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2001-10-15_Minutes 88-706 COMMON COUNCIL OCTOBER 15, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of October, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Building and Inspection Services; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Paul Brown of the Canadian Bible Society offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 9, 2001, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Condition Of Re-ZoninQ Of 2550 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 condition imposed on the August 8, 1988 re-zoning of the property situated at 2550 Loch Lomond Road (NBGIC Number 00330944), to allow the subject property to be subdivided with individual lots utilizing drilled wells instead of being connected to the City water system, as initiated by the City of Saint John, and 3{c) a letter was received from Gordon Mclllwraith in concern about the water quality for the potential homeowners. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 10, 2001 meeting at which no presentations were made and no letters were received from surrounding property owners, and the Committee resolved to adopt the staff recommendation as set out herein, which was a revision from the previous recommendation suggested by staff in light of the concerns raised by the City Solicitor to Council on September 4, 2001; and noting the Committee's previous provision to Council on August 20, 2001 of a recommendation regarding the subdivision assent, specifically the assent of the new street and any required public easements, authorization of a City/developer subdivision agreement and assent of the requested land for public purposes dedication for consideration after the Section 39 amendment is finalized. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 condition imposed on the August 8, 1988 re-zoning of the property situated at 2550 Loch Lomond 88-707 COMMON COUNCIL OCTOBER 15, 2001 Road, also identified as being NBGIC Number 00330944, to allow the subject property to be subdivided with lots utilizing individual drilled wells instead of being connected to the City water system, on the condition that no subdivision plan of the area is to be submitted to the Development Officer by or on behalf of the developer until the developer has delivered to the Development Officer written confirmation from the Provincial Department of Environment and Local Government that the latter is satisfied as to the quality and quantity of potable water available by drilled well to each of the proposed lots. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Deputy Mayor White 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 44 Albert Street West The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law amendment to re-zone a parcel of land located at 44 Albert Street West (NBGIC Number 380105), having an area of approximately 680 square metres (7,319 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, to place the property in a zone classification which permits the existing use of the property as a three-unit dwelling and for the construction of a small addition to the building, as requested by Vernon Lanteigne, 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 October 10, 2001 meeting at which the applicant appeared in support of the application and no other persons addressed the Committee and no letters were received; and recommending that Common Council re-zone a parcel of land located at 44 Albert Street West, having an area of approximately 680 square metres (7,319 square feet), also identified as NBGIC Number 380105, from "R-2" One and Two Family Residential to "R- 4" Four Family Residential classification. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 44 Albert Street West (NBGIC Number 380105), having an area of approximately 680 square metres (7,319 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-578 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Court Seconded by Councillor Trites RESOLVED that time the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 44 Albert Street West (NBGIC Number 380105), having an area of approximately 680 square metres (7,319 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a second time. Question being taken, the motion was carried. 88-708 COMMON COUNCIL OCTOBER 15, 2001 Read a second time the by-law entitled, "By-law Number C.P. 100-578 A 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. 4A & 10 On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that agenda item 10 be brought forward for consideration in conjunction with agenda item 4A Question being taken, the motion was carried. The Mayor advised her intent to proceed with the other agenda items until 7:30 o'clock p.m., the time scheduled for the presentation under agenda item 4A 5. Mavor's Remarks Mayor McAlary proclaimed October 15-21, 2001 as Canada's Citizenship Week in the City of Saint John; congratulated Police Chief Cogswell on his recent receipt of the Dr. David Stephens Foundation Award for his work with abused children; and advised that the Saint John Police Force, along with Rogers Cable, would be announcing a safety program for children for Halloween night. * Added Item On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that four Nominating Committee recommendations for appointments to committees and boards, which were considered in Committee of the Whole earlier this date, be added to the agenda of this meeting for consideration as item 5A Question being taken, the motion was carried. *5A.1. Year 2004 Celebrations Committee On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that a committee be established to oversee the City's Year 2004 celebrations, and Stephen MacMackin and James Theriault be requested to come back to Council with terms of reference for a committee to which they might be appointed. The motion initially proposed was to adopt the Nominating Committee's recommendation that a committee be established to oversee the City's Year 2004 celebrations, and, as recommended by the Saint John Development Corporation, Stephen MacMackin and James Theriault be appointed chairpersons of the committee, and that they establish terms of reference for Council's review. Councillor Teed expressed the view that Council could not appoint people to a committee unless the committee had terms of reference, and proposed an amendment to the motion, which was seconded by Councillor Titus, that the two nominees be requested to come back with terms of reference for a committee to which they might be appointed. The Mayor called for the question on the motion as set out. Question being taken, the motion was carried. 88-709 COMMON COUNCIL OCTOBER 15, 2001 *5A.2. Saint John Jeux Canada Games Foundation On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the Board of Governors, Daryl Wilson be appointed to the Board of Governors of Saint John Jeux Canada Games Foundation Inc. for a term of three years. Question being taken, the motion was carried. *5A.3. Preservation Review Board On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Don Smith be appointed to the Preservation Review Board for a term of three years. Question being taken, the motion was carried. *5A.4. Saint John Non-Profit HousinQ Inc. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that Donald LeBlanc be re- appointed and Sandy Bastarache be appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term of three years. Question being taken, the motion was carried. 6. Infrastructure Funding Agreement North End SeweraQe Scheme Read a letter from Mayor McAlary submitting a letter to her from The Honourable Kim Jardine, Minister of Environment and Local Government, advising that, further to the City's application for assistance under the Canada/New Brunswick Infrastructure Program for the North End sewerage scheme - Churchill Boulevard, the Program will make a financial contribution of 66 2/3 percent of the eligible costs of the project to a maximum of $1,633,332, subject to the conditions outlined in the submitted schedules, and recommending that, upon completion of the Project, a public announcement be made by the City of Saint John in conjunction with the Minister, or her representative, and a representative of The Honourable Robert G. Thibault, Minister of State for ACOA, and requesting an indication of agreement with the contents of the letter and the Schedules by signing the enclosed copy and returning it to the Minister. Councillor Titus proposed a motion to authorize signing of the agreement, whereupon the Mayor asked for a motion to refer the matter to the City Manager. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 7. City Water StrateQV Read a letter from Councillor Teed advising why, having done further study of the report respecting City water, he feels there are a number of matters which need to be reconsidered, the first being the concept that all potable water will be delivered from Loch Lomond Lake as this could materially affect people in West Saint John who now receive their water from Spruce Lake; suggesting that, as Council apparently has agreed in principle with this concept, this should be reviewed with the 88-710 COMMON COUNCIL OCTOBER 15, 2001 caveat that, in no way, should the residents in the western part of the City be subject to the possible termination of their water supply by reason of getting all their residential water from the Loch Lomond system and also that, having been given to understand that a substantial industry may be seeking additional water from the Loch Lomond system recognizing the possibility of termination of such water supply should transport across a bridge cease due to destruction through accident or deliberate action by individuals and has suggested there should be a guaranteed water supply, the City should never be a guarantor of any supply of water to any industry. Councillor Teed proposed a motion, which was not seconded, that Council clarify its September 17, 2001 resolution to the effect that Council does not agree with the concept of making the entire supply of non-industrial water for the entire City come from Loch Lomond until there has been a further study and public input. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried. 8. Back-up Water Supplv Consideration was given to a letter from Councillor Teed suggesting that there appears to be a major omission in the report on the water supply in the City of Saint John considered on September 17, 2001, namely the safety of the water supply to the residents in that, at present, the entire water supply for the central and northern parts of the City crosses Marsh Creek by bridge and, if anything happened either willfully or by accident, the supply of water would be cut off entirely to the arterial and the northern area of the City could be out thereby affecting the Hospital, residents and businesses, thus there should be a safety line for a water supply developed to connect with other areas of the City so at least some water could continue to be supplied in the event disaster struck beyond the City's control. Councillor Teed proposed a motion, which was not seconded, that this matter be referred to City staff with instructions to review and consider the feasibility, cost and value of a secondary line for water into the City other than over a bridge. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried with Councillor Teed voting "nay". The Mayor indicated her intent to ask Council to deal with agenda item 9 later in the meeting. 9A. Newlv-appointed Provincial Cabinet Members Read a letter from Councillor Teed noting the recent appointments of The Honourable Margaret-Ann Blaney and The Honourable Rodney Weston as Minister of Public Safety and the Status of Women and as Minister of Agriculture, Fisheries and Aquaculture, respectively, and proposing that a letter of congratulations be forwarded to them congratulating them on their respective appointments and responsibilities, noting that their positions deal with matters of concern for the citizens of Saint John and the City looks forward to cooperating with each Minister to the betterment of the citizens of Saint John. 88-711 COMMON COUNCIL OCTOBER 15, 2001 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that a letter of congratulations be forwarded to the newly appointed Minister of Public Safety and the Status of Women and the Minister of Agriculture, Fisheries and Acquaculture. Councillor Chase suggested that motion should be amended to indicate that the Mayor, on behalf of Council, write a letter to the newly appointed Ministers, rather than a Council resolution being forwarded to them, referencing agenda item 21 as an example of a letter relating a Council resolution, and Councillor Trites agreed that the Mayor, on behalf of herself and Council, should forward the letters of congratulations. Question being taken, the motion was carried. The Mayor asked Council, for timing and as the subject of agenda item 11 was to be a staff presentation, to proceed to agenda item 12 at this time. 12. Engineering Services - Eastern Wastewater System Evaluation Of Wastewater Treatment Options On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of CBCL Limited be accepted for engineering services for the eastern wastewater system - evaluation of wastewater treatment options, and the Mayor and Common Clerk be authorized to execute appropriate contract document. Question being taken, the motion was carried. 13. Establishment ChanQe - PlanninQ And Development Consideration was given to a report from the City Manager advising that Brian Malone, a Planner who in early 2001 was seconded to the Police Department for what was to be a two-year term, has recently accepted a permanent position with the Police Department, and the now-vacant Planner position provides the City with an opportunity to create a G.I.S. Manager position to direct the activities in the geographic information area of the newly formed Planning and Development Department and, while a final salary grouping will be determined by the Management Job Evaluation Process, it is anticipated that there will be little, if any, financial impact. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council amend the Establishment by reducing the number of Planner III positions from two to one, and adding a new management position of GIS Manager. Question being taken, the motion was carried. 14. Demolition Disposal Sites On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the report from the City Manager addressing questions on demolition disposal sites in the City further to Council's request of October 1, 2001 for information regarding a demolition disposal site located at the old quarry site on Somerset Street which was the site of a fire; and advising that four of the eighteen known demolition disposal sites located throughout the Province are located within Saint John - Crane Mountain, Somerset Street (Dowd Roofing), Latimore Lake (Thomas Construction) and Gault Road (Galbraith Construction) and, apart from sanitary containment sites such as Crane Mountain, the Province issues permits (licenses) for two types of non-containment sites - construction/demolition disposal sites and land reclamation sites, be received and filed. 88-712 COMMON COUNCIL OCTOBER 15, 2001 Question being taken, the motion was carried. 4A. P.R.O. Kids ProQram Consideration was given to a letter from Pam Iype and Roly Macintyre, Co-chairs of the Saint John P.R.O. Kids Committee (Ad Hoc), advising that P.R.O. Kids is a program that would provide financial assistance and other appropriate support to children and youth in Saint John to access recreational activities, and that the support of Common Council is needed to adopt P.R.O. Kids as a program in the Community Services Department, Recreation and Parks Division, and requesting Common Council to endorse the P.R.O. Kids Program and consider the submitted list of names as the first members of the P.R.O. Kids Committee by appointing one-half of the Committee for one year and the other half for two years in order for continuity in committee members to occur. 10. Positive Recreation Opportunities For Kids (P.R.O. Kids) Consideration was also given to a report from the City Manager proposing that the City of Saint John implement the P.R.O. Kids Program as a City-operated program in which community members would actively advocate and fundraise in support of it and City of Saint John staff would be responsible for all administrative matters; advising that two requirements of using the P.R.O. Kids name and logo are (1) the user group will provide a yearly report to the City of Thunder Bay outlining the progress of P.R.O. Kids in the community and (2) all printed promotional material must carry the message the PR. O. Kids concept was developed by the City of Thunder Bay, Ontario; submitting as Schedules "A" and "B", a detailed description of the Committee and its duties and of a Special Purpose Fund, respectively; and setting out a recommendation for Council's consideration. Mrs. Iype, Mr. Macintyre and Mr. Butler, in turn, addressed Council on the P.R.O. Kids Program which would provide assistance to as many children and youth as possible who, due to lack of funds, were unable to participate in sport, art, recreation or cultural activities; and responded to questions in this regard; and, in response to Councillor Titus as to the availability of $1,000 in the unspecified fund, Mr. Totten, in responding in the affirmative, noted that the City's support to the P.R.O. Kids Program was in terms of staff support and also that the City was in a deficit position. In terms of Committee membership, the Mayor asked if it were the intent for the twelve persons named in the list of Committee members submitted with the above letter to be nominated or if the matter were to be referred to the Nominating Committee to which Mr. Butler replied that that would be Council's prerogative. 10. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council: (1) adopt P.R.O. Kids as a program in the Community Services Department, Recreation and Parks Division; (2) establish a P.R.O. Kids Committee to provide support and advice to staff and Council, whose composition, duties and terms are as outlined in the submitted Schedule "A"; (3) appoint members to the P.R.O. Kids Committee; (4) approve the establishment of a Special Purpose Fund as described in Schedule "B"; and (5) provide the Commissioner of Finance with the authority to make disbursements from the Special Purpose Fund in accordance with the terms in Schedule "B". Question being taken, the motion was carried. 4A. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the first six people named in the list submitted by the Saint John P.R.O. Kids Committee (Ad Hoc) be appointed to the P.R.O. Kids Committee for one year as follows: Idee Inyangudor, Pam Iype, Colleen Knudson, Anne Marie Maloney, Peter McGuire and Roly Macintyre, and the last six 88-713 COMMON COUNCIL OCTOBER 15, 2001 people named in the list be appointed to the Committee for two years as follows: Mark Palmer, Peggy Brittain, Jane Beyea, Andrea Scott, Marijke Blok and Debbie Durant. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the City of Saint John donate $1,000 to the P.R.O. Kids Project from unspecified grants. Question being taken, the motion was carried. 9. Cost-cuttinQ Measures Consideration was given to a letter from Councillor Fitzgerald advising that he wished to take from the table an issue from the October 9, 2001 Council meeting on various ways of cost cutting to make up for the salary increases for Council members included in the document presented to Council on October 1, 2001 by Michaellrcha, including (1) eliminating the per diem (which Council has already approved and passed); (2) the payment directly to the Municipality of honorariums/fees granted to the Mayor and Members of Council (Councillor Fitzgerald's recommendation being to refer this to the City Solicitor to investigate the options available to address this proposal), (3) eliminating promotional items for each Member of Common Council, and (4) eliminating the purchase of tickets for community events; and to proceed by resolution to approve items (2), (3) and (4) to become effective January 1, 2002. Councillor Fitzgerald recommended that Council adopt items (2), (3) and (4) as outlined above to become effective January 1, 2002. The Mayor called for a seconder to the motion, whereupon Councillor Trites noted the need to first take the matter from the table. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. Councillor Trites proposed a motion that the above matter be referred to the budget committee and the City Solicitor, and the Mayor suggested that, in fairness, it was Councillor Fitzgerald's item and he should be allowed to speak on it as a courtesy extended to all members of Council. Councillor Fitzpatrick indicated that he would second the referral motion and, in response to Councillor Teed's point of order on the basis of who had the floor first, the Mayor recognized Councillor Fitzgerald who proposed a motion that Council adopt items (2), (3) and (4) as outlined to become effective January 1, 2002. On motion of Councillor Fitzgerald Seconded by Councillor Ball RESOLVED that Council adopt the following: that honorariums/fees granted to the Mayor and Members of Council be paid directly to the municipality, promotional items for each Member of Common Council be eliminated, and the purchase of tickets for community events be eliminated, effective January 1, 2002. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the budget committee and the City Solicitor. Question being taken, the referral motion was carried with Councillor Fitzgerald voting "nay". 88-714 COMMON COUNCIL OCTOBER 15, 2001 11. Provincial Watershed Protection ProQram - Phase II Read a report from the City Manager reviewing the follow-up by Council and City staff to Phase II of the Watershed Protection Program further to the release by the Minister of Environment on November 16, 1998 of a Discussion Paper suggesting the provisions of Phase II; and advising that staff of the Department of Environment and Local Government has indicated that the Minister is very close to taking Phase II of the Watershed Protection Program to Cabinet for approval and the document will not be substantially different from that in the Discussion Paper which, as detailed in previous reports to Council, fails to establish the necessary strong and enforceable measures needed to protect so critical a resource and, in addition, of paramount concern is the failure to specifically protect the City's (soon to be sole source) Loch Lomond watershed from the threat posed by motorized boating and public swimming; and also advising that, although the Province well recognizes the dangers posed to a water supply by such recreational activities in that the Discussion Paper itself clearly states that motorized water craft such as jet skis and motor boats pose the greatest threat to water quality in watersheds and the proposed Phase II would prohibit public swimming and motorized boating in all watersheds supplying New Brunswick communities except for St. Andrews, St. Stephen and Saint John, the answer given, when staff questioned Department of Environment and Local Government representatives as to why those three communities would not be given protection from such risks to their water supply, was that recreational interest groups have threatened the Province with legal action should those activities be prohibited and also that a computer model used by the Department shows "no threat", although the computer model was not run on every watershed, Spruce Lake not having been modelled despite a request from staff to do so. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council request a meeting with the Premier of New Brunswick and the Minister of Environment and Local Government to ensure they clearly understand the importance of ensuring strong and enforceable measures are taken to protect the watersheds, so critical to the supply of safe drinking water for the City of Saint John, and ask that public swimming and motorized boating be prohibited in all of the Loch Lomond watershed. Mr. Hanlon, through a computer-aided presentation, addressed what a watershed is, why it should be protected and what the City does and should do to protect a watershed, noting that the primary purpose of a public water supply was to provide drinking water and, if the City failed to ensure a safe supply of drinking water, it would fail to provide the most basic essential element of life itself. Question being taken, the motion was carried. 15. Closure Of Portion Of Gaelic Drive Consideration was given to a report from the City Manager advising that, to date, only Phase 4 of the Mahogany Heights Subdivision has been developed further to Council's assent in 1993 to Phases 4 and Future Phases of the Subdivision including the creation of two new streets (Gaelic Drive and Erin Court) and an extension of Downsview Drive, and a developer is now preparing to extend Gaelic Drive and Downsview Drive and to construct Erin Court in order to create the remaining lots proposed in the development, with the temporary cul-de-sac turnaround to become part of one of the new lots upon the filing of the subdivision plan, and a formal street closure (by by-law) is necessary in order to bring about this change in the street pattern; and recommending that Common Council initiate the closing of the affected portion of Gaelic Drive and, once closed, the former right-of-way be transferred to the developer allowing for the creation of the anticipated new residential lots as shown on the subdivision plan that received Council's assent in 1993. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (1) authorize advertising of its intention to consider a by-law to stop up and close a 404-square-metre (4,350-square-foot) portion of Gaelic 88-715 COMMON COUNCIL OCTOBER 15, 2001 Drive (public street) as generally shown on the submitted plan of survey; (2) in the event that the by-law to stop and close the above-mentioned portion of Gaelic Drive is enacted, authorize the transfer of the closed portion to the developer of the Mahogany Heights Subdivision; and (3) authorize the Mayor and Common Clerk to sign all necessary documents with respect to these mentioned matters. Question being taken, the motion was carried. 16. Provincial Response To Round Table Report On Local Governance On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting a copy of the Provincial Government's response to the Report on the Round Table on Local Governance which is anticipated to be the primary topic of discussion at the upcoming Cities of New Brunswick Association meeting at which staff and elected officials will be in attendance, following which the City of Saint John will determine the appropriate course of action to follow in the best interests of the citizens of this Municipality, be received and filed. Question being taken, the motion was carried. 17. Harbourfront Greenwav FundinQ Request Read a report from the City Manager further to the presentation to Council on October 9, 2001 of an overview of the Harbourfront Greenway Concept and the request for $95,000 in 2001 to undertake detailed design, engineering and environmental work in order to finalize the capital cost of this phase of the project, advising that proceeding with the detailed design work this year would allow for actual construction to take place during 2002 (if Council and the community were supportive) once the capital costs and funding requirements have been finalized; also advising that a review of the City operating and capital budgets indicates that the $95,000 request cannot be accommodated with the 2001 budget program; however, given that the costs of the study would not be fully incurred before year-end, it would be appropriate to authorize the Waterfront Development Partnership to proceed with the design, with the understanding that Council will approve the $95,000 commitment as part of the 2002 capital budget; and further advising that completing the study would not obligate the City to take further action and, should the City eventually decide to proceed with the Greenway development, a further funding commitment for a portion of the $1,400,000 to $1,700,000 estimated capital cost would have to be provided for in the year 2002 capital budget. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council provide funding to the Waterfront Development Partnership in the amount of $95,000 from the 2002 capital budget to undertake detailed design, engineering and environmental work for the Harbourfront Greenway project. Councillor Teed expressed the view that it was premature to make a commitment to the 2002 capital budget. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be referred to the capital budget. During discussion the Mayor, noting that waterfront development was a priority of Council, expressed concern about delaying the project and spoke to the importance of going ahead with it. 88-716 COMMON COUNCIL OCTOBER 15, 2001 Question being taken, the referral motion was lost with the Mayor, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick and Trites voting "nay". Question being taken, the original motion was carried with Councillor Teed voting "nay". 18. Street ClosinQ Bv-Iaw Amendment - Atlantic Avenue On motion of Councillor Titus Seconded by Councillor Fitzpatrick 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", by repealing Section 157, be read. Question being taken, the motion was carried. 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. 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", be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time 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". (Councillor Chase withdrew from the meeting.) 19. Planning Advisory Committee - Subdivision Assent Re-ZoninQ - Loch Lomond Road I McAllister Drive Read a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 10, 2001 meeting with respect to the City's proposal to vest land for the widening of the Loch Lomond Road right-of-way and creation of a public street right-of-way for McAllister Drive south of Loch Lomond Road; and advising that, due to the housekeeping nature of the proposed street vesting, notice was not given to surrounding property owners. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted subdivision plan, entitled The City of Saint John Subdivision, Intersection of McAllister Drive and Loch Lomond Road, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys and Consultants Ltd. and dated August 1, 2001, with respect to the vesting as a public street of: (a) an approximately 1387 -square-metre parcel of land for widening of the Loch Lomond Road right-of-way, and (b) an approximately 1.79-hectare parcel of land for the McAllister Drive right-of-way; (2) assent to the submitted subdivision plan, entitled The City of Saint John Subdivision, Intersection of McAllister Drive and Champlain Drive, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys and Consultants Ltd. and dated September 5, 2001, with respect to the vesting as a public street of an approximately 7480-square metre parcel of land for the McAllister Drive right-of-way; (3) (a) initiate the process of re-zoning proposed Lot 01-01 as shown on the subdivision plan mentioned in (1) above, being the site of Fire Station No.2 at 842 Loch Lomond Road, also identified as being a portion of NBGIC Number 313874, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, (b) refer the proposed 88-717 COMMON COUNCIL OCTOBER 15, 2001 amendment to the Planning Advisory Committee for a report and recommendation, and (c) authorize the necessary advertising in this regard, with the public hearing to be held on November 19, 2001, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 20. Environment Committee - Healthv Home Project Consideration was given to a letter from the Saint John Environment Committee submitting information regarding the Healthy Home Project initiative by the NB Lung Association and recommending that Common Council send a letter of support, and also submitting a draft letter should Council wish to make use of the format. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that a letter of support be forwarded to the New Brunswick Lung Association with respect to its Healthy Home Project initiative. Question being taken, the motion was carried. 21. Excursions Nautiques Hargo Inc. September 4. 2001 Council Resolution A motion was proposed by Councillor Desmond and seconded by Deputy Mayor White to receive and file the letter from Marc-Andre Gosselin, Director of Operations and Co-owner, and Janine Harris, General Manager and Co-owner, of Excursions Nautiques Hargo Inc., acknowledging receipt of Common Council resolution of September 4, 2001 extending appreciation to Andre Faust as owner of the Reversing Falls Jet Boat Rides for his rescue on August 26, 2001 at the Reversing Falls; advising that Mr. Faust is not the owner but an employee of the Reversing Falls Jet Boat Rides and, while he did the rescue with the equipment and authorization of his employer, they think the emphasis should be on the team instead of an individual and also that the company issued a policy to authorize its captains to use its equipment if a life were in danger; and also advising that they would appreciate the correction being made to the Council minutes. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John express appreciation to Excursions Nautiques Hargo Inc. on its policy to authorize its captains to use its equipment if a life is in danger. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 22. Ian Benjamin - Council Salarv Increase On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the letter from Ian Benjamin advising several reasons for his opposition to the Council salary increase, be received and filed. Question being taken, the motion was carried. 23. Mindcare New Brunswick I Skate To Care 2002 On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Gary McKay, Chairman of Skate to Care 2002, expressing appreciation for all the City has 88-718 COMMON COUNCIL OCTOBER 15, 2001 done for MindCare New Brunswick and Skate to Care in the past, and requesting the City, as a major sponsor, to consider the following areas of sponsorship of Skate to Care 2002 to be held at Harbour Station on February 16: (1) supporting a team of employees, (2) contributing dollars or gifts-in-kind to host a particular aspect of the event, instead of the significant in-kind contribution made in previous years, such as (a) sponsoring complimentary parking for skaters and the general public for the day, (b) together with three other major sponsors, contributing to the preparation of a TV advertisement to promote the event, (c) helping with the provision of games equipment, and (d) financial support to rent a stage and sound equipment; and (3) any other promotional activities which may be mutually beneficial, be referred to the budget process. Question being taken, the motion was carried. 24. Bricor One Inc. - Re-ZoninQ Of 178 Thorne Avenue On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of Bricor One Inc. for the re-zoning of property located at 178 Thorne Avenue 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 19, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. Residents' Appreciation - Work Done On Chapel Street On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from citizens of Chapel Street West thanking the City for work done on their street during the summer and early fall, making Chapel Street more functional and enhancing its beauty, be received and filed and a copy be provided to the City employees concerned. Question being taken, the motion was carried. 26. Atlantic Political Studies Association Appreciation Of Grant For Conference On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Louisa Seales, President of the University of New Brunswick Saint John, thanking Council for its support for the upcoming Atlantic Political Studies Association Conference, be received and filed. Question being taken, the motion was carried. 27. Saint John Salvage Corps And Fire Police Request For MeetinQ And StoraQe Space On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Harold Mayes, Captain of the Saint John Salvage Corps and Fire Police, requesting Council to take whatever steps necessary to provide the Corps with a permanent meeting and storage area, be referred to the City Manager. Question being taken, the motion was carried. 88-719 COMMON COUNCIL OCTOBER 15, 2001 28. H. Sauerteig - Fundy Region Solid Waste Commission OrQanics Facilitv Over BudQet On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the letter from H. Sauerteig commenting on the Fundy Region Solid Waste Commission being $1.2 million over budget for the organics facility; and suggesting that Common Council should consider asking the Minister of the Department of the Environment and Local Government to have the Lieutenant-Governor in Council appoint a trustee for the Commission, as provided for in Section 15.8(1) of the Clean Environment Act, be referred to the City Solicitor. Question being taken, the motion was carried. Adjournment The meeting adjourned. Common Clerk