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2001-08-20_Minutes 88-612 COMMON COUNCIL AUGUST 20, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of August, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; 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; G. Yeomans, Comptroller; G. Tait, Fire Chief; A Bodechon, Deputy Chief of Police; Ms. C. Mosher, Assistant Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 7,2001, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Re-ZoninQ Of 815 Loch Lomond Road The Assistant Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1988 re-zoning to "B-2" General Business classification, and as further amended in 1997, of the property situated at 815 Loch Lomond Road (NBGIC Number 436667), to permit the use of the property for a daycare facility, in addition to those uses already permitted, as requested by Richard and Ruth Dignard, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 14, 2001 meeting at which the applicant, Richard Dignard, stated he was in favour of staff's recommendation and no other person appeared; and recommending that Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of 815 Loch Lomond Road (NBGIC Number 436667), to "B-2" General Business classification and as further amended in 1997, to permit the use of the property to include a daycare facility, in addition to those uses already permitted. Richard Dignard, appearing in support of his application, stated he was in favour of staff's recommendation, and requested approval of an amendment to the Section 39 conditions for 815 Loch Lomond Road which would allow the property to be used as a daycare facility. Mr. Dignard advised that a complete fire system has been installed, there is ample parking at the subject property, and all regulations set out by New Brunswick Family and Community Services have been met, with a valid license for a daycare facility having been issued for the operation. 88-613 COMMON COUNCIL AUGUST 20, 2001 On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of 815 Loch Lomond Road (NBGIC Number 436667) to "B-2" General Business classification and as further amended in 1997, to permit the use of the property to include a daycare facility, in addition to those uses already permitted. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone Various Parcels Of Land In Central Peninsula The Assistant Common Clerk advised that the necessary advertising was completed for the proposed re-zoning of the following parcels of land in the Central Peninsula: (1) from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification, 149-161 Waterloo Street, 7-21 Castle Street and 20-28 Golding Street (NBGIC Numbers 00015990,00014456,00013284,00013292, 00013300,00013318,00014472 and 00014480),91-95 Orange Street and 260-262 Princess Street (NBGIC Numbers 55062970,00007716,55062962,55062988, 00008433 and 55062954), local common to rear of 106-120 Pitt Street (NBGIC Number 00000004), 149-153 Canterbury Street (NBGIC Numbers 00005900,00005918 and 00005926),88-126 St. James Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00005900, 00005918 and 00005926),88-126 St. James Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00002246,00002402, 55025332,00001834,00001842, 00001859, 00001867, 00001875, 00001883, 55125421,00001891,00001909,00001917,00002238 and 55153118), and 63 Broadview Avenue (NBGIC Numbers 00000240 and 55034490); (2) from "RM-1" Three Storey Multiple Residential to "IL-2" Major Institutional classification, 127 Carleton Street and 66 Sewell Street (NBGIC Numbers 00038489 and 00037580); and (3) from "RM-1" Three Storey Multiple Residential and "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, 27-45 Charles Street, 50-58 City Road, 90 City Road and 66 Garden Street (NBGIC Numbers 00015271,00015263,00015198,00016170, 00016188,00015180 and portions of 00014787,00014746 and adjacent local common), to place the parcels in appropriate zone categories that correspond to their present uses, as initiated by the City of Saint John, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 14, 2001 meeting at which there were no presentations and no letters received in response to the public advertisement; and recommending that Common Council re-zone the parcels of land at: (1) 149-161 Waterloo Street, 7-21 Castle Street and 20-28 Golding Street (NBGIC Numbers 00013284,00013292,00013300,00014456, 00015990,00013318,00014480 and 00014472), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (2) 91-95 Orange Street (NBGIC Numbers 00007716,55062970,55062988,55062954,00008433 and 55062962), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (3) Local Common to the rear of 106-120 Pitt Street (NBGIC Number 00000004), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (4) 149-153 Canterbury Street (NBGIC Numbers 00005900,00005918 and 00005926), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (5) 88-126 St. James Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00002402,55025332, 00001834,00001842,00001859,00001867, 00001875, 00001883, 55153118, 5125421, 00001891,00001909,00001917,00002246 and 00002238), from "RM-1" Three Storey 88-614 COMMON COUNCIL AUGUST 20, 2001 Multiple Residential to "RM-IF" Multiple Residentiallnfill; (6) 63 Broadview Avenue (NBGIC Numbers 00000240 and 55034490), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (7) 127 Carleton Street and 66 Sewell Street (NBGIC Numbers 00037580 and 00038489), from "RM-1" Three Storey Multiple Residential to "IL-2" Major Institutional classification; and (8) 27-45 Charles Street, 50-58 City Road and 66 Garden Street (NBGIC Numbers 00015271, 00015263,00015198,00016170,00016188,900015180 and portions of 00014746 and 00014787), from "RM-1" Three Storey Multiple Residential to "B-2" General Business classification. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcels of land at: (1) 149-161 Waterloo Street, 7-21 Castle Street and 20-28 Golding Street (NBGIC Numbers 00013284,00013292,00013300,00014456, 00015990, 00013318, 00014480 and 00014472), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (2) 91-95 Orange Street (NBGIC Numbers 00007716,55062970,55062988,55062954,00008433 and 55062962), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (3) Local Common to the rear of 106-120 Pitt Street (NBGIC Number 00000004), from "RM- 1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (4) 149-153 Canterbury Street (NBGIC Numbers 00005900,00005918 and 00005926), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (5) 88-126 St. James Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00002402,55025332,00001834,00001842, 00001859, 00001867, 00001875,00001883,55153118,55125421, 00001891, 00001909, 00001917, 00002246 and 00002238), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill; (6) 63 Broadview Avenue (NBGIC Numbers 00000240 and 55034490), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (7) 127 Carleton Street and 66 Sewell Street (NBGIC Numbers 00037580 and 00038489), from "RM-1" Three Storey Multiple Residential to "IL-2" Major Institutional classification; and (8) 27-45 Charles Street, 50-58 City Road and 66 Garden Street (NBGIC Numbers 00015271,00015263,00015198, 00016170,00016188,00015180 and portions of 00014746 and 00014787), from "RM-1" Three Storey Multiple Residential to "B-2" General Business 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 Titus Seconded by Deputy Mayor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcels of land at: (1) 149-161 Waterloo Street, 7-21 Castle Street and 20-28 Golding Street (NBGIC Numbers 00013284,00013292,00013300,00014456, 00015990, 00013318, 00014480 and 00014472), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (2) 91-95 Orange Street (NBGIC Numbers 00007716,55062970,55062988,55062954,00008433 and 55062962), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (3) Local Common to the rear of 106-120 Pitt Street (NBGIC Number 00000004), from "RM- 1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (4) 149-153 Canterbury Street (NBGIC Numbers 00005900,00005918 and 00005926), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (5) 88-126 St. James Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00002402,55025332,00001834,00001842, 00001859, 00001867, 00001875,00001883,55153118,55125421, 00001891, 00001909, 00001917, 00002246 and 00002238), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill; (6) 63 Broadview Avenue (NBGIC Numbers 00000240 and 55034490), from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (7) 127 Carleton Street and 66 Sewell Street (NBGIC Numbers 00037580 and 00038489), from "RM-1" Three Storey Multiple Residential to 88-615 COMMON COUNCIL AUGUST 20, 2001 "IL-2" Major Institutional classification; and (8) 27-45 Charles Street, 50-58 City Road and 66 Garden Street (NBGIC Numbers 00015271,00015263,00015198, 00016170,00016188,00015180 and portions of 00014746 and 00014787), from "RM-1" Three Storey Multiple Residential to "B-2" General Business 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 Titus Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6. Review Of Council Salary And Benefit Details Consideration was given to a letter from Mayor McAlary referring to the Council Travel Policy Committee established by a resolution of Committee of the Whole to discuss the per diem rate of $125 per day for travel and administrative and policy issues of the per diem, this Committee consisting of the Mayor, Deputy Mayor White and Councillors Desmond, Fitzgerald and Trites; also referring to the approval in Committee of the Whole on August 7, 2001 to engage Michael C. Ircha of the University of New Brunswick in Fredericton to review the salary and benefit details and work with the Committee to establish a recommendation to be presented to Council; submitting Mr. Ircha's biography; and suggesting that Council approve a resolution to engage him for this review. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that Michael C. Ircha of the University of New Brunswick in Fredericton be engaged to review the Council salary and benefit details and to work with the Council Travel Policy Committee to establish a recommendation to be presented to Council. Mayor McAlary advised that Dr. Ircha's fee would be $800.00 plus expenses and he would be carrying out his review over the next couple of weeks with a decision expected by the end of September. Question being taken, the motion was carried. 7. Tillev Monument - KinQ's Square On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that as proposed in the letter from Councillor Teed, the City Manager be requested to initiate steps to determine if it is feasible to have the names of the first ten members of the Canadian Parliament engraved on the Tilley monument in King's Square, the cost of same and possible methods of funding, with the suggestion that the New Brunswick Historical Society and the Canadian Citizenship Federation be contacted for suggestions and views. Mayor McAlary suggested that the matter should be referred to the Historical Society for its views. Question being taken, the motion was lost, with Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, and Titus voting "nay". 8. Re Donated Carved Clock 88-616 COMMON COUNCIL AUGUST 20, 2001 Consideration was given to a letter from Councillor Teed referring to Gregory Walsh's recent donation of a most valuable heritage clock to the City of Saint John which was mounted on the south wall in the reception room on the 8th floor of City Hall and unveiled at a presentation ceremony on August 9, 2001; and proposing that, while small token gifts given to the City may be accepted on the City's behalf by the Mayor, a gift of substantial value should be formally accepted by the Council of the day as has been done in the past. Councillor Teed asked that, as it is now his understanding that a contract may be forthcoming for maintenance of the clock, the matter be tabled until the next meeting. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be laid on the table until the next meeting of Council. Question being taken, the tabling motion was carried. 9. DecreasinQ Population Of City Read a letter from Councillor Teed expressing concern about the diminution in population of the City of Saint John, particularly in the center core or the peninsula which in recent years has shrunk in population from 20,000 to 9,000 inhabitants; and suggesting that it would seem reasonable that an investigation or study should be initiated to determine why people have moved out of the central area and what is needed to have a population build up in the central area. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the Saint John Board of Trade be requested to (a) initiate a study into the facts respecting the decrease of population in the centre core (peninsula) of the City (south of City Road) and what might be done to reverse the decline and to induce more people to seek accommodations in the central area; and (b) make recommendations as to what type of accommodations should be promoted and what action needs to be undertaken to enable persons to live a full life in the City centre area. Councillor Chase suggested that, as this matter did not come under the Board of Trade's mandate, it might be worthwhile initially to refer it to City Planning staff for a report. Councillor Ball expressed the view that, if Uptown Saint John already had information in this regard, Council did not necessary have to spearhead a study; and Deputy Mayor White suggested that, rather than task staff with this issue, Uptown Saint John could be asked to provide the information it has in this regard. Question being taken, the motion was carried with Deputy Mayor White, Councillors Ball and Chase voting "nay". 10. Proposed Committee On SkateboardinQ Consideration was given to a letter from Councillor Teed referring to a recent letter to Council about an incident involving a skateboard striking a citizen in King's Square, and proposing the establishment of a committee on skateboarding. Councillor Teed advised of his receipt earlier this date of a petition in support of the creation of a skateboarding committee. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that Council establish a committee on skateboarding as a recreational activity, such committee to conduct a study on methods of acquiring adequate facilities for skateboarding for the youth of Saint John and recommending (1) the form of operation of any such facilities, such committee to (a) consist of not less than five and not more than eleven members of whom at least 88-617 COMMON COUNCIL AUGUST 20, 2001 two are youth under twenty-two years of age, members to have a term of two years renewable once; (b) establish its own by-laws providing for the chairman, vice-chairman, secretary and other officers as it deems proper and method of operation, and (c) meet at least on a monthly basis and report to Council on its activities at least quarterly; (2) the Recreation and Parks Division be directed to provide assistance in obtaining meeting location and administrated support as the committee may request; and (3) the matter be referred to the Nominating Committee for recommendation for appointment of members. An amendment to the motion was proposed by Councillor Desmond to refer the matter to the Recreation and Parks Advisory Board for input whereupon Councillor Titus, on a point of order, expressed the view that this was a new motion. The Mayor suggested that this matter should be referred to the Vision of Youth Committee in view of its interest in skateboarding, having made a recommendation that a location be found for a skateboard facility. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the establishment of a skateboarding committee be referred to the Vision of Youth Committee. Question being taken, the referral motion was carried. Councillor Fitzgerald expressed the view that, as every week Council is inundated by a number of letters from Councillors, there should be a better way to approach the situation, and suggested that the Mayor should either convene Committee of the Whole meetings earlier and that there be time set aside for a question period for such letters which would be referred to Council as an information package only, and Council members have the opportunity to discuss these items and then they be referred to the appropriate department for action. The Mayor asked if it were Councillor Fitzgerald's intent to refer this issue to her to talk with some of the other Council members to come up with something maybe by the next Council meeting, and Councillor Fitzgerald responded in the affirmative, proposing such a motion. Councillor Fitzpatrick, on a point of order, asked that Councillor Fitzgerald submit something to Council on this, and the Mayor indicated that she would not entertain such a motion at this time because of the number of Council members who would want to speak to it, and asked Councillor Fitzgerald to put a letter on the agenda in this regard. 5. Saint John Amateur Speed Skating Club Ice SkatinQ Surface In East Saint John Consideration was given to a letter from Cathie Hurley, Past-president of the Saint John Amateur Speed Skating Club, requesting, given that Council voted to provide an ice surface in the East End of Saint John, consideration of building an Olympic ice surface (100 feet x 200 feet) to add to the diversity of ice surfaces and also open opportunities to attract national and international events in speed skating, figure skating and hockey. Barbara Clayden, a member of the executive of the Saint John Amateur Speed Skating Club, in addressing Council on behalf of the Speed Skating Club, requested that consideration be given to building an Olympic ice surface, noting Saint John's significant history in speed skating and that the larger ice surface would be safer for speed skaters, and pointing out the possibility of attracting larger skating events to the City. Mayor McAlary noted that the proposal call to design and build a new arena included the cost of an Olympic-size ice surface, and requested that items 5, 14 and 40A on the agenda be grouped together at this time with one resolution referring them to the City Manager for consideration when the proposal calls are received. 14. Lord Beaverbrook Rink - Ice Surface 40A. Speed Skate New Brunswick / Yerxa Sports Clinics Support Of Request For Olvmpic-Size Ice Facilitv On motion of Councillor Desmond Seconded by Deputy Mayor White 88-618 COMMON COUNCIL AUGUST 20, 2001 RESOLVED that the presentation on behalf of the Saint John Amateur Speed Skating Club regarding the design and size of the proposed arena for East Saint John, and the letter from Councillor Teed proposing that the matter of the feasibility of enlarging the ice surface at the Lord Beaverbrook Rink to meet Olympic standards in size be referred to the Recreation and Parks Advisory Board and the Board of the Lord Beaverbrook Rink, and the letters from Speed Skate New Brunswick - New Brunswick Amateur Speed Skating Association Inc., and Yerxa Sports Clinics, in support of an Olympic size ice surface in the City, be referred to the City Manager for consideration when the proposals are received. Question being taken, the motion was carried. 11. June 2009 FCM Conference On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Councillor Titus submitting information on the future dates and locations for FCM conferences, the next open year for hosting being 2009; and requesting that this matter be referred to the City Manager for consideration and action, or a plan of attack, be referred to the City Manager. Question being taken, the motion was carried. 12. SprinQ Cleanup On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Councillor Titus regarding a tipping fee waiver be referred to the budget process. Question being taken, the motion was carried. 13. Creation Of Bv-Iaw For Offensive SiQns Consideration was given to a letter from Councillor Chase regarding the concern of residents of Range Road about signs erected by a resident of that Road which they believe to be offensive and there being no provisions to have these signs removed; advising that, in a discussion with staff on the possibilities of ridding the property in question of these signs, he asked if the creation of a by-law dealing with offensive signs could be constructed and implemented and the answer to this question being with determining if there is legal premise to institute such a by-law in consideration of the Charter of Rights; and expressing the understanding that the City Solicitor would not object to rendering an opinion on this matter, thus he would like support to referring it to the Legal Department for a report. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Legal Department for a report to Council. Question being taken, the motion was carried. 15. City Bv-Iaw Of 1908 RespectinQ KinQ's Square Read a letter from Councillor Teed advising that, having reviewed the matter of the City By-law of 1908 respecting King's Square, there is no question it is being continually broken and, even the recent placing of the tent for Festival by the Sea was in gross violation of the By-law; expressing the view that, when a law is constantly broken and those responsible for the by-laws fail to take corrective action, the principles on which our democratic society is based are eroded and eventually a complete disregard of all laws, which leads to anarchy and the destruction of society as we know it, may be the result; noting that, although Councillor Desmond recognized a failure to enforce a by-law is not in the best interests of society and proposed an alternative 88-619 COMMON COUNCIL AUGUST 20, 2001 remedy, an insufficient number of Council members agreed with his proposal and did not propose an alternative remedy and, as a result, a City By-law is neither being enforced or changed; and proposing that the matter of the City By-law respecting the public use of King's Square be referred to the Recreation and Parks Advisory Board for its consideration and views as to what changes, if any, are desirable or if it is now appropriate to repeal that By-law. Councillor Teed proposed a motion to refer the above matter to the Recreation and Parks Advisory Board and/or the City Manager or both and, in response to the Mayor's suggestion that referral should be to the City Manager as the Board did not make by-laws, he agreed to do so. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Teed regarding the By-law respecting the public use of King's Square be referred to the City Manager. Question being taken, the motion was carried. * Added Items The Mayor called for a motion to add to the agenda of this meeting, as 15A and 15B, respectively, two items that were considered in Committee of the Whole earlier this date, one being the City Solicitor's report on the constitutionality of panhandling/begging legislation, the other being the City Manager's recommendation on an amendment to a lease at the Saint John City Market. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above-mentioned items be added to the agenda of this meeting. Question being taken, the motion was carried. *15A. PanhandlinQ/BeQQinQ LeQislation On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the submitted report from the City Solicitor on the matter of the constitutionality of begging/panhandling legislation be considered in open session of Council and received and filed. Question being taken, the motion was carried. *15B. Amendment to City Market Lease On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize (1) amendments to the lease with Hunter's Ventures Limited for space in the Saint John City Market whereby Hunter's Ventures Limited may include in its product line the following: hard and soft bulk candy, bulk and packaged chocolates, cotton candy, candied applies, fudges, toffees, liquorices, plain and candied popcorn, candy and chocolate-related gift packages; and (2) the Mayor and Common Clerk to execute any documents necessary to give effect to this recommendation. Question being taken, the motion was carried. 16. Re 2002 OperatinQ BudQet 88-620 COMMON COUNCIL AUGUST 20, 2001 Read a letter from the City Manager requesting the opportunity to make an approximate 30-minute presentation to Common Council on financial information that will form the backup for the 2002 Operating Budget deliberations to commence in September, having prepared for the deliberations on the 2002 Operating and Capital Budgets a forecast of operating results for the 2001 fiscal period, an historical trend analysis of operating and capital expenditures, and some "big picture" budget projections for 2002; and advising that, in addition, staff would provide a brief commentary on issues that must be addressed in the coming years. Mr. Beckett, through a computer-aided presentation (copies of which were distributed to Council members earlier this date) on the current status of the General Fund for 2002, projected a deficit of $500,000 for the operating budget, the major causes for this being the extended winter season, the garbage collection contract, street lighting and vehicle maintenance. Mr. Yeomans reviewed the historical trends of operating revenues and expenditures, as well as the forecasted results for the year in which property taxes would account for 70.9% of revenues versus 58.7% in 1991; and pointed out that the tax increase in 2000 was necessitated by the significant reduction in the unconditional grant received by the City. Mr. Beckett, in reviewing the projected 2002 revenue and operating expenditures, advised that it was assumed there would be no increase in the tax rate, with minimal growth of 2.5% expected in the tax base, no change anticipated in the unconditional grant, a 3% inflation impact on expenses expected, and non-tax revenue expected to maintain the same levels; and made the observation that a significant number of expenditures has limited the City's flexibility/discretion and that there were a number of areas where the current expenditure level in place was not adequate to maintain the current level of service, such as roads and streets which are showing the impact of past budget reductions, as well as machinery and equipment, noting the trend over the last several years of capitalizing short life-span expenditures such as information technology and building maintenance. Mr. Beckett spoke to the issue of significant future capital demands in terms of transportation, water and sewerage, waterfront development, bus replacement, a proposed police facility, the replacement of the Simonds Arena, industrial park development and the housing incentive program and, in concluding his presentation, advised that, while he did not foresee any problems with the 2002 budget, he anticipated that, beyond this period with regard to expenditures, it would become very difficult for existing service levels to be maintained at the current tax rate given that the tax base was not keeping pace with current inflation, and that debt levels were approaching maximum tolerable levels, and stressed that now was the time to determine what actions should be taken to reduce this level with a long term plan of 3 to 5 years to focus on the direction for municipal services and expenditure levels. Discussion followed with Mr. Beckett responding to questions in the above regard, and Councillor Chase proposed two motions, which were not seconded, that staff bring in a balanced budget for the current year, and that the Commissioner of Finance and his staff bring in some recommendations on the year 2003 budget and beyond and that those recommendations also reflect a budget that would not see a tax increase; and the Mayor suggested that Council would first have to do the 2002 budget and, as all budget procedure would go through the City Manager, Council could not so direct the Commissioner of Finance. On motion of Councillor Chase Seconded by Councillor Fitzgerald RESOLVED that staff be directed to come back to Council with recommendations on the 2003 budget. Discussion continued during which time Mr. Woods assured that Mr. Beckett's concerns and comments would be taken into full consideration during preparation of not only the 2002 budget but in future planning, and noted that a vast array of other information was needed in order to present a series of coherent, integrated and coordinated recommendations. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the above matter be laid on the table. 88-621 COMMON COUNCIL AUGUST 20, 2001 Question being taken, the tabling motion was carried with Councillors Chase and Fitzgerald voting "nay". 17. EIA Registration #820 -Irving Oil Limited liquefied Natural Gas Marine Terminal Consideration was given to a report from the City Manager advising of the receipt from the Department of Environment and Local Government of the EIA registration for the Irving Oil Limited liquefied natural gas marine terminal project, with the request for initial comments by August 16, including any general concerns and, in particular, any concerns that may not be addressed through the application of other Provincial/Federal regulations; also advising that the initial list of concerns and issues set out herein has been sent to the Department and, if Council has further comments or questions, they will also be provided to the Department for its consideration and, depending on the Minister's decision with respect to the EIA, the City will have further opportunities to provide input. The report includes the rationale for and an overview of the project, and lists other key points made in the application, and compares the proposal to the existing Can aport operation in that, while it involves a different fuel and different facilities, it is in a location next to a similar use, with appropriate land use and zoning designation and at a distance from residential and commercial uses, and the new pipelines are proposed to be located in the right-of-way of existing lines and to be similar to those installed elsewhere for natural gas, and there appears to be a number of issues to be resolved including any municipal responsibilities for fire and emergency services and Red Head Road. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, staff continue to monitor the Irving Oil Limited liquefied natural gas marine terminal project in follow-up discussions with the Department of Environment and Local Government, and report back to Council on further developments. Question being taken, the motion was carried. 18. Coleson Cove Refurbishment Proiect Read a report from the City Manager advising Council on the nature and magnitude of the proposed Coleson Cove refurbishment project, including its potential environmental impact, and requesting that Common Council formally authorize the City to seek intervenor status at the Public Utility Board hearings; providing an overview of the project, including points from the Executive Summary of the application, as well as an initial list of local concerns and issues; and submitting material from a recent presentation to Council by the Environment Committee indicating a number of the issues and concerns regarding the proposed project from a local perspective. On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City (1) register as an intervenor for the Public Utilities Board hearings with regard to the proposed Coleson Cove refurbishment project, and (2) recommend to the Minister of Environment and Local Government that a full environmental impact assessment should be required. Mayor McAlary expressed the view that a letter should be sent from Council to the Minister of Environment and Local Government regarding the environmental impact assessment. (Deputy Mayor White and Councillors Fitzgerald and Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 88-622 COMMON COUNCIL AUGUST 20, 2001 19. Assent To Subdivision Plan - Municipal Services Easement - 26-36 Cliff Street On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council assent to the submitted tentative subdivision plan of 26-36 Cliff Street that would vest the illustrated municipal services easement. Question being taken, the motion was carried. 20. Easement To Permit Encroachment Of DwellinQ At 462 Brian Lane Read a report from the City Manager submitting correspondence from the Legal Department advising of a request from the solicitor for the owner of 462 Brian Lane to permit the existing encroachment of the dwelling at 462 Brian Lane upon Brian Lane, which is a public street running southwardly from Prince Street West, and that the appropriate remedy is to stop up and close a portion of the street and, if closed, a conveyance in fee simple determinable to the owner of 462 Brian Lane. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that (1) the City grant to the owner(s) of 462 Brian Lane an easement to permit the encroachment of their dwelling upon Brian Lane until such time as the encroachment is removed or destroyed and further that the Mayor and Common Clerk be authorized to execute the grant of easement; and (2) Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close that portion of Brian Lane, as shown on the submitted Surveyor's Certificate dated October 26, 1973 and, in the event the said portion of Brian Lane is stopped up and closed, the City convey in fee simple determinable such portion of Brian Lane to the owner of 462 Brian Lane and that the consideration for the purchase be all costs associated with the stopping up and closing, and further that the Mayor and Common Clerk be authorized to execute the transfer and all related documentation. Question being taken, the motion was carried. 21. Maritimes & Northeast Pipeline Proiect - Easement Request Consideration was given to a report from the City Manager referring to Common Council's authorization on May 1,2000 and June 12, 2000 of 13 permanent and 3 temporary construction easements to Maritimes & Northeast Pipeline Limited Partnership (M&NE) for the installation, operation and maintenance of a natural gas pipeline on City-owned lands; advising that the pipeline has since been installed and commissioned and, during the period of construction, M&NE had to deviate from its original design due to unforeseen subsurface conditions, one such deviation having been near Simms Corner in West Saint John at the location where the natural gas pipeline crossed Main Street West had to be positioned a little further east than designed and, as a result, M&NE requires a permanent easement over PID Number 55033138 and has issued the appropriate notice under Section 87(1) of the National Energy Board and submitted an offer of purchase. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John not oppose the notice pursuant to Section 87(1) of the National Energy Board Act respecting PID 55033138 (as submitted hereto) and that the 88-623 COMMON COUNCIL AUGUST 20, 2001 notice be received and filed, and further that the City of Saint John grant an easement to Maritimes & Northeast Pipeline Limited Partnership for the installation of a natural gas pipeline on, under, and along PID 55033138 for $150 + HST on the same terms and conditions as authorized on May 1, 2000, and the Mayor and Common Clerk be authorized to sign the easement agreement. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 22. Licence To Occupy Crown Land Federal Access Road To Bav Ferrv Terminal Read a report from the City Manager advising that permission is required from the Federal Government to enter the Federal access road to the Bay Ferry Terminal to construct the Germain Street West watermain renewal/extension project and, on March 15, 2001, Real Estate and Facility Management commenced negotiations to acquire such permission during which time the Department of Transport indicated that the City's request did not raise concerns and the City would be given a licence to occupy Crown land by the Department, the term of the licence to have a term of a year from the date of licence (to be determined), with consideration of $2.00 CDN. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor and Common Clerk to execute a licence to occupy Crown land to permit entry and use of Germain Street West for the City's watermain extension/renewal project. Question being taken, the motion was carried. 23. Residential Infrastructure Assistance Applications Nos. 4. 5. 6 and 7 (Deputy Mayor White and Councillor Fitzgerald re-entered the meeting.) On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance for: #4 LSO Enterprises Ltd. for the development of seven townhouses on Harbour Lights Terrace on Moore Street, in an estimated amount of $42,000; #5 North Star Holdings Ltd. for the development of 55 single-family homes in the West Side Estates subdivision on Stewart Street, in an estimated amount of $162,000; #6 Blanchard Homes Ltd. for the development of 8 lots for one-and two-family homes in McNaughton Place in the Bon Accord Subdivision - Phase 7, in an estimated amount of $48,000; and #7 512513 NB Ltd. for the development of 80 lots in the Cedar Point Anchorage development at 554 Woodward Avenue, in an estimated amount of $150,000. Question being taken, the motion was carried. 24. Tender For Contract 2001-19 On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 2001-19, Manners Sutton Road sewage pumping station, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $182,300, 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. 25. Tender For Contract 2001-6 88-624 COMMON COUNCIL AUGUST 20, 2001 Consideration was given to a report from the City Manager recommend- ing that Contact 2001-6, King Street sidewalk improvements, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $226,927.80, as based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor Chase Seconded by Councillor Fitzgerald RESOLVED that the above recommendation be denied. Councillor Chase, referencing Council's previous discussion on the King Street brick sidewalk replacement, asked Council's support for the motion to deny the recommendation and direct staff to seek another tender on stamped concrete, on the basis that the price was over-budget, and stamped concrete was far superior in durability and less costly. During discussion, Councillor Titus suggested that, rather than denying the recommendation, the matter could be tabled until the next meeting to see if the budget shortfall could be saved by not putting in packed bricks. On motion of Councillor Titus Seconded by Councillor Teed RESOLVED that Contract 2001-6 be laid on the table until the September 4, 2001 Council meeting for a staff report on the above issue. Question being taken, the tabling motion was carried. 26. Amendment To Policy On Land For Public Purposes Trust Fund Consideration was given to the report from the City Manager, which was tabled at the last meeting, recommending an amendment to the policy on the Land for Public Purposes Trust Fund, which was adopted by Common Council on November 6, 1995 under the authority of the Community Planning Act. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried with Councillors Desmond, Fitzpatrick and Titus voting "nay". The Mayor expressed the understanding that the above report was tabled so that the Council members would have a chance to read it; and Mr. Woods advised that he spoke to Councillor Trites on Friday at which time he indicated that he had no problem with Council proceeding on this issue. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) adopt the proposed Project Evaluation Guidelines contained in the above report; (2) the Policies For The Acceptance Of Land For Public Purposes And Use Of LPP Funds previously adopted by Council on November 6, 1995 be amended by adding the Project Evaluation Guidelines as Policy 7(d); (3) this amendment be implemented immediately, with the first deadline for applications being October 31, 2001, and further that (4) outstanding applications for funding from the LPP Trust Fund that have been received prior to this date be considered based on the policy in place when the application was made to Common Council. Councillor Titus expressed concern that any monies from other government sources was to be excluded when considering monies and in-kind contributions that the community contributed to a project as matching funds, as that 88-625 COMMON COUNCIL AUGUST 20, 2001 might hurt areas that can least afford to have that source of money excluded, and suggested that that should be taken out of the guidelines, and also about maintenance of the playground equipment. Mr. Butler noted the inclusion in the proposed guidelines that Common Council at its sole discretion may choose to provide LPP funding to a project as it deems appropriate, and advised that the City maintained playgrounds on City property, as well as many of the ones on school property. Councillor Fitzgerald concurred with the concern about the City not matching other government monies and that that should be deleted from the guidelines, and Mr. Woods made the observation that other government funding could go toward the project but would not be matched by the City. Question being taken, the motion was carried with Councillors Fitzgerald and Titus voting "nay". 27. Municipal Plan Amendment & Re-ZoninQ 96 Stan lev Street Read a letter from the Assistant Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Gardner Electric Ltd. for property located at 96 Stanley Street, and no written objections were received in this regard. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the application of Gardner Electric Ltd. for a Municipal Plan amendment and re-zoning of property located at 96 Stanley 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, October 1,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 28. 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, July 23, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the Nominating Committee, Julie Esselmont and Douglas Finlay be appointed to the Saint John Transit Commission for a term of three years. August 20, 2001 Saint John, N.B. Respectfully submitted, (sgd) Shirley McAlary, C h air man. 28.1 Appointment To Transit Commission On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 88-626 COMMON COUNCIL AUGUST 20, 2001 29. 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 Tuesday, August 7,2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John grant a license to 056975 N.B. Ltd. for the purpose of constructing, operating and maintaining a boat dock and stairway on a portion of PID 36616 located at Reversing Falls (as generally shown on the submitted plan) on terms and conditions contained in the submitted license, and the Mayor and Common Clerk be authorized to execute the license agreement. August 20,2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 29.1. License For Boat Dock & Stairway On Property At ReversinQ Falls On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 30. Planning Advisory Committee - Vesting Of Falls View Drive As Public Street On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plan of 200 Bridge Street that would vest Falls View Drive as a public street. Question being taken, the motion was carried. 31. Planning Advisory Committee - Land For Public Purposes Dedication - 356 Elderslev Avenue On motion of Councillor Ball Seconded by Councillor Teed RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced Fundy Bay Holdings Ltd. tentative subdivision plan of 356 Eldersley Avenue that would vest a 1.5-hectare (3.7-acre) Land for Public Purposes parcel, which would provide a Land for Public Purposes credit for the future residential development of the subject property. (Councillor Fitzgerald withdrew from the meeting.) Question being taken, the motion was carried. 88-627 COMMON COUNCIL AUGUST 20, 2001 32. Planning Advisory Committee Subdivision 2550 Loch Lomond Road On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted Little River Estates Subdivision (Phase 1) tentative subdivision plan of 2550 Loch Lomond Road, and to any required municipal services or public utility easements; (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; (3) assent to the requested Land for Public Purposes dedication of 7,180 square metres (77,287 square feet or 1.77 acres) which satisfies the proposed subdivision and provides for a credit of 720 square metres (7,750 square feet) for future residential development; and (4) rescind its condition of August 8, 1988 requiring the subdivision development on the subject property to be connected to the City water system, and now allow all lots to be serviced by drilled wells on the following conditions: (a) all drilled wells on any lot proposed on the subject property must be constructed and maintained at all times in a manner acceptable to the N.B. Department of Environment and Local Government as set out in the submitted Appendix A; and (b) a notation must be clearly placed on all subdivision plans relating to this subdivision development indicating the mentioned requirement in clause (a) above for the benefit of future lot purchasers. Referring to section (4) of the proposed resolution, Mr. Nugent noted the reference to a condition of August 8, 1988 and, in (4)(a) to a proposed condition that drilled wells be constructed and maintained in a certain fashion, and advised that two issues arose therefrom, one being the legal status of the condition imposed in 1988 and whether or not there was any particular process that should be followed in order to amend it, and suggested this be referred to him; the other being the issue of potential liability to the City in the future that could be associated with the obligation of assuring that the condition was being honoured, and suggested this issue be referred to the City Manager and to him to examine further and report to Council. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the above matter be laid on the table for review by the City Manager and the City Solicitor. Question being taken, the tabling motion was carried with Councillor Desmond voting "nay". (Councillor Fitzgerald re-entered the meeting.) 33. Planning Advisory Committee - Future Street Assent - 46 McAllister Drive On motion of Councillor Ball Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan of 46 McAllister Drive which will vest, as a future street, an area of 7,862 square metres (1.94 acres). Question being taken, the motion was carried. 34. Planning Advisory Committee - Assent To Municipal Services & Public Utilitv Easements - 285 MillidQe Avenue On motion of Councillor Ball Seconded by Deputy Mayor White 88-628 COMMON COUNCIL AUGUST 20, 2001 RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to one or more subdivision plans of 285 Millidge Avenue in accordance with the severing of the three-unit townhouse into separate lots at the common wall, and to any required municipal services or public utility easements. Question being taken, the motion was carried. 35. Murray Yorke - Road Repairs End Of Point Road. Lorneville On motion of Councillor Ball Seconded by Councillor Teed RESOLVED that the letter from Murray Yorke advising of his efforts to have proper road repair done near the end of Point Road in Lorneville, and requesting Council to thoroughly look into this situation soon, be referred to the City Manager. In response to the Mayor, Mr. Galbraith advised that the above project was approved in the 2001 Capital Program and design was now underway on it, and it was suggested that staff should advise Mr. Yorke accordingly. Question being taken, the motion was carried. 36. Simonds Middle School - Stinger Field Fund RaisinQ Committee - Appreciation For Funds On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the letter from the Principal of the Simonds Middle School expressing appreciation for the City's major contribution to the Stinger Field Fund Raising Committee in providing an excellent athletic facility for the students and the community to enjoy, be received and filed. Question being taken, the motion was carried. 37. Marv DouQlas - Non-Kill Animal Shelters Consideration was given to a letter from Mary Douglas submitting information on non-kill animal shelters as a humane way of dealing with unwanted pets, and requesting a letter of support of her efforts to open such a shelter for animals. A motion was proposed by Councillor Fitzpatrick and seconded by Deputy Mayor White that the letter from Mary Douglas be referred to the Animal Rescue League. The Mayor suggested that, in view of the cost involved, the method proposed by Ms. Douglas would have to be undertaken by a private company, and Councillor Titus noted Ms. Douglas' indication in her letter that she was asking for a letter showing the jurisdiction's support for her efforts, and suggested that a letter should be sent to her indicating that Council supported her efforts. The mover and seconder agreed to change the motion accordingly. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that a letter of support be sent to Mary Douglas regarding her efforts to open a non-kill animal shelter. Question being taken, the motion was carried. 38. Justin Robinson - Plan For Future On motion of Councillor Fitzpatrick Seconded by Councillor Desmond 88-629 COMMON COUNCIL AUGUST 20, 2001 RESOLVED that the letter from Justin Robinson suggesting that the Council of Saint John look at having a plan for the future, be received and filed. Councillor Teed proposed a motion, which was not seconded, that rather than receive and file the above letter, a letter be forwarded to Mr. Robinson advising him of the approved water and sewerage extensions in the North End of the City as indications of the progress in the City. Question being taken, the motion was carried with Councillors Chase and Teed voting "nay". On a point of order, Councillor Teed asked that, in accordance with Procedural By-law, his reasons for his dissenting vote in the above regard be noted in the minutes of this meeting. 39. Gregory Paterson - Designation Of King Street East As Part Of Trinitv Roval HeritaQe Preservation Area On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Gregory Paterson submitting photographs and a petition from residents, landlords, tenants and property owners of King Street East and requesting Common Council to designate King Street East as part of the Trinity Royal Heritage Preservation area to preserve this historic part of the City's heritage, be referred to the Preservation Review Board for a report to Council. Question being taken, the motion was carried. 40. Cathleen Gardner & Carolyn Lawton - Request For HeritaQe DesiQnation For 266 Lancaster Avenue On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Cathleen Gardner and Carolyn Lawton requesting examination for heritage designation under City by-law for the residence of Mrs. W. E. Earle located at 266 Lancaster Avenue, be referred to the Preservation Review Board. Question being taken, the motion was carried. Adiournment The Mayor, in adjourning the meeting, noted that the next regular meeting of Council in open session was scheduled for Tuesday, September 4, 2001 at 7:00 o'clock. Assistant Common Clerk