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2001-12-03_Minutes 88-764 COMMON COUNCIL DECEMBER 3, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of December, A.D. 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. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; 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; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; A. Bodechon, Deputy Chief of Police; P. Morgan, Personnel Officer; 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. Gordon O'Coin of Calvary Temple offered the opening prayer. 8. Santa Claus Parade - Presentation Of Awards The Mayor recognized Anne Merzetti, Chair of the Annual Santa Claus Parade Committee, who expressed appreciation to those involved in the 49th Annual Santa Claus Parade held on November 17, 2001, particularly the Saint John Police and Fire Departments, the Saint John Fire Police, the Radio Club and Rogers Cable for televising the Parade, as well as Committee members and Parade judges; and advised that the Year 2002 Parade would be held on Saturday, November 16, commencing at 6:00 o'clock p.m., marking the Parade's 50th anniversary. Ms. Merzetti announced the 2001 Santa Claus Parade entry winners to whom the Mayor presented awards in the various categories as follows: Honourable Mention - Crescent Valley Tenants Association, Gentle Path Counselling Services Ltd. (not present), Scouts Canada, Royal Lepage Atlantic, Cochran's Home Away from Home Daycare, Saint John Police Force, Lafarge Construction Materials, and Saint Malachy's High School; Best Commercial - Cendant, Best MarchinQ Band - #587 Simonds, Best Twirlers - Fundy Twirlers & Starettes, Best Use of LiQhts - Simonds High School, Best Industrial - J. D. Irving Equipment, Best Association - Kings Valley Wesleyan Church, Best CheerleadinQ Squad - Carleton Community Centre Bantam Cheerleaders, Chairman's Choice - Halifax Seed, Best HiQh School - Harbourview High, Best Individual Entrv - Santa (not present), and Best Parade Entrv -Saint John Energy. 8. Presentation Of Roval Union FlaQ Mayor McAlary recognized George Teed, President of the United Empire Loyalists' Association of Canada, New Brunswick Branch, who presented a Royal Union Flag to the City of Saint John, and asked that it be put on display in the Red Room or such other suitable location so that citizens and visitors alike could readily observe it. Mr. Teed made the observation that the Royal Union Flag, composed of the flags of England and Scotland, was the flag used by British North America and by the American Loyalists when they established and built the City of Saint John. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the Common Council of the City of Saint John accept, with appreciation, the gift of a Royal Union Flag from the United Empire Loyalists' Association of Canada, New Brunswick Branch. 88-765 COMMON COUNCIL DECEMBER 3, 2001 Councillor Teed, in proposing the motion, noted that Mr. Teed was not only a former City of Saint John Councillor but also his brother. Question being taken, the motion was carried. 2. Approval of Minutes On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on November 19,2001, be approved. Question being taken, the motion was carried. 3{a) ZoninQ Bv-Iaw Amendment - 535 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a portion of a parcel of land located at 535 Westmorland Road (Westmorland Place) (NBGIC Number 426668), having an area of approximately 7,875 square meters (84,768 square feet), from "SC" Shopping Centre to "SC-2" Shopping Centre classification, to permit a second, licensed lounge within the existing property, as requested by E & P Holdings Ltd. (through Comprop Inc. - Agent), and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 27,2001 at which Fred Dixon appeared on behalf of the applicant in favour of Planning's staff recommendation, and recommending that Common Council re-zone a parcel of land located at 535 Westmorland Road (Westmorland Place) that is occupied by Building "A" and "B" as noted on the submitted plan, having an area of approximately 7,875 square metres (84,768 square feet), also identified as being NBGIC Number 426668, from ""SC" Shopping Centre to "SC-2" Shopping Centre classification. Fred Dixon, representing Comprop Inc. - Agents for E & P Holdings Ltd., appeared in support of the proposed amendment, and expressed agreement with the recommendations of staff and the Planning Advisory Committee. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a portion of a parcel of land located at 535 Westmorland Road (Westmorland Place) (NBGIC Number 426668), having an area of approximately 7,875 square metres (84,768 square feet), from "SC" Shopping Centre to "SC-2" Shopping Centre classification, be read a first time. Question being taken, the motion was carried with Councillor Desmond voting "nay". Read a first time the by-law entitled, "By-law Number C.P. 100-581 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Titus 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 portion of a parcel of land located at 535 Westmorland Road (Westmorland Place) (NBGIC Number 426668), having an area of approximately 7,875 square metres (84,768 square feet), from "SC" Shopping Centre to "SC-2" Shopping Centre classification, be read a second time. 88-766 COMMON COUNCIL DECEMBER 3, 2001 Question being taken, the motion was carried with Councillor Desmond voting "nay". Read a second time the by-law entitled, "By-law Number C.P. 100-581 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. 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 221-225 Cheslev Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 3, 1973 re-zoning of the property situated at 221-225 Chesley Drive (NBGIC Numbers 55072656 and 55144745), being Site C under the North End Renewal Scheme, to permit the construction of a new YM-YWCA facility, as requested by Hughes Surveys & Consultants Ltd., 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 and two letters in concern about the proposal considered by the Committee at its November 27,2001 meeting at which Rick Turner of Hughes Surveys & Consultants Ltd. expressed agreement with Planning staff's recommendation, Ann Ralph of the Saint John YM-YWCA described the proposed project and the services to be provided and the need for a new facility, representatives of Meridian Construction and Murdock and Murdock Architects, and Hodges Hamm representing the present owner of the subject site, addressed the Committee in favour of the proposal, and Erik Madsen expressed concern about the potential impact of the development on his view of the harbour and the possibility that a hostel would be part of the development; and recommending that Common Council amend the conditions imposed on the July 3, 1973 re-zoning of the property situated at 221-225 Chesley Drive, being Site C under the North End Urban Renewal Scheme, also identified as NBGIC Numbers 55072656 and 55144745 as set out herein. Rick Turner of Hughes Surveys & Consultants Ltd., speaking in support of the application made on behalf of the Saint John YM- YWCA, advised his client's agreement with the above recommendation, noting the recommended conditions related specifically to quality of the development and the exterior of the building, as well as the landscaping component. Ann Ralph of the Saint John YM- YWCA addressed Council in support of the amendment, and outlined the proposal for a new facility at the subject location in terms of size, cost, need, services to be provided, benefit to the community, and economic spin-offs, and noted the presence at the meeting of David Peacock of Meridian Construction and Greg Murdock of Murdock and Murdock Architects to answer questions in this regard, as well as the presence of Dr. Michael Taylor, head of the Y's working facility committee. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions imposed on the July 3, 1973 re-zoning of the property situated at 221-225 Chesley Drive, being Site C under the North End Urban Renewal Scheme, also identified as NBGIC Numbers 55072656 and 55144745, to permit the following: (a) the majority of the subject site, as generally illustrated on the submitted Schematic Design - Preliminary Site Plan, shall be developed for a YM-YWCA building and associated parking facilities, subject to the following conditions: (i) the development of the site shall be in accordance with the provisions of the Zoning By-law applicable to the "BP" Business Park zone, except that 88-767 COMMON COUNCIL DECEMBER 3, 2001 one free-standing sign with a maximum area of 12 square metres (130 square feet) shall be permitted; (ii) the developer must pave all driveway and parking areas with asphalt, and must enclose the paved areas with continuous cast-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (iii) the developer must provide adequate site drainage facilities (including catch basins, where necessary) in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, (iv) the developer must landscape all disturbed areas of the site not occupied by the buildings, driveway, walkways, parking or loading areas; (v) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating all buildings and structures, including exterior design and finishes, free-standing sign (if any), driveway and parking facilities, exterior lighting, landscaped areas, other site features, and the approved site plan and building elevation plans must be attached to the application for building permit for the development; and (vi) the developer must complete all site improvements shown on the approved site plan and drainage plan within one year of building permit approval; (b) the portion of the subject site labelled "Historic Site" on the submitted Schematic Design - Preliminary Site Plan, shall be on a separate lot and shall be maintained as a historic site pursuant to the requirements of the N.B. Historic Sites Protection Act; and (c) the portions of the subject site adjacent to the property at 55 Bentley Street (NBGIC Number 369108), as generally illustrated on the submitted Schematic Design - Preliminary Site Plan, shall be consolidated with and used in conjunction with the adjacent property at 55 Bentley Street, in accordance with the zone provisions for that property. Councillor Teed expressed concern about the subject site, because of its size, being tied up for such a small development. Question being taken, the motion was carried with Councillor Teed voting "nay'. On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. Street ClosinQ Bv-Iaw Amendment - Gaelic Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Gaelic Drive, and no written objections were received in this regard. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law to amend the Street Closing By-law of the City of Saint John, with respect to stopping up and closing of a portion of Gaelic Drive, be read a first time. Question being taken, the motion was carried. Read a first 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". On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law to amend the Street Closing By-law of the City of Saint John, with respect to stopping up and closing of a portion of Gaelic Drive, be second a first time. Question being taken, the motion was carried. Read a second 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". 88-768 COMMON COUNCIL DECEMBER 3, 2001 6. Saint John West Business Association - Fairville Boulevard And SurroundinQ Development The Mayor recognized the presence at the meeting of former Deputy Mayor Derek Chase and former Councillor Peter Murray as part of the Saint John West Business Association delegation. Chuck Crawford, President, and Hodges Hamm, Secretary of the Saint John West Business Association, through a computer-aided presentation, apprised Council of the Association's membership and goals, and advised of its concerns regarding the safety of Fairville Boulevard, better known as "The Golden Mile", in its lack of sidewalks and crosswalks. Mr. Crawford addressed the change in Fairville Boulevard from its original industrial park concept to an area containing a mixture of businesses ranging from retail operations to warehousing as well as two hotels thereby creating a problem for people who want to walk from one business establishment to another as they are forced to walk along the shoulder of the Boulevard and to cross it without the assistance of a crosswalk; and requested the City to budget enough money to install crosswalks on Fairville Boulevard and to extend the sidewalk along at least one side of it. Mr. Hamm expressed concern about the speed at which vehicles travel on Fairville Boulevard and asked that this be addressed as soon as possible. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that with regard to the presentation on behalf of the Saint John West Business Association, the matter of the speed limit and crosswalks on Fairville Boulevard be referred to the City Manager for a recommendation to Council as soon as possible, and the request for funding for sidewalks be referred to the capital budget. Question being taken, the motion was carried. 13. Terms Of 2001 Bond Issue On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $9,666,000 at the following terms: Term: 10-year, serial form; Coupon Rate: Year 1 - 2.450, Year 2- 3.000, Year 3 - 3.550, Year 4 - 4.050, Year 5 - 4.500, Year 6 - 4.750, Year 7 - 5.000, Year 8 - 5.250, Year 9 - 5.400, Year 10 - 5.500; Price: $99.32; Average Yield: 4.519%; Settlement Date: November 30, 2001. Question being taken, the motion was carried. 14. Naming Of Connector Road Between McAllister Drive And Consumers Drive On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council name the road between McAllister Drive and Consumers Drive, Majors Brook Drive, and amend the list of Official Street Names by adding Majors Brook Drive. Question being taken, the motion was carried. 15. Naming Of Road Between Churchill Boulevard And Sandy Point Road Consideration was given to a report from the City Manager advising of a request to recognize the contribution made by former Mayor of the City of Saint John Samuel Davis to the growth and improvement of the City of Saint John; commenting on the custom used in Saint John in naming streets, and noting that, of 62 former mayors 88-769 COMMON COUNCIL DECEMBER 3, 2001 since incorporation, 48 have been used in street names and, of the remaining 14 mayors, only 8 are deceased; and setting out a recommendation with respect to naming a street after former Mayor Samuel Davis and for a policy on using the names of deceased mayors in naming City streets. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) Common Council name the road between Churchill Boulevard and Sandy Point Road, Samuel Davis Drive, and amend the list of Official Street Names by adding Samuel Davis Drive; and (2) it is the policy of the City to consider the names of deceased mayors and deceased members of Common Council for use in the street naming process when a prominent street is to be named or renamed. At the Mayor's request, the mover and seconder of the City Manager's recommendation agreed to change the motion to include members of Common Council in (2), and the Mayor noted the intent to hold a ceremony for the Davis family when the street signs were put up. Question being taken, the motion was carried. 16. Re-Zoning Of City-Owned Land With Atlantic Avenue Former Street RiQht-Of-Wav On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager referring to Council's enactment of a Street Closing By-law amendment for a portion of the former Atlantic Avenue public street right-of-way and Council's authorization of July 23,2001 for the subsequent sale of the land to 501226 N.B. Ltd. (Raymond Slattery) subject to the street closing; also referring to 501226 N.B. Ltd.'s application for the re-zoning of the lands at 17-21 Westmorland Avenue to establish a car sales lot in addition to the existing residence, the applicant's intention being to use the recently closed portion of Atlantic Avenue right-of-way for this business; advising that, while staff has concern regarding the proposal given the limited dimensions of the subject site, in order to carry out the proposed business over the former street right-of- way it will also be necessary to include this area in the re-zoning application; and recommending that Common Council authorize the necessary advertising to re-zone the subject area, as illustrated on the submitted survey plan, having an approximate area of 342 square metres (3,681 square feet), also identified as being a portion of the former Atlantic Avenue public street right-of-way closed by Common Council on November 13, 2001, to be included in the re-zoning application by 501226 N.B. Ltd. which would re- zone the subject area to "SZ#5" Special zone #5, be received and filed and the recommendation adopted. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 17. Request For Extension For Temporary Location Of Mobile Home At 3396 Loch Lomond Road Read a report from the City Manager advising of the request for a one- year extension for the location of a mini-home at 3396 Loch Lomond Road, Common Council having approved its temporary placement in June 1999 and August 2000, the applicant having indicated that the mini-home would be removed when his parents no longer need it and his father still resides there; and recommending a one-year extension, if Common Council so wishes. On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that pursuant to the Mobile Home Parks By-law, Common Council permit a mini-home to be situated on the property at 3396 Loch Lomond Road for a temporary period of one year. 88-770 COMMON COUNCIL DECEMBER 3, 2001 Question being taken, the motion was carried. 18. FundinQ For Monte Cristo PlaVQround Consideration was given to a report from the City Manager in response to Council's July 9, 2001 referral of a petition from residents of Monte Cristo Park requesting a playground for their neighbourhood. On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City of Saint John acquire a licence from Nilsson Livestock Ltd. to occupy Lot 1 in Monte Cristo Park (as per the submitted plan), for recreational/playground purposes as per the following terms and conditions: (a) the term of the licence shall be one year with automatic one-year renewals to a maximum of four, (b) the licence terminates upon relocation of the playground to the future land for public purposes site; (c) consideration of $1 per annum - licence fee; (d) the City shall indemnify the licensor with respect to matters arising in connection with the development and use of the site as a playground; (e) the development, operation and eventual relocation of the temporary playground shall be at the sole cost and expense of the City of Saint John; (f) the City of Saint John shall relocate the temporary playground and infrastructure within one year of vesting of the future plan ground site (future land for public purposes), and further that the Mayor and Common Clerk be authorized to execute the licence. Mr. Nugent expressed the view that section (d), as set out in the City Manager's recommendation in the above report, would impose a significant liability upon the City prior to the land being developed as a playground, and suggested that the City should not accept that responsibility and, while it would be appropriate to accept the indemnification of the land owner once the City developed the playground, to accept responsibility for the site prior to that would be an obligation he believed to be too onerous for the City to accept, and recommended that (d) be altered so that, if Council were prepared to accept the arrangement, Council would agree to indemnify the owner upon the City accepting the proposal for the playground and actually developing the playground and bringing it into existence and, at that point forward, it would be appropriate to accept liability but prior to that it would be inappropriate. The mover and seconder of the motion agreed to change section (d) in accordance with the City Solicitor's advice. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 6A. Waste And Wastewater Career Development New Brunswick Community ColleQe - Saint John Consideration was given to a report from the City Manager seeking Council's endorsement of the program summarized in the submitted paper, Commitment to Excellence: Career Development, Training and Certification In Water And Wastewater aperations, prepared in cooperation with Local 18 (Outside Workers) - Canadian Union of Public Employees, and the New Brunswick Community College Saint John, in order to advance staff training, certification and career development in water and wastewater services and, in conjunction with that, to work toward establishing in Saint John a centre of excellence for water and wastewater; advising the fundamentals of the program, and setting out a recommendation in this regard. Mr. Groody, followed by Elaine Munroe of the New Brunswick Community College Saint John, and David Gould, President of Local 18 CUPE, spoke in the above regard, and the presence at the meeting of New Brunswick Community College Saint John representatives, Peter McGill, Principal, Malcolm Brett, Head of the Chemical, Electronics and Industrial Control Studies Department, and Matthew McKim, Chemical Technology Coordinator Instructor, and a delegation of Local 18 employees was acknowledged, as well as the efforts of the City's Personnel Officer Peter Morgan in developing the program. 88-771 COMMON COUNCIL DECEMBER 3, 2001 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (1) support the career development, training and certification concepts being developed for the City of Saint John's water and wastewater services, (2) approve the submitted Memorandum of Understanding with the New Brunswick Community College Saint John (Province of New Brunswick) for development of education, training and research programs in water and wastewater operations; and (3) initiate dialogue with the Government of New Brunswick and others toward securing the long-term viability of the proposed initiative. Question being taken, the motion was carried. 19. Traffic On Boars Head Road & Woodward Avenue On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising, in response to Council's July 9, 2001 direction for staff to review vehicle traffic on Boars Head Road and Woodward Avenue, both streets are functioning effectively as urban collector streets and should be able to continue at this level of service and support future development; and noting that there were no traffic concerns identified or recommendations for improvements in this area contained in the Transportation Study completed two years ago, this study having been directed toward the development of a twenty-year street and highway network improvement plan, be received and filed and staff continue to monitor traffic and parking in the area. Question being taken, the motion was carried. 20. Deeming Surplus & Advertising For Sale - City-Owned Lands On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John deem the following lands surplus to the needs of the City and authorize the advertising for the purpose of soliciting bids for the sale of the lands: (1) Blue Rock Court (PID Numbers 368076,367144,365619,367581 and 367573), (2) 199 Cranston Avenue (PID Number 31401), (3) 104 and 128 St. John Street West (PID Numbers 365338 and 365346), (4) 144 Courtenay Avenue (PID Number 417584), (5) 511 Green Head Road (PID Number 468322), (6) Millidge at Somerset (PID Number 47381), (7) Sea Street (PID Number 394973), (8) 26 Lockhart Street (PID Number 24927), (9) a portion of 55 University Avenue (portion of NBGIC Number 380758), (10) 13 Foulis and 131 Pugsley Avenue (NBGIC Numbers 371948 and 411876), (11) Site E/F, Chesley Drive (NBGIC Number 55093983), and (12) 315 Metcalf Street (Lot 85-2) (NBGIC Number 55040224), and upon review of the submissions, staff report back to Council with the results and make an appropriate recommendation. Question being taken, the motion was carried. 21. Vesting Of "Common Lanes" Within Boundaries Of Former East Saint John School Property. Bavside Drive Consideration was given to a report from the City Manager referring to the former East Saint John School property PID Number 347864 on Bayside Drive, which consists of Lots 1 t012 inclusive, one-half of Lot 20 to 30 inclusive in Block 1 shown on a plan of subdivision of Bayview, and advising that, while in a deed registered on March 30, 1921, the Trustees of School District Number Eight in the Parish of Simonds obtained the interest of Eastern Terminal Realty Co. Limited in the portion of a lane or local common running through the centre of Block 1 extending from Spruce Avenue to the south line of Lots 5 and 6, a further title search has not resulted in finding title to the lane from Lots 5 and 26 to the south line of Lot 12, being the limits of the School property, and setting out a recommendation that, if adopted by Council, would resolve outstanding deeds and title issues. 88-772 COMMON COUNCIL DECEMBER 3, 2001 On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, (a) Common Council authorize the publication of a notice of its intention to move a resolution to vest in the City of Saint John the fee simple interest in the "common lanes" shown on the submitted plan within the boundaries of PID 347864; (b) in the event that the resolution is adopted, the City convey its interest in the former "common lanes" to Her Majesty The Queen in Right of the Province of New Brunswick as represented by the Minster of Education, and (c) the Mayor and Common Clerk be authorized to execute all documents of conveyance. Question being taken, the motion was carried. 22. Street Closing By-law Amendment - Portions Of Westmorland Street & Saint Catherine Street; Vesting Of "Fire Lanes" Shown On Plan Of Tisdale Place Read a report from the City Manager advising that the Legal Department, in anticipation of completing the acquisition of a municipal services easement authorized by Common Council resolution of April 2, 2002 through lands occupied by Bayside Middle School (PID Number 322180), Saint Catherine Street and Westmorland Road, found that the specifically numbered lots were acquired by the Temporary Trustees of the Simonds Regional High School District No.1 (predecessor in title to the Province) by deed dated April 10, 1948, and was not able to determine whether or not the undeveloped streets and fire lanes within the limits of the subject property were closed off and abandoned by the Simonds Highway Board prior to amalgamation in 1967 as the Registry Office records do not indicate the filing of the required resolution, and Board's records are inaccessible, and the undeveloped streets and fire lanes have not been closed up by the City since amalgamation; also advising that it was agreed between City staff and staff in the Provincial Department of Supply and Services that, in exchange for the Province allowing the City to enter upon and complete the work required to install the water mains through PID Number 322180 without documentation in place, City staff would place before Council the recommendations required to vest the fire lanes and close undeveloped streets. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (a) Common Council authorize the advertising of its intention to consider a by-law to stop up and close those portions of Westmorland Street and Saint Catherine Street within the boundaries of PID Number 322180 and Hayes Avenue in its entirety; (b) Common Council authorize the publication of a notice of its intention to move a resolution to vest in the City of Saint John the fee simple interest in the 15-foot wide lanes commonly referred to as fire lanes shown on the plan of Tisdale Place being within the boundaries of PID Number 322180 subject to any easement over the same expressly granted or otherwise acquired by adjoining owners; (c) in the event that the by-law is enacted and the resolution adopted, the City convey its interest in the former street(s) or portions thereof and former fire lanes to Her Majesty The Queen in Right of the Province of New Brunswick as represented by the Minister of Education, and (d) the Mayor and Common Clerk be authorized to execute the documents of conveyance. Question being taken, the motion was carried. 23. Street ClosinQ Bv-Iaw Amendment - Mark Drive Consideration was given to a report from the City Manager advising that, although a December 9, 1999 Common Council resolution spoke to the closure and conveyance of portion of Mark Drive, it did not authorize the advertisement and, as well, the area of land to be closed, as noted in the resolution, was an estimate and, now that the street had been constructed, the actual area of street to be closed has been calculated and is 1,346 m2 :t , twice the estimate of December 9, 1999; also advising that the subject portion of street contains an overhead power line and a catch basin at the northern point of the area to be closed and, if closed, the sale to Silver Falls Development Company Limited should be subject to the appropriate public utility and municipal services easements required to protect existing infrastructure. 88-773 COMMON COUNCIL DECEMBER 3, 2001 On motion of Deputy Mayor White Seconded by Councillor Teed RESOLVED that as recommended by the City Manager, (1) Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close a 1,346 m2 :t portion of Mark Drive (Parcel A), as generally shown on the submitted plan; and (2) in the event the 1,346 m2 :t portion of Mark Drive is stopped and closed, the City of Saint John: (a) assent to the necessary municipal services and public utility easements as generally shown on the submitted plan; (b) sell, subject to any easements required for municipal services and public utilities, Parcel A (formerly a portion of Mark Drive as generally shown on the submitted plan), to Silver Falls Park Development Company Limited for one dollar (plus HST, if applicable) and (c) the Mayor and Common Clerk be authorized to execute all documents of conveyance. Question being taken, the motion was carried. 24. Nature Conservancy Of Canada's Request To Purchase Property In MusQuash Read a report from the City Manager advising that, further to staff's recommendation to Committee of the Whole on August 20,2001 of the sale of PID Number 274308 near the Musquash Estuary near Five Fathom Hole to the Nature Conservancy of Canada, the City could place a reversion clause in the deed (i.e. title of the parcel would revert to the City if the Conservancy ceased to exist or the purpose for which the land was sold changed); however, as the subject land is being sold for its fair market value, a reversion clause is not acceptable to the Conservancy; suggesting that the simplest solution to this matter is to place a restrictive covenant in the deed limiting the use of the land to buffer, recreational, conservation, or environmental protection purposes and any future change of use would require the consent of the City of Saint John, and also advising that staff supports a deed restriction as opposed to an option to repurchase or first right-of-refusal. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John sell PID 274308 in Musquash (being comprised of two parcels) to the Nature Conservancy of Canada for $26,200 (plus HST, if applicable), with the stipulation that the use of PID Number 274308 be limited to buffer, recreational, nature conservation, or environmental protection purposes, and the Mayor and Common Clerk be authorized to execute all documents of conveyance. Question being taken, the motion was carried. 25. Acceptance Of Grant Of Easement And RiQht-Of-Wav. Minette Street Read a report from the City Manager advising that the Saint John Port Authority has delivered the submitted Lease No.57, being a grant of easement and right- of-way to the City for the next three years, October 1, 2001 to September 30, 2004 with respect to land between Saint John Street and Minette Street for use of a street, similar rights having been exercised by the City since the 1930s. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John accept the grant of easement and right-of-way (Lease No. 57) from the Saint John Port Authority, and the Mayor and Common Clerk execute the grant of easement and right-of-way (Lease No. 57). Question being taken, the motion was carried. 88-77 4 COMMON COUNCIL DECEMBER 3, 2001 26. Street ClosinQ Bv-Iaw Amendment - Hvdro Place Consideration was given to a report from the City Manager advising that Canada Mortgage and Housing Corporation, this past May, opted out of what is called "Project 91" on Churchill Boulevard, a project which the City opted out of many years ago allowing it to be operated by New Brunswick Housing Corporation and CMHC and, during the process of title transfer to NBHC, a few anomalies were discovered, one being that Hydro Place, formerly known as Fifteenth Street, was supposedly stopped up and closed in 1993 along with six other streets servicing buildings in the area and, at the time of closing, Fifteenth Street was associated with Parcel K as opposed to Parcel Lon the plan used to facilitate the closure of Rifle Range streets, and secondly the City of Saint John originally held title to the subject land and, while title was conveyed to CMHC and to the Province in 1952, it appears that the City still holds title to what is now referred to as Parcel 0 and E as indicated on the submitted plan, and it is this right-of- way and the wording in a previous deed that resulted in title being retained by the City; also advising that the Province has requested that the City stop up and close Hydro Place (Parcel L) and convey it to NBHC along with Parcels 0 and E. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close Hydro Place, as generally shown on the submitted plan, also shown as Parcel L on the plan titled "Survey Plan Showing Street Closure adjacent to Churchill Boulevard, (Rifle Range) City of Saint John, Saint John County, New Brunswick", filed in the Office of the Registrar of Deeds on February 17, 1993 as Number 3000; (2) in the event Hydro Place is stopped up and closed, the City of Saint John: (a) assent to all necessary municipal services and public utility easements, as generally shown on the submitted plan; (b) sell, subject to a municipal services easement over the entire parcel, Hydro Place to New Brunswick Housing Corporation for one dollar (plus HST, if applicable); and (c) the Mayor and Common Clerk be authorized to execute all documents of conveyance; and (3) the City of Saint John: (a) subdivide and quit claim any City interest subject to municipal services easements as generally shown on the submitted plan, the City's interest in portions of PID Numbers 47126 and 411350, generally shown as Parcels "0" and "E" on the submitted plan, to New Brunswick Housing Corporation for one dollar (plus HST, if applicable); (b) assent to all necessary municipal services easements as generally shown on the submitted plan; and (c) the Mayor and Common Clerk be authorized to execute all documents of conveyance. Question being taken, the motion was carried. 27. Mavors' Committee On HiQher Education On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's November 5, 2001 request for a report on the Mayors' Committee on Higher Education, the Mayors of the Greater Saint John area, in meeting from time to time on common issues and as part of the Mayors' Growth Strategy being overseen by Enterprise Saint John, assembled a committee in early 2001, chaired by Peter Jollymore, to examine the issue of higher education in the Greater Saint John area with the mandate of articulating the expectations, needs, and opportunities of higher education in Saint John from a regional perspective; also advising that the Committee is examining four critical issues relevant to the future development of the University of New Brunswick - Saint John and its ability to contribute significantly to the long-term development of the Greater Saint John area as follows: vision and focus of the University, the structure of the University in respect to what kind of structures might be needed to enhance the relationship between the University and the community as well as enhance its overall performance, the resourcing of the University, both financial and human, and relationships, between and with whom, and it was hoped that a final report would be to the Mayors by year-end; and recommending that Common Council endorse the regional mandate of the Mayors' Committee on Higher Education, be received and filed and the recommendation adopted. 88-775 COMMON COUNCIL DECEMBER 3, 2001 Councillor Teed noted that the above report did not advise the terms of reference or committee structure and the committee apparently dealt only with the University of New Brunswick, not with higher education generally, and questioned the involvement of the City's Intergovernmental Affairs Officer in this matter, and how Council could approve a mandate for the committee without knowing the structure, the terms of reference and to whom it reports. The Mayor spoke to the Committee's establishment as part of Enterprise Saint John's Growth Strategy initiative. Question being taken, the motion was carried with Councillors Teed and Titus voting "nay". 7. Fundy Region Solid Waste Commission (a) 2001 Overexpenditure; (b) 2002 BudQet 7{a) Consideration was given to a letter from Jens Jensen of Vaughan Engineering submitting, on the understanding that he was to appear at this meeting concerning the Fundy Region Solid Waste Commission's capital projects, a copy of his letter to the Commission giving observations and sharing thoughts on the implementation of capital projects referenced in the Commission's 2001 and 2002 budgets and specifically addressing the administrative actions which ought to have been taken by the Commission management in managing the capital accounts, and any concerns Councillors may have regarding the respective roles of Vaughan Engineering Limited and him. 7{b) Consideration was also given to a letter from the Fundy Region Solid Waste Commission advising that, pursuant to section 15.7(1) of the Clean Environment Act, the Commission would be voting on its proposed capital and operating budget for the fiscal year 2002, as submitted, this matter having been tabled at Council's last meeting. Peter LeBlanc, Chairman of the Fundy Region Solid Waste Commission, noted the presence at the meeting of former General Manager of the Crane Mountain landfill, Jens Jensen; Anthony Stewart, General Manager, and Don Shaw, Public Relations Officer, of the Commission, as well as Commissioners Aubrey Fougere representing St. Martins, Kim Marshall representing Lower Greenwich, Don Shea representing Rothesay, and Phil Finkle representing the local communities in which the landfill operates. Mr. LeBlanc advised that, along with dealing with the issue of the $1.2 million overexpenditure and the proposed 2002 budget, the Commission would like to present a video, time permitting. Jens Jensen, in addressing Council, reviewed his correspondence referenced above, including his observations on financial management concerning the compost plant and capital programs as set out in his November 27, 2001 letter to the Commission Chairman and the role of Vaughan Engineering Limited and him, having accepted a position with Vaughan Engineering in January 2001, actually leaving the Commission's employment in March 2001 and with the Commission on a part-time basis until the end of June to brief the new General Manager and assist with that transition. Mr. Jensen responded to questions in this regard. During discussion the Mayor commented in terms of the Commission's responsibility to know about cost overruns and the reason for them and her concern about the Commission's lack of information in this regard, and Mr. LeBlanc acknowledged the Commission's realization that it had allowed the situation with the compost program to happen and did not have the safeguards in place through it; however, the Commission was comfortable that the money was not squandered as it was in the Crane Mountain landfill in a very progressive facility. The Mayor asked how the Commission could change its operation to have a more hands-on or at least a better knowledge of what was happening in the operation, and Mr. LeBlanc advised that the Commission passed a motion to look at every aspect of its financial management, including the role of the Financial Officer, the issue of the General Manager being the sole person to police and manage the projects and a process audit, and was in the midst of that now, and also that the Commission would now see a recap of all the cheques payable and, when that exercise was concluded, the Commission would come back to 88-776 COMMON COUNCIL DECEMBER 3, 2001 Council and the other constituent councils to advise what was done to protect the finances of everybody who contributes to future programs. With regard to the video presentation, the Mayor suggested that, in the interest of time, Mr. Stewart could first respond to questions on the proposed 2002 budget. Mr. Stewart, replying to queries, advised that the amount of outstanding debt to date was about $14 million to the end of 2001 and another approximately $9 million would be put on the books this year for a total of about $23 million, with the total cost of the landfill being in the vicinity of $40 million and, as for the need of $250,000 for public education, expressed the view that public education was critical to increasing diversion rates from the current approximate 32% rate to 40%; and, in terms of a capital borrowing plan for the future, Mr. Stewart advised that there was no plan for next year and, although the debenture schedule showed borrowing in 2004 for the development of cell four, the requirement of that cell would be based entirely on how quickly the current cell was filled up and, with continued increased diversion, the construction of the next cell could be pushed into 2005 or 2006 and that would be the goal. It was suggested that the Commission should provide Council with more details on its capital budget, as well as a comparison of the revenue projected for next year with the last two or three years' budgets and the actual budget, and long-term projections with a realistic inflation rate built in and long-term projections on tipping fees. (Deputy Mayor White withdrew from the meeting during the above discussion.) On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the 2002 budget presentation on behalf of the Fundy Region Solid Waste Commission be referred to the City Manager. The Mayor advised that Council would view the Commission's video at another time, noting that the Commission would be coming back to Council on its budget, and Mr. LeBlanc suggested that the Commission should come before Council more often. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting as he was not present at the November 19, 2001 public hearing for the proposed re-zoning of 842 Loch Lomond Road). 28. ZoninQ Bv-Iaw Amendment - 842 Loch Lomond Road On motion of Councillor Fitzgerald Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a portion of NBGIC Number 00313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a 88-777 COMMON COUNCIL DECEMBER 3, 2001 portion of NBGIC Number 00313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, 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, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John". (Councillor Titus re-entered the meeting.) 29. Distribution Of Council Agenda PackaQes To Media Representatives Consideration was given to a letter from the Common Clerk advising of a request of the media representatives who regularly cover Common Council meetings for advance copies of the agenda packages containing items to be considered at Common Council meetings, such information presently distributed to the news media at the commencement of Council meetings which is consistent with the procedure followed in other New Brunswick municipalities; recommending that Council, if agreeable to this request, approve distribution of agenda packages not earlier than one hour prior to a regular Council meeting, and further that Council adopt an embargo policy that information so distributed cannot be broadcast, printed or otherwise released until commencement of the Council meeting at which the items will be considered; and submitting the administrative procedure to be followed should Council adopt this recommendation. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Council approve the distribution of agenda packages not earlier than one hour prior to a regular Council meeting, and further that Council adopt an embargo policy that information so distributed cannot be broadcast, printed or otherwise released until commencement of the Council meeting at which the items will be considered. Councillor Teed expressed the view that it would be improper for media representatives to get the packages before Council debated the issues, noting that Council may not have one of the items on the agenda or move it be tabled, and suggested that one of the problems could be that a news item could be prepared without having heard the debate. Question being taken, the motion was carried with Councillors Desmond and Teed voting "nay". 30. Committee Of The Whole Report Read the report of the Committee of the Whole To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, November 19, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John sell Lot 78-1 (PID Number 55006027), commonly referred to as the Howard Johnson Hotel property on Chesley Drive, to Hotel Saint John Limited for $150,000 plus HST (if applicable), and the deposit of $15,000 be held as a down payment and shall form part of the purchase price, and further that the Mayor and Common Clerk be authorized to execute the submitted agreement of purchase and sale, as well as transfer and related documents. 88-778 COMMON COUNCIL DECEMBER 3, 2001 December 3, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 30.1. Sale Of Howard Johnson Hotel Property - Cheslev Drive On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 31. Saint John Art Advisorv Board - Membership On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Bernard J. Cormier, Secretary of the Saint John Art Advisory Board, advising that the following three members have officially resigned from the Board: Mary K. Cormier, Dr. Herzl Kashetsky and Dr. Fred Ross, and recommending that the following people be appointed to fill the vacancies created: Peter Buckland, Paul Castle and Dr. Frank McCarthy, all three of whom have been approached by the Board's Nomination Committee and have indicated their willingness and interest in serving, if appointed by Common Council, be referred to the Nominating Committee. Question being taken, the motion was carried. 31A. Recreation And Parks Advisory Board Initiative To Construct Portable Ice Surface On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that, with regard to the letter from the Chairman of the Recreation and Parks Advisory Board requesting Council to forward to the Board, for study and recommendation, any proposal on a private initiative to construct a portable ice surface in Saint John, the Chairman be advised that Council has not communicated with the person concerned and, once it does, it would keep the Committee updated and ask for its input. Question being taken, the motion was carried. 32. Uptown Saint John Inc. - Proposed 2002 BudQet Consideration was given to a letter from Uptown Saint John Inc. submitting its proposed 2002 budget further to its presentation to Council on November 19,2001. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that authority be granted for the necessary advertising with regard to the Year 2002 budget of Uptown Saint John. Question being taken, the motion was carried. 88-779 COMMON COUNCIL DECEMBER 3, 2001 33. Orthopaedics Plus Ltd. - Re-ZoninQ 200 Somerset Street On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the application of Orthopaedics Plus Ltd. for the re-zoning of property located at 200 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 21,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 34.501226 N.B. Ltd. - R. P. Slattery Re-ZoninQ 17-21 Westmorland Road On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the application of 501226 N.B. Ltd. - RP. Slattery for the re-zoning of property located at 17-21 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 21,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 35. Saint John YM-YWCA Inc. - FundinQ Request On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Ann Ralph, Chief Executive Officer of Saint John YM-YWCA Inc., and Susan Baxter, Manager of Marketing & Fund Dev. for the Saint John YM-YWCA, submitting a request for funding from the James D. O'Connell Bequest to assist with the cost of providing subsidies to youth-at-risk participating in Camp Glenburn programs and summer day camps offered by the Saint John YM-YWCA in 2002, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 36. Saint John Board Of Trade - Residential Infrastructure Assistance ProQram On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Bill MacMackin, President of the Saint John Board of Trade, encouraging Council to continue the Residential Infrastructure Assistance Program into 2002 and beyond, this consultative approach being a great example of the Board of Trade and the City of Saint John working together to promote growth in the City, and advising that the Board looks forward to continuing this working relationship with Council and staff and would be pleased to meet at any time, be received and filed. Question being taken, the motion was carried. 37. Ray Butler - Request To Appear On Behalf Of ABEC Thursdav Painters On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Ray Butler requesting, on behalf of the ABEC Thursday Painters group, an opportunity to express, in open Council, the views of the twenty-six members of the group who value the ABEC 88-780 COMMON COUNCIL DECEMBER 3, 2001 premises as a venue where space is available and dedicated to the ongoing art education in an environment where exhibitions of contemporary arts and crafts may be seen and appreciated without commercial overtones, be referred to the Greater Saint John Regional Facilities Commission. Question being taken, the motion was carried. 38. Horst Sauerteig - Fundy Region Solid Waste Commission's 2002 OperatinQ BudQet On motion of Councillor Teed Seconded by Councillor Court RESOLVED that the letter from Horst Sauerteig submitting a copy of his remarks on the Fundy Region Solid Waste Commission's 2002 operating budget, having obtained a copy, gone through it and made notes, be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 39. Hughes Surveys & Consultants Ltd./Tidan Inc. Amendment To Section 39 Conditions Of Re-ZoninQ Of 20 Prince Edward Street On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Hughes Surveys & Consultants on behalf of Tidan Inc. for an amendment to the Section 39 conditions of re-zoning of the property located at 20 Prince Edward 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, January 7,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 40. Carleton Community Centre Advisory Committee - Crosswalk Pedestrian LiQht On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from the Carleton Community Centre Advisory Committee requesting that an RA5 pedestrian Light be installed at the crosswalk at Market Place at Duke Street, be referred to the City Manager. Question being taken, the motion was carried. 8. Proclamations Mayor McAlary proclaimed November 25 to December 6, 2001 as White Ribbon Day in the City of Saint John in concern about the pressing problem of violence against women. The Mayor advised the intent for Council to consider the City's proposed 2002 Operating and Capital Budgets at the December 17, 2001 Council meeting. 9.10.11.12 A motion was proposed by Councillor Fitzpatrick and seconded by Councillor Ball that agenda items 9, 10, 11 and 12 be laid on the table until the next meeting, whereupon the Mayor asked Councillor Teed if he would mind if Council considered these items, which were his letters, at the next meeting to which Councillor Teed indicated in the negative. No question was taken on the motion. 88-781 COMMON COUNCIL DECEMBER 3, 2001 12A. Mechanism To Address Concerns Re Province's Unilateral Decision In Area of Assessments On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Court referring to the recent unilateral decision by the Provincial Government in the area of assessments as an illustration of a major weakness in the process utilized each year by Council to prepare its budgets and make any long-term plans; suggesting that it is time to be both reactive and proactive and also time for the Provincial Government to not only hear but more important listen to municipalities and, when the Government of New Brunswick makes a decision that adversely affects this Municipality with a loss in revenues, there must be a mechanism in place that allows it to generate new revenues; and recommending that a letter be sent to the Premier of the Province of New Brunswick requesting a meeting with a delegation from Saint John comprised of the Mayor, Members of Common Council, representatives from both union and non- unionized employees, the business community, the local Member of Parliament, the local MLAs, and citizens to discuss the creation of a mechanism to address the concerns mentioned herein, be received and filed and the recommendation adopted. Councillor Court expressed the view that the City of Saint John would continue to be in a financial bind as long as it was a separate entity, thus the need to become a regional City of Greater Saint John, and the Mayor spoke of the need for a delegation to be united in its approach to the Province. Councillor Teed advised that he was not prepared to vote on the above motion because he did not know what it meant, there was no program other than a suggestion of an amalgamation of all the areas, and Council had not had a chance to analyze the matter; and, in questioning the inclusion of the local Member of Parliament and labour, noted the exclusion of the Board of Trade. Councillor Trites expressed the view that the City should in no way be tying its problems with the Provincial Government to the fact that Rothesay or Quispamsis had an increase in their assessments; and, if as part of this discussion it is suggested that the only way to solve the situation was as one city, Council could completely ostracize itself from its neighbours; and suggested that Council should write to the Premier requesting a meeting with him and the appropriate ministers prior to their budget. On motion of Councillor Fitzgerald Seconded by Councillor Titus RESOLVED that the above matter be laid on the table to develop a strategy. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". Adjournment The meeting adjourned. Common Clerk