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2001-10-01_Minutes 88-672 COMMON COUNCIL OCTOBER 1, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of October, A.D. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Comptroller; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; G. Tait, Fire Chief; Police Sgt. S. Patterson; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Vicars Hodge of St. George's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that minutes of the meeting of Common Council, held on September 17, 2001, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment (b) Re-Zoning Of Property Located At 96 Stan lev Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2A, the Future Land Use Plan, a parcel of land located at 96 Stanley Street (NBGIC Numbers 23747,21774,21782,21970 and 21998), having an area of approximately 17,000 square feet and a frontage of approximately 120 feet on Stanley Street, 220 feet on Summer Street and 50 feet on Winter Street, from Medium Density Residential to Light Industrial classification, and (b) the proposed re-zoning of the same parcel of land from "RM-1" Three Storey Multiple Residential to "1-1" Light Industrial classification, to permit the use of the building and property for an electrical contracting business with outside long-term storage and general office space, as requested by Gardner Electric Ltd., and 3{d) a letter of objection was received from Nancy Riven and Herb Duncan, as well as 3{e) a letter from Raymond F. Glennie of Patterson Palmer Hunt Murphy Law, solicitors for Gardner Electric Ltd., requesting to withdraw the application. 3{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and eight letters of objection, considered at the Committee's September 25, 2001 meeting at which one neighbourhood resident addressed the Committee in opposition to the proposal, and John Gardner, President of Gardner Electric Ltd., indicated that he could not dispute the staff recommendation to deny the proposed amendments to the Municipal Plan and Zoning By-law, and explained that the reason for the amendments was to permit an outdoor storage area and that, if not approved, his company would not complete the purchase of the property; and recommending that the proposed amendments to the Municipal Plan and Zoning By-law be denied. 88-673 COMMON COUNCIL OCTOBER 1, 2001 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Gardner Electric Ltd. for a Municipal Plan amendment and re-zoning of 96 Stanley Street be withdrawn, as requested by the solicitors for the applicant. Question being taken, the motion was carried. 4. Mayor's Remarks Mayor McAlary extended condolences to the family and friends of the late Paul Grannan, who passed away on September 30, 2001; and proclaimed October 2001 as Renovation Month in recognition of home renovation as a basic factor in economic progress, environmental responsibility and quality of life, and as Community Inclusion Month in support of the inclusion of persons with intellectual disabilities in the community life of the Province, and also proclaimed Sunday, September 30, 2001 as Senior Citizens Day and thanked those involved in the housing initiative of "Chateau de Champlain" in contributing to the health, welfare and independence of older citizens. * Added Items The Mayor asked for a motion to add to the agenda of this meeting matters considered in Committee of the Whole earlier this date under items 39, 47 and 43. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the following three items be added to the agenda for consideration at this meeting as 4A, 4B and 4C, respectively: a presentation by Michaellrcha concerning the Mayor and Common Council salary survey, a recommendation with respect to a proposed connection/disconnection agreement / license agreement with Irving Oil Limited, and a recommendation for the purchase of property at 105 Honeysuckle Drive. Question being taken, the motion was carried. *4A. Review Of Council Salarv The Mayor referenced Council's resolution of August 20, 2001 to engage Michael C. Ircha of the University of New Brunswick in Fredericton 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; and called upon Mr. Ircha to make a presentation in this regard. Mr. Ircha, through an overhead slide presentation, advised that he undertook the salary survey for the Mayor and Members of Common Council on a comparative basis, looking at other municipalities across Canada and in the region and taking into consideration the context in which local government operates, being both comparable to and different from other public sector organizations and the private sector, being comparable in the sense that it deals with large budgets and many staff and people and different in the sense that everything that it does is highly visible, with Council's actions reported every week in the media, thus the concept of a "fishbowl" environment, as well as different in being tasked with a wide variety of services to all sectors of society and developing and implementing policies and programs within the municipal system. Mr. Ircha reviewed the time spent by the current Mayor in dealing with municipal issues and problems, and the role of the Mayor in serving as the chair of Common Council meetings, Council's team leader/facilitator, the City's spokesperson in all types of private and public events, and as a liaison with other levels of government, the private sector and the community, and the role of Councillors in dealing with their constituent responsibilities and working with citizens in a variety of ways; and summarized the approach he took in his comparative salary survey of municipal elected politicians in seeking relevant information from other jurisdictions across the country, using as his primary source the September 1997 edition of Canadian Municipal Elected Officials Remuneration and Indemnities, supplemented with direct information from various municipalities in Atlantic Canada and other parts of Canada in the 50,000 to 88-674 COMMON COUNCIL OCTOBER 1, 2001 200,000 population range and of the complexity and size of the Saint John situation. Mr. Ircha pointed out that, in talking about salaries for municipal elected officials, he was doing so on the basis of two-thirds of the remuneration being salary and one-third being a tax-free benefit or expense, which is common throughout Canada in all municipalities and at the Provincial and Federal levels; and summarized his survey of thirty-four municipalities across Canada and of four communities in the Atlantic Canada Region, respectively, which indicated that the average salary of the Mayor was in the range of $57,800 and $57,700, the average salary for the Deputy Mayor was in the range of $22,637 and $23,500, and the average salary for Councillors was in the range of $18,900 and $20,500, compared to the current salaries of the Saint John Mayor, Deputy Mayor and Councillors of $35,000, $14,683 and $11,667, respectively; and, with regard to a suggestion of parallelling the Mayor's salary to the remuneration provided to Members of the Legislative Assembly of New Brunswick, noted that New Brunswick MLAs currently receive salary and tax-free allowances, consolidated into one salary of $57,109. Mr. Ircha expressed the view that the survey showed clearly that, in comparison to counterparts elsewhere, the salaries of the Saint John Mayor, the Deputy Mayor and the Councillors were far too low and, to conform to reasonable levels reflected in thirty-four equivalent size municipalities, four Atlantic Cities and the New Brunswick MLAs' salaries, the salary of the Mayor and Common Council should be increased; and recommended that (1) the current salaries of the Mayor, the Deputy Mayor and Councillors be increased to make them comparable to remuneration levels being provided to their counterparts in equivalent-sized Canadian municipalities; (2) current salaries should be increased on January 1, 2001 to the following levels: Mayor $57,000, Deputy Mayor $22,000, Councillors $19,000; (3) in subsequent years, an annual or periodic adjustment (within each term of Common Council) be made to ensure these compensation levels do not become unrealistic in the future; and (4) Common Council consider steps to offset the budget impact of incorporating the recommended adjustments to their salaries. With respect to recommendation (3), Mr. Ircha suggested alternatives to ensure the adjustment of remuneration levels on a periodic basis, including using the same periodic adjustments provided to municipal senior managers, applying adjustments made to the New Brunswick MLA salaries, or establishing an independent committee to evaluate the appropriate level of remuneration for the Mayor and Common Council; and suggested that, in order to offset the $95,000 increase in the 2002 budget allocation the recommended salary increases would require, part of it could be considered a catch-up to adjustments provided to municipal senior managers and the four municipal unions, taking into consideration that there has been no increase in the salaries of the Mayor and Members of Common Council since 1989 and during that period of time the salaries of senior managers increased more than 15 percent on an accumulative basis and the four municipal unions have increased more than 22 percent over the same period, and also that, in exchange for the increased salaries, the per diem allowance could be eliminated. Councillor Titus advised that, while he had no difficulty with the amounts of the salary increases recommended, he had difficulty with the timing, thus he would be more comfortable supporting the salary amounts recommended for the Mayor, the Deputy Mayor and the Councillors for the next Council. The Mayor noted that, if Council wished to proceed with the recommendation at this time, an amendment to the Council Salaries By-law would be required and first and second readings could be given at this meeting and referred to the City Solicitor for review prior to third reading; and suggested that Council should add to the amendment the elimination of the $125 per diem allowance for travel outside the City of Saint John and also, if the recommendations before Council at this time did not go forward, the Council committee on salary and benefits should look at the Council Salaries By-law again as Council still had to address the per diem issue as there were administrative problems with it. On motion of Councillor Titus Seconded by Councillor Chase RESOLVED that Council approve the amounts recommended as the salaries for the Mayor, the Deputy Mayor and the Councillors for the next Council. The Mayor asked if the motion included the matter of the per diem, and Councillor Titus clarified that his motion was to approve the amounts for the next Council and that that Council set up a committee to look at this every three years or whatever appropriate time and deal with the per diem. Councilor Chase suggested that the next step, after accepting the report, would be to let the people of Saint John determine 88-675 COMMON COUNCIL OCTOBER 1, 2001 whether the members of the current Council were deserving of that pay in the next election. Councillor Desmond advised that he would not support the motion because, prior to the last election when he raised the issue of Council salary, nobody wanted to proceed as it was not the right time, noting that it has not been the right time apparently for the last twelve years; and Councillor Court spoke against the motion on the basis of the time spent each week by the Mayor and Council members doing a job for the citizens of Saint John, and advised his support for Mr. Ircha's recommendations. Councillor Trites advised that he was prepared to support first and second readings of an amendment to the Council Salaries By-law adjusting the salaries according to Mr. Ircha's recommendation, as well as the removal of the per diem from the 2002 budget and beyond, suggesting that, if the numbers were fair two and a half years from now, they were fair today; and Deputy Mayor White advised that he would not support the motion to defer the matter to the next election as the decision has been put off time and time again and Council had to make a decision and live with it. Councillor Fitzgerald advised that he was prepared to vote to accept Mr. Ircha's report in full, not the motion on the floor in that, if Council were prepared to give up not just the per diem but other remuneration received by some of the Councillors, in essence it would not cost the City anything. Councillor Teed made the observation that the cost saving of $29,000 by doing away with the per diem and the other recommendations in the report as to possible cost savings were not part of the proposal recommended to Council at this time and he could not see voting for a proposal until Council resolved how it was going to get the money; advised that he had a problem in that the country was facing threats of recession, with people getting laid off in large blocks, and suggested that Council should table the matter for a week or two weeks to let the public have an idea of what the proposal was, noting that Council members were elected knowing it was a part-time job and, if someone wanted to work full time at it, that was a choice and expressing the view that being on Council was not the same as being an MLA. Councillor Ball spoke in support of Mr. Ircha's recommendations, his view being that it was a privilege to be a Council member and Council members needed to have some feeling of appreciation, after twelve years of waiting to be recognized in the remuneration situation; and the Mayor advised that she would not support the motion on the floor as this whole thing was undertaken at this time by this Council in good faith and, personally, she had an issue with the per diem, and suggested that Council should vote to either accept or not accept the document prepared by Mr. Ircha and, for what to do three years from now, that would be somebody else's job to decide, not Council's at this time. The Mayor called for the question on the motion to adopt the recommendation that the salary for the Mayor, the Deputy Mayor and Council in the amounts of $57,000, $22,000 and $19,000 be implemented at the beginning of the next Council term in May 2004, and that the salaries from that time on be reviewed on an annual basis to see if there should be an adjustment and Common Council at that time would consider steps to offset the budget impact of incorporating the recommended adjustments to the salaries. Councillor Titus clarified that the motion was to adopt the recommendation on salaries as indicated by the Mayor and to set up an independent committee to make recommendations. Councillor Teed proposed a motion, which was not seconded, to table the matter until such time as Council received a draft of the proposed By-law amendment and recommendations on the interior comments of Mr. Ircha's report. Question being taken, the motion was lost with the Mayor, the Deputy Mayor and Councillors Ball, Court, Desmond, Fitzgerald and Trites voting "nay". On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the by-law to amend the Council Salaries By-law to establish the Mayor's salary at $57,000 per annum, the Deputy Mayor's salary at $22,000 per annum and the salary for Councillors at $19,000 per annum, effective January 1, 2002, and further that the payment of per diem to the Mayor and Councillors when out of town on business cease as of that date, be read a first time. Councillor Teed advised that he could not see how Council could operate on a by-law it did not even have in front of it. 88-676 COMMON COUNCIL OCTOBER 1, 2001 On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above motion be laid on the table until a draft by-law is brought before Council. Question being taken, the tabling motion was lost with the Mayor, the Deputy Mayor, and Councillors Ball, Chase, Court, Desmond, Fitzgerald and Trites voting "nay". The Mayor re-iterated that, if first and second readings of the By-law were given, the City Solicitor would be directed to review the matter and have the amendment in place when it came back to Council for third reading; and responded to Councillor Teed's point of order in this regard by noting that she had ruled on it. Question being taken, the original motion was carried with Councillors Chase, Teed and Titus voting "nay". Read a first time the by-law to amend the Council Salaries By-law. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law to amend the Council Salaries By-law to establish the Mayor's salary at $57,000 per annum, the Deputy Mayor's salary at $22,000 per annum and the salary for Councillors at $19,000 per annum, effective January 1, 2002, and further that the payment of per diem to the Mayor and Councillors when out of town on business cease as of that date, be read a second time. Question being taken, the motion was carried with Councillors Chase, Teed and Titus voting "nay". Read a second time the by-law to amend the Council Salaries By-law. Councillor Teed asked that the minutes reflect that his reason for voting against the motion was that there was no By-law amendment before Council. *48. ConnectionlDisconnection I License AQreement With IrvinQ Oil Limited On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council approve the submitted connection/disconnection agreement and license between the City of Saint John and Irving Oil Limited in the matter of backflow prevention and water metering, and the Mayor and Common Clerk be authorized to execute the documents on behalf of the City. Question being taken, the motion was carried. *4C. Purchase Of 105 Honevsuckle Drive On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in PID #55120893 (105 Honeysuckle Drive) from Eastcan Holdings Ltd., on or before December 31,2001, for the purchase price of $19,000 (+ HST if applicable) and, upon acquiring title, 105 Honeysuckle Drive be deemed surplus to the needs of the City and that it be publicly offered for sale subject to a 155m2 :t easement for municipal services. Question being taken, the motion was carried. 88-677 COMMON COUNCIL OCTOBER 1, 2001 5. Communities In Bloom National Conference Read a letter from Mayor McAlary extending her sincere thanks to Bill Butler, Chairman, Bernie Morrison, Bernie Cormier and all the members of the committee for the National Conference - Communities in Bloom, for their outstanding job in organizing this event; recognizing the outstanding job of floral design done by the City's gardeners and members of Local 18, and commending staff for their efforts. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the above letter from Mayor McAlary be received and filed. Question being taken, the motion was carried. 6. Formation Of Youth Advisorv Council On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Mayor McAlary submitting criteria for forming a youth advisory council, similar to the format of the Seniors Advisory Committee approved by Council in April 2001, and advising that, if Council approves of the concept, the next step would be to make contact in writing with the six local high schools and the University of New Brunswick-Saint John, and that the names of young people previously submitted for consideration and others submitted would be given to the Nominating Committee for consideration at the appropriate time; and requesting approval to proceed with the next steps to form a youth advisory council, be received and filed and approval be given to proceed with the next steps to form a youth advisory council. It was suggested that the New Brunswick Community College - Saint John should be included in the institutions to be contacted, and also that the age group could be 16 to 25 years rather than 16-22 years as proposed, and the Mayor indicated her intent to keep Council updated in the above regard. Question being taken, the motion was carried. 7. Appointment Of Viola LeQer To Canadian Senate Read a letter from Councillor Teed regarding the recent appointment of Viola Leger to the Canadian Senate. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that a letter of best wishes and congratulations be forwarded to Viola Leger on her appointment as a Senator, and informing her that Saint John, being Canada's first City, is looking forward to learning of her work in the Senate which will result in benefit not only to Canada but to the people of the Province of New Brunswick and, to the extent possible, the municipalities within the Province, including the City of Saint John. Question being taken, the motion was carried. 8. Gold Medal Winner & Teams In Canada Games On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Teed regarding the Canada Games of 2001 held in London, Ontario, in which one Saint John athlete won a gold medal and a number of others participated in a sportsmanship manner, and suggesting that it would be reasonable if suitable recognition could be made at least of the winner of the gold medal and, if possible, other contestants from Saint John; and proposing that this matter be referred to the Mayor for 88-678 COMMON COUNCIL OCTOBER 1, 2001 consideration of the best method or way of recognizing the gold medal winner and, hopefully, the participating team members from the City, be referred to the Mayor. Question being taken, the motion was carried. 9. Resolutions For Cities Of New Brunswick Association Read a letter from Councillor Teed referring to the submitted Notice of Request for Resolutions from the Cities of New Brunswick Association, and listing a number of topics which would appear to be suitable for support by the Association, and recommending that the submitted resolution on the lack of minimum standards for housing accommodation be adopted and forwarded to the Association for its consideration, and also that a resolutions committee be established of not less than three Councillors for the purpose of considering and recommending to Council resolutions in relation to matters affecting the residents within a municipality to be forwarded to the Association and such committee make a report by October 15, 2001. Councillor Teed proposed a motion, which was not seconded, to adopt the recommendation in his above letter. The Mayor, noting that Councillor Teed was the City's representative on the Association's Resolutions Committee, suggested that, as the topics listed in Councillor Teed's letter would need to be researched, the matter should be referred to the City Manager to come back with the proper information before the resolutions would go forward to the Association, and expressed the view that the issue of the Correctional Centre has nothing to do with municipalities. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the above matter be referred to the City Manager. Councillor Trites advised that he would support Councillor Teed's concept of a resolutions committee and it be charged with researching issues and developing resolutions on behalf of the City for adoption by Council to be sent to the Cities of New Brunswick Association or the Federation of Canadian Municipalities, whichever body was deemed to be appropriate. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that Council establish a permanent resolutions committee to develop resolutions appropriate for presentation to both the Cities of New Brunswick Association and the Federation of Canadian Municipalities at subsequent meetings. Question being taken, the motion was carried. 10. Council & Committee Procedure/AQenda Consideration was given to a letter from Councillor Teed referring to the lack of provision in the Council Procedural By-law for business arising out of the minutes or for a member of Council to ask questions about matters in which he or she has an interest without a formal letter, as well as the scramble to be first to move and second motions which, in his view, is contrary to the procedure wherein a member must be recognized before being allowed to speak; and explaining why, in his opinion, the full use of Committee of the Whole has been completely overlooked and the practice of supposedly convening a Committee of the Whole prior to Council meetings is completely contrary to the rules of procedure and why dealing with matters referred to it by Council is completely unauthorized. The letter comments on the Mayor, as Chief Executive Officer, sitting as a chairperson and as Mayor in that, having an independent chairperson would enable the Mayor to join in debate in the same manner as others, and also on delegations making presentations, and proposes that Committee of the Whole meetings be open to the public and the Committee concept be used as an easy forum 88-679 COMMON COUNCIL OCTOBER 1, 2001 for discussion, unless the Committee itself resolves to go into private session for appropriate reasons, and that this matter be referred to the committee working on rules and procedures. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above letter be referred to the committee working on rules and procedures. Question being taken, the motion was carried. 11. OverspendinQ At Crane Mountain Landfill Read a letter from Councillor Court recommending that, due to the recent announcement of overspending at the Crane Mountain landfill site, Council request that the Manager of the Fundy Region Solid Waste Commission appear before Council at the next meeting. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the Chairman and the General Manager of Fundy Region Solid Waste Commission, as well as former General Manager of the Commission Jens Jensen, now the Manager of Vaughan Engineering which is the firm overseeing the composting facility, be requested to appear before Council as soon as possible. Councillor Court expressed the view that the perception of a conflict of interest in that Mr. Jensen was the former General Manager of the Commission and now working for the company doing the engineering work for the Commission would have to be addressed at some point in time, as would the question of whether or not the Commission's budget projections were inflated in view of cost savings at the Crane Mountain landfill, of which he had not previously been aware, in the amounts of $600,000 in the closing out of cell 2 and opening of cell 3, $840,000 in that the composting carts were purchased for $60 each rather than $80, and how the Commission would pay for the recently reported $1.5 cost overrun in the composting project. Councillor Court questioned the matter of debris dumps for which the Province gave permits and what was being dumped there and whether or not leachate might be occurring, referring to a recent fire in close proximity to the former Howe's Lake dump and two junkyards on the Range Road, and asked for a report from the City Manager on whether or not inspections were being done on a regular basis and if any fines were being imposed, as well as on the safety of such sites within the boundaries of Saint John. Question being taken, the motion was carried. 12. CompostinQ Consideration was given to a letter from Councillor Fitzpatrick advising that he would like to have discussion on the numerous articles in the newspaper, as well as numerous complaints he has received, regarding the matter of composting, and to propose a motion to request that the Fundy Region Solid Waste Commission either to come to open session of Councilor address the issue in some manner as soon as possible, unless another course of action is deemed appropriate after discussion. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the above letter be added to the list of matters to be considered at Council's meeting at which representatives of the Fundy Region Solid Waste Commission and Vaughan Engineering will be present. Question being taken, the motion was carried. 88-680 COMMON COUNCIL OCTOBER 1, 2001 13. Rockwood Park MarketinQ ProQram I SiQnaQe On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the report from the City Manager providing a brief background regarding the marketing approach for Rockwood Park and submitting information on street signage leading to Rockwood Park and on campground symbol tab signs, in order to provide Council with a full understanding of the Rockwood Park signage program, Council having on September 4, 2001 requested a report on the signs recently installed at the Park and also expressed a need for additional street signage to direct visitors to the Park; advising that the new signage program at Rockwood Park is functional and serves the purpose for which it was intended and staff believes acceptance of the signs will grow as Park visitors begin to identify with the consistent marketing strategy the Park has adopted and the information contained on the signs and, in the long-term, Rockwood Park will benefit from this consistent marketing approach, be received and filed. (Deputy Mayor White withdrew from the meeting.) Question being taken, the motion was carried. 14. AssiQnment Of City Market Lease Read a report from the City Manager advising of the request of Hunter's Ventures Limited for permission to assign its lease for Stalls "B" and "C" in the Saint John City Market to Vera Bochar, proposing to do business as The Baking Stone, and setting out a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (1) approve the following changes to the lease with Hunter's Ventures Limited, of Stalls "B" and "C" in the City Market: (a) the lessee must install, maintain and operate a bakers oven in the leased premises and operate the oven during regular business hours, and (b) delete clause 4.(a) of Schedule "C" and insert a new Clause 4.(a) as follows: "The lessee agrees to operate a business under the name 'The Baking Stone'. The list of products and services that will be provided are limited to breads, rolls, bagels, pastries, cakes, tortes, cookies, cupcakes, pies, tea biscuits, cream puffs, squares, diabetic bakery products, jams, jellies, preserves, baking utensils, cook books, hard and soft bulk candy, bulk and packaged chocolates, cotton candy, candied apples, fudge, toffee, liquorice, plain and candied popcorn, candy and chocolate-related gift packages and other related products as approved by the Deputy Market Clerk.", (2) consent to the assignment of the lease by Hunter's Ventures Limited to Vera Bochar, operating a business under the name of The Baking Stone; and (3) authorize the Mayor and Common Clerk to sign any documents necessary to give effect to the above recommendations. Question being taken, the motion was carried. 15. Traffic Bv-Iaw Amendment - Rockv Terrace Traffic On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of staff's review of the request to restrict a left turning movement from Mount Pleasant Avenue onto Rocky Terrace, further to Council's July 9, 2001 referral of a letter of concern about safety on Rocky Terrace and, although there would be some minor inconvenience for residents of Rocky Terrace by implementing a no-left turn, it would provide a better flow of traffic onto Mount Pleasant Avenue; and recommending that the Traffic By-law amendment set out be given first and second readings and referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: 88-681 COMMON COUNCIL OCTOBER 1, 2001 AND FURTHER that the by-law to amend the Traffic By-law, with regard to Mount Pleasant Avenue and Rocky Terrace, be read a first time. (Deputy Mayor White re-entered the meeting.) Question being taken, the motion was carried. Read a first time the by-law to amend the Traffic By-law. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law to amend the Traffic By-law, with regard to Mount Pleasant Avenue and Rocky Terrace, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Traffic By-law. 16. 2001 Bond Issue Consideration was given to a report from the City Manager advising that, further to the June 18, 2001 Notice of Motion on the 2001 bond issue at which time the need to borrow $12,672,000 was reported, the total borrowing requirement has been reduced to $9,666,000 and the remaining $3,006,000 in cash flow is not required at this time and will be borrowed during the 2002 bonding program, and recommending adoption of the resolution as set out herein. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that: WHEREAS occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND: General Government Protective Services Transportation Services Environmental Health Environmental Development Recreation and Culture $ 570,000 $ 910,000 $ 185,000 $ 910,000 $2,025,000 $ 450,000 $ 5,050,000 WATER & SEWERAGE UTILITY Water System Sewer System $3,040,000 $1.200,000 Public Transit $ 4,240,000 $ 376,000 $ 9,666,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $9,666,000: AND FURTHER that subject to paragraph 4 of this resolution, the Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $9,666,000 on such terms and conditions as are recommended by the Corporation: 88-682 COMMON COUNCIL OCTOBER 1, 2001 AND FURTHER that the City of Saint John agrees to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 10 years: AND FURTHER that the Commissioner of Finance report to Common Council the exact values for the price of $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 17. Residential Infrastructure Application #8 On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance funding for application #8 - 511065 NB Ltd. for a development of 23 single-family units in Mahogany Heights Phase 5, at an estimated 2001 expenditure of $138,000. Mr. Baird, in response to Councillor Titus' observation that the recommendation referred to 7 single-family units while the body of City Manager's report referred to 23 single-family units, clarified that the number should be 23. Question being taken, the motion was carried. 18. Subdivision Of City Land Read a report from the City Manager seeking Council's consent to subdivide land in the area of McAllister Drive / Loch Lomond Road for the purposes of vesting it as a public street, such land currently being used for street purposes but not vested accordingly. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John subdivide the following parcels of land in the McAllister Drive / Loch Lomond Road area: PID Numbers 55008015,313874,55033492, 55033328, 313692 and 317560, as generally shown on the submitted plans, and the Common Clerk be authorized to sign the plans. Question being taken, the motion was carried. 19. Request To Stop Up & Close Portion Of Hillcrest Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the report from the City Manager advising of a request from the owners of 3377 and 3401 Loch Lomond Road - Steeve Beechin and Michael Cave, for the City to stop up and close a 1159m2 :t portion of untravelled street right-of-way, as generally shown on the submitted plan, so each could acquire a portion of the stopped up and closed road and consolidate those portions with their respective properties, and the Legal Department has indicated that the subject portion of right-of-way is Hillcrest Road (which splits off Loch Lomond Road); and recommending that Common Council authorize the publishing of its intention to consider the passing of a by-law to stop up and close a 1159m2 :t portion of Hillcrest Road as generally shown on the submitted plan, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 88-683 COMMON COUNCIL OCTOBER 1, 2001 20. FCM 2009 Annual Conference On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting information from the Saint John Visitor & Convention Bureau in response to Council's August 20, 2001 inquiry as to the possibility of Saint John bidding for the 2009 FCM Annual General meeting; and advising that tourism industry officials at the Hilton and Saint John Trade and Convention Centre, Delta Brunswick Hotel and Harbour Station have expressed reservations concerning Saint John's capacity to host the FCM Annual General Meeting, although all are willing to be creative and attempt to host the event should the City wish to pursue the bid; also advising that the Event Manager for FCM will be in Saint John between February 27 and March 2, 2002 and will have an opportunity to tour the City's facilities firsthand and answer questions, and Council may wish to discuss the conference requirements further with him at that time; in the meantime, however, Saint John Visitor & Convention Bureau staff recommends that further analysis of the space requirements be conducted with FCM staff before a final decision is made about hosting this event, be received and filed. Question being taken, the motion was carried. 21. Tender For Petroleum Products Consideration was given to a report from the City Manager referring to the tender call each year for the establishment of a supply agreement for petroleum products which includes unleaded gasoline and diesel fuel to be dispensed through the City's gas bar on Rothesay Avenue and furnace oil and for which the City normally joins its requirement for diesel fuel with that of Saint John Transit, and advising that this year will differ from previous practices in that both the City and Saint John Transit have closely monitored the Provincial supply contract and found that the Province of New Brunswick appears to be getting better prices than the City and Saint John Transit are enjoying and Saint John Transit, as is its right under the terms of the Public Procurement Act, has opted to join its needs with those of the Province. The report also advises that, while City staff agrees that the Province appears to be paying less, staff felt that it was important to determine why and, having reviewed the terms and conditions of the Provincial supply contract documents, could find nothing contained in its tender that differs dramatically from the City's requirements or that would account for the different prices, other than some minor guarantee clauses, and the only thing that staff could point to as being sufficiently different between the Provincial contract and the City's agreement was quantity; and further advises that, in order to get a current and accurate picture of the price differences between the two agreements, staff felt it was necessary to proceed with a tender call, which closed on September 12, 2001 with five companies responding. The report comments on the review of the bids which determined that, with the instability of the world market for crude, three of the bidders would not agree to the terms and conditions of the tender and, therefore, would have had their bids rejected, and a comparison of the remaining two bids with the Provincial prices showed that the Province is currently paying less for petroleum products than the City would be if it accepted these tenders and, in terms of financial implications, advises that, should the City opt to award this supply agreement to the lowest bidder to meet all requirements of the tender and based on revised quantities, i.e. less the diesel requirement for Saint John Transit, it is estimated that the City would spend $1,282,570 on the purchase of petroleum products in 2001/02 and, given the same quantities and applying the Provincial prices, the total estimated cost would be $1,223,110, a savings of $59,460. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for petroleum products for the twelve-month period of 2001/02 not be awarded and further that staff be authorized to purchase its petroleum needs off the Provincial supply contract. Question being taken, the motion was carried. 88-684 COMMON COUNCIL OCTOBER 1, 2001 22. Proposal For Heat Conversion On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the proposal submitted by Enbridge Business Services for the design, supply and installation of a natural gas radiant heating system in the combined mechanical garage and Municipal Operations building located on Rothesay Avenue, in the amount of $49,875, plus HST, be accepted, and staff be authorized to expend the necessary funds from the 2001 Capital Budget to cover the cost of this project. Question being taken, the motion was carried. (Councillors Desmond and Teed withdrew from the meeting as they were not present for the September 17, 2001 public hearings for the proposed Street Closing By-law amendments with respect to Acorn Drive, St. Clair Avenue, Atlantic Avenue and Sandy Point Road.) 23. Street ClosinQ Bv-Iaw Amendment - Acorn Drive On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: ACORN DRIVE - All that certain portion of Acorn Drive, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick and more particularly designated "Portion of Acorn Drive a public street 2,429 m2" on a plan of survey titled "Plan of Survey Showing a portion of Acorn Drive, City of Saint John, Saint John County, New Brunswick" dated August 13, 2001, surveyed by Russell J. Robinson, New Brunswick Land Surveyor - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 24. Street ClosinQ Bv-Iaw Amendment - St. Clair Avenue On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: S1. CLAIR AVENUE - All that certain portion of St. Clair Avenue a public street in the City of Saint John in the County of Saint John and Province of New Brunswick extending south eastwardly from the eastern sideline of Green Head Road and more particularly designated "Portion of St. Clair Avenue, Public Street (varying width) (Area - 875m2) on a plan of survey titled "Plan of Survey showing Portion of St. Clair Avenue, City of Saint John, County of Saint John, Province of New Brunswick, dated July 4, 2001 surveyed by Robert A.G. Fulton, N.B.L.S. #234 - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. 88-685 COMMON COUNCIL OCTOBER 1, 2001 Question being taken, the motion was carried. 25. Street ClosinQ Bv-Iaw Amendment - Atlantic Avenue On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: ATLANTIC A VEN U E: ALL that certain portion of Atlantic Avenue a public street in the City of Saint John in the County of Saint John and Province of New Brunswick extending eastwardly from the eastern side of Westmorland Road and more particularly designated "Portion of Atlantic Avenue Area = 342 sq. m2" on a plan of survey titled "Plan of Survey Portion of Sandy Point Road City of Saint John, Saint John County, N.B." dated August 9, 2000 certified correct Kierstead Quigley and Roberts Ltd. Per: Robert A.G. Fulton NBLS #234 - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 26. Street ClosinQ Bv-Iaw Amendment - Sandy Point Road On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: SANDY POINT ROAD: ALL that certain portion of Sandy Point Road a public street in the City of Saint John in the County of Saint John and Province of New Brunswick north of the intersection of Churchill Boulevard with said Sandy Point Road and more particularly designated "Portion of Sandy Point Road Area = 2485 sq. m2" on a plan of survey titled "Plan of Survey Portion of Sandy Point Road City of Saint John, Saint John County, N.B." dated January 31,2001 certified correct Kierstead Quigley and Roberts Ltd. Per: John F. Quigley NBLS #297, P.Eng. - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 27. Street ClosinQ Bv-Iaw Amendment - Sandy Point Road On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: SANDY POINT ROAD: ALL that certain portion of Sandy Point Road a public street in the City of Saint John in the County of Saint John and Province of New Brunswick abutting the eastwardly sideline of lands owned by Property Management/Proman Ltd. 88-686 COMMON COUNCIL OCTOBER 1, 2001 and more particularly designated "Portion of Sandy Point Road Area = 1534 sq. m2" on a plan of survey titled "Plan of Survey Portion of Sandy Point Road City of Saint John, Saint John County, N.B." dated November 13, 2000 certified correct Kierstead Quigley and Roberts Ltd. Per: John F. Quigley NBLS #297, P.Eng. - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Desmond and Teed re-entered the meeting.) 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, September 17, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, 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 subdivide and sell approximately 1/3 portions of PID Number 330563 (approximately 7,500 square feet) off Gibson Avenue in Lakewood Heights to: (1) Mona M. Fillmore of 434 Summit Drive; (2) David and Donna Logan of 428 Summit Drive, and (3) Alexander and Eileen Lozier of 424 Summit Drive, for $2,000 (plus HST if applicable) each and, as part of the sale, the City of Saint John will provide an Appointment of Agent Form to permit the purchasers' solicitor(s) to register title to the land under the Land Titles Registry System prior to closing, and further that the Mayor and Common Clerk be authorized to sign transfer and related documents. October 1, 2001, Saint John, N.B. Respectfully submitted, (sgd) Shirley McAlary, C h air man. 28.1. Subdivision & Sale Of Property Off Gibson Avenue On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 29. Planning Advisory Committee Subdivision - Churchill Boulevard On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed subdivision of NBGIC Number 49809 with respect to any required public utility easement from Churchill Boulevard. Question being taken, the motion was carried. 88-687 COMMON COUNCIL OCTOBER 1, 2001 30. Planning Advisory Committee Subdivision 1033 Hillcrest Road 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 photo-reduced Brittain Investment Limited Subdivision (Lot 01-04) tentative plan, 1033 Hillcrest Road, and accept a cash-in-lieu dedication for the required land for public purposes. Question being taken, the motion was carried. 31. Planning Advisory Committee Subdivision - Palmer Street On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative subdivision plan of 20 Palmer Street, which shows four residential lots with a future street, 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) authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 29 of the Subdivision By- law; and (4) accept a cash-in-lieu land for public purposes dedication for the proposed subdivision. During discussion, Councillor Court expressed concern about snow removal and movement of emergency vehicles as the asphalt width of Palmer Street was only 25 feet, and suggested that, if country road standards were to be approved for new streets, there should be conditions put on them, such as a parking restriction, so as not to create problems for City work crews in the winter time and for emergency vehicles. Question being taken, the motion was carried with Councillor Court voting "nay". 32. The Saint John Jeux Canada Games Foundation Nominee For Appointment Of Director & Treasurer On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from James MacMurray, Chairman of The Saint John Jeux Canada Games Foundation Inc., nominating, on behalf of the Board of Directors, Daryl Wilson, CA, to be a member of the Board and Treasurer of the Foundation, and looking forward to receiving Council's approval as soon as possible, be referred to the Nominating Committee. Question being taken, the motion was carried. 33. Petition - Lancaster StandpipelWater Tank On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the petition from residents of the Fundy Heights area expressing their frustration about the persistent low water pressure in the area; referring to ADI Limited's suggestion in its recommendation to the City, with the designs for the new Lancaster water tank to replace the Lancaster standpipe, that a pumping station could be included to correct the problem of constant low water pressure which affects the residents of this area and suggesting that a 88-688 COMMON COUNCIL OCTOBER 1, 2001 pumping station could be constructed in conjunction with the new Lancaster water tower; and requesting the same basic services that other residents enjoy, be referred to the City Manager. Question being taken, the motion was carried. 34. Lawson Property Management Bus Shelters On Roxburv Drive On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from John Lawson of Lawson Property Management submitting a petition, which was circulated among the tenants of Reading Crescent and Roxbury Drive, requesting the City to construct and maintain two sheltered bus terminals along the Roxbury Drive bus route so as to allow patrons protection from the elements, be referred to the Saint John Transit Commission. Question being taken, the motion was carried. 35. Cherry Brook Zoo Inc. - Financial Statements I BudQets On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from John S. Mackay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., submitting the (a) audited Financial Statements for the last fiscal year, (b) statements of anticipated receipts and disbursements for the current year, and (c) the budget for the ensuing year, and budget rationale, be referred to the budget process. Question being taken, the motion was carried. 36. Flavie's (Jacqueline Levesque) Re-ZoninQ Of 221 Union Street On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the application of Flavie's (Jacqueline Levesque) for the re-zoning of property located at 221 Union 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, November 5, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 37. Director Of Transportation - 2002 Program For Provinciallv DesiQnated HiQhwavs On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter to Mayor McAlary from Neil Gilbert, Director of Transportation for the Province of New Brunswick, requesting the Municipality to update and send to him its five-year priorities for improvements to Provincially designated highways, with a copy to the Transportation District Engineer in the Saint John area, as soon as possible, but no later than October 31, 2001, be referred to the City Manager. Question being taken, the motion was carried. 88-689 COMMON COUNCIL OCTOBER 1, 2001 38. Surf City Synchronized Swimming Club Sponsorship Of 2002 National Championships On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Debbie Boudreau, Chair, Corporate Donations, and Ann Phillips, Meet Manager, for the Surf City Synchronized Swimming Club, advising of the Club's successful bid to host the 2002 National Synchronized Swimming Championships, and requesting financial support in two areas - a cash contribution of $10,000 and a 33% reduction in pool costs, be referred to the budget process. Question being taken, the motion was carried. Adiournment The Mayor noted that the next Council meeting was scheduled for Tuesday, October 9,2001 commencing at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk