal services on Manners Sutton Road (water, sewer and storm) to a new lift station to be constructed by the developer, details of that work to be completed by the developer are provided in drawings A, B, C, D, E and F, as submitted; (b) Council authorize the developer to upgrade and asphalt the western end of Manners Sutton Road from the end of the existing asphalt surface to 170 feet, just beyond the proposed entrance to the Moorings of Millidgeville; (c) the developer agrees to complete all of the necessary infrastructure within the Moorings of Millidgeville as contained in the proposal to the City and as specified in the submitted drawings; (d) in exchange for the developer undertaking improvements as contained in sections (1) and (2), the City will reimburse the developer $202,000; (e) the actual reimbursement will be made only when the Chief City Engineer has given approval that all of the work has been completed; (f) the developer shall reimburse the City $1,000 per unit as each unit is substantially completed in the opinion of the Building Inspector; (g) the City be provided with an option that would provide it the opportunity to advise the developer that it wishes to have a lift station installed that meets City standards, and any additional costs shall be at the expense of the Water Utility, and the City has until October 31, 2000 to advise the developer that it wishes to exercise this option; and (h) the developer shall provide to the City Manager, a letter confirming that financing is in place to ensure that Moorings of Millidgeville can proceed and a copy of the construction contract for the necessary work within the development so as to give assurances that an inventory of serviced lots is available; and (2) amend Contract 2000-9 with Fairville Construction Ltd. by eliminating the work on Manners Sutton Road which was estimated to be $38,313. Councillor Fitzpatrick expressed concern that the developer could be allowed to set up a lift station that would not meet City standards and that the developer was being allowed to go ahead with something that City staff advised Council it should not be doing. Councillor Court advised that he had a problem with (g) above in that, if a substandard lift station were put in and the City did not like it and the decision was made to go ahead, it would be at the expense of the Water Utility, not the developer, and he did not think that was fair to the other taxpayers in the City of Saint John, and he would support the City subsidizing the developer by putting in the proper lift station in the first place. Question being taken, the motion was carried with Councillors Court and Fitzpatrick voting "nay". On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the Planning Advisory Committee report in the above regard, under agenda item 14, be brought forward for consideration at this time. 88-169 COMMON COUNCIL SEPTEMBER 18, 2000 Question being taken, the motion was carried. 14. Planning Advisory Committee Subdivision 177-187 Manners Sutton Road On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the report from the Planning Advisory Committee, dated May 5, 1999, regarding the proposed Moorings of Millidgeville Subdivision at 177-187 Manners Sutton Road, be received and filed. Question being taken, the motion was carried with Councillor Court voting "nay". 5. Mispec Area Residents - DumpinQ Of Debris Read a letter from Shirley Mitchell on behalf of the residents of Mispec advising their concern about the dumping of debris on Mispec Beach and a pit which is mostly owned by the City. Shirley Mitchell, in circulating photographs of the area in question, addressed Council on behalf of concerned citizens in the Mispec Area regarding the dumping in the area of chemical waste debris involved in a fire explosion last September, questioning the need for what she understood to be a reclamation project in an area where there were just two car skeleton bodies and refrigerators dumped in a far corner around which trees and alders were growing, and a fenced-off pit; an area in which seedlings had been planted at its entrance and through which ran a beautiful nature trail, the former having been removed by the Irving Group's bulldozer and the latter destroyed since this operation started. Ms. Mitchell, in commenting on the terrible site and putrid smell of the debris, expressed concern that the citizens had not been notified of this dumping of chemical waste in their area which is adjacent to Mispec River and where there is salmon, clam digging, periwinkle picking, flounder fishing and lobster stored in crates just off Mispec Bay held for buyers to come and which are in jeopardy at this time, and also that the debris, as there are natural springs and two brooks running through it and through natural erosion, will flow into Mispec River and the tides will put it on Mispec Beach where contamination is a high risk. Ms. Mitchell advised the fecal coliform count found in the stream one metre from the walking bridge on the nature trail from which children and adults have been known to drink, as well as the results of a lethal toxicity test done on four fish in the area of the debris; and expressed concern that testing is incomplete as, although at a public meeting residents were told that fifteen to twenty samples would be taken, only three samples were done. Ms. Mitchell asked if Council was willing to risk Mispec Beach being destroyed by this one company when there was ample place for the waste in, and no reason why it could not go to, the regional landfill site, and also if Council was willing to risk liable suits in the future, knowing the devastation that would result from chemical waste dumping in proximity to the Mispec River, Mispec Beach and nature trails, when all this could be a safe operation if ordered to go to the regional landfill site. Mike Bawn, a Mispec resident, advised of his receipt earlier this date of notification from Public Health of the results of one water sample at a site upstream from where the highest level of coliform was found before, and that Public Health agreed that more testing had to be done. As to the extent of the City's involvement in this matter, Mr. Totten advised that, on May 24,2000, the City was asked if it would object to a one-time disposal of paper product at the land parcel in question which was described as being adjacent to City-owned property and essentially if the City would allow entertaining Gulf Operators to cross City-owned land to get to a pit that was owned by the Company, Gulf Operators' other option being to put in another culvert and directly access the pit, and that staff's response was that, if the Department of Environment and the Department of Fisheries approved the site and the Company agreed to restore any forestation and any green space and such on the City's property, staff would not object to that. Mr. Totten added that what he heard from the above presentation was a suggestion that Gulf Operators would be dumping in the City's pit; however, to this point, City staff has not authorized anything along those lines but simply to cross the land to avoid having to put in another culvert. In response to the Mayor's question as to whether or not the 88-170 COMMON COUNCIL SEPTEMBER 18, 2000 residents met with the Department of Environment, Ms. Mitchell advised that they had met with Environment New Brunswick and wanted to meet with Environment Canada as this involved a coastal line. Councillor Court proposed a two-part motion that City staff be sent out to verify where the dumping is taking place and, if the material is being dumped on City land, notification be given to the company involved that it is not to be dumped on City land, and that a letter be sent immediately to the Department of Environment in support of the residents concerned about what materials are being dumped there and that no dumping take place until proper testing has been done. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that City staff verify where the dumping is taking place and, if on City land, give notification to the company involved that it is not to be dumped on City land. Councillor Titus questioned the City's permission on the basis that it seemed to him that it would have to come through Council, and Mr. Totten advised that the letter of approval, dated in May, was signed by Mr. Edwards, the Building Inspector, copied to Messrs. MacKinnon and Butler and the City Manager, and that requests from citizens and industries to cross City land are generally handled on an administrative basis and, when approval was given in this instance, it was with certain conditions and access was not given to the site until Provincial certification was received that Gulf Operators had permission to use its lands, not City lands. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that a letter be forwarded immediately to the Minister of Environment expressing concern on behalf of Mispec area residents regarding the dumping of debris and asking that this be addressed immediately. Councillor Court clarified that the intent of the motion was to express concern based on the information presented to Council and ask Environment to look into the situation, adding that, if there were corrections to be taken, it was the Department's job to do that. Question being taken, the motion was carried. Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, offered, with Council's support, to go to the Commission with the request for it to review the matter and perhaps develop a plan that would be palatable to the whole community, recognizing that the cost involved in depositing the above material in the Crane Mountain landfill would be a one-time cost amounting to close to $400,000 and also recognizing that the J.D. Irving organization has done a lot of things for the community. The Mayor expressed concern about Council agreeing to ask the Commission not to charge one company for depositing in the landfill in that Council could then be inundated with other requests. 12. Traffic By-law Amendment LoadinQ Zone - 333 Main Street Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment, which was given first and second readings at Council's September 11, 2000 meeting, designating a loading zone on Main Street. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made 88-171 COMMON COUNCIL SEPTEMBER 18, 2000 Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to a loading zone on Main Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 13. 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, September 11, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, and White, and your Committee submits the following recommendation, namely: 1. That Council consider first and second readings to the proposed Saint John Taxicab By-law. September 18, 2000, Saint John, N.B. Respectfully submitted, (sgd) Shirley McAlary, C h air man. 13.1. Taxi Bv-Iaw On motion of Councillor Titus Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted: AND FURTHER that the Saint John Taxicab By-law be read a first time. Question being taken, the motion was carried. Read a first time the Saint John Taxicab By-law. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the Saint John Taxicab By-law be read a second time. Question being taken, the motion was carried. Read a second time the Saint John Taxicab By-law. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that third reading of the Saint John Taxicab By-law be considered in four weeks and the Common Clerk be requested to forward copies of the proposed By-law, with the names to be given to her by the Taxi Committee, and the matter of nominees to the Taxi Advisory Committee be referred to the Nominating Committee. Question being taken, the motion was carried. 88-172 COMMON COUNCIL SEPTEMBER 18, 2000 16. Residents Of Meadowlands Subdivision Re City's Report On FloodinQ Problems On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from residents of Meadowland Subdivision advising of their review of the report provided by the City regarding the flooding problems in the Meadowlands Subdivision, and providing additional information for consideration, be received and filed. The Mayor asked if the above letter should be referred to the City Manager and the City Solicitor, and Mr. Nugent advised that the normal course whether or not there was any direction from Council was that he would simply provide a copy of this to the City's insurers and, beyond that, there was no need to direct further action. Question being taken, the motion was carried. 17. "Milk For Mom's" Project - Request For Presentation Of Plaques Of Appreciation On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that with regard to the letter from founders, co-founders and volunteers of the "Milk for Mom's" project explaining why they feel that their privilege was denied to them to appear before the elected Council to present plaques of appreciation to seven outstanding citizens for their time, support and donations; and requesting an appointment to appear before Council in open session to make a brief prevention regarding their organization and this project, Council decline the request for a presentation before Council and offer the Red Room for this presentation. As to the procedure for presentations to Council, the Mayor advised that Mrs. Alberts indicated to her that wanted to recognize individuals for their work on the project and she offered the use of the Red Room to her; and advised that it was her understanding that, when organizations wanted to recognize volunteers, they would do so at a private reception and Council has not entertained such presentations at a Council meeting nor would it be possible to undertake to do so as there could be a number of organizations which would want to make such presentations at Council meetings; and Mrs. Munford advised that the request to her was not to make a presentation to Council but to make a presentation of plaques to citizens. (Councillor Vincent withdrew from the meeting during discussion in the above regard.) Question being taken, the motion was carried. 18. FCM Partners For Climate Protection Program Endorsement Of Resolution On Climate ChanQe On motion of Councillor Desmond Seconded by Councillor White RESOLVED that with regard to letter from the Federation of Canadian Municipalities Partners for Climate Protection Program requesting endorsement of the submitted resolution on climate change, the request be granted and the Mayor be authorized to sign the resolution on behalf of Council and forward it to FCM, including the 1998 ice storm cost to the City of Saint John. At Councillor Titus' suggestion, the mover and seconder of the motion agreed to include the City's cost for the 1998 ice storm in the resolution to FCM. Question being taken, the motion was carried. 88-173 COMMON COUNCIL SEPTEMBER 18, 2000 19. New Brunswick Federation Of Labour Proposed Provincial Memorial Forest On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Blair Doucet, President of the New Brunswick Federation of Labour, asking for an update on a proposal for the establishment of a Provincial memorial forest in Rockwood Park, further to his communication, along with Saint John & District Labour Council President Bill Farren, to Council on February 21, 2000, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Council in open session would be held on Monday, October 2,2000, at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk