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2002-01-07_Minutes 88-803 COMMON COUNCIL JANUARY 7,2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of January, A.D. 2002, at 7:40 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; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; G. Tait, Fire Chief; A. Bodechon, Deputy 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. Edward Powell of the Grand Bay Baptist Church offered the opening prayer. The Mayor advised that the reason for the late start of the Council meeting was because of a meeting with the Saint John Transit Commission earlier this date and, while everything was not resolved at that time, hopefully by the end of this week or at least by next Monday's Council meeting there would be a resolution which would provide the transit service needed, with the buses operating in as much the same way as they were today as possible; and assured the delegation present at the meeting with respect to this matter that there were no cuts at the present time to the Saint John transit system. 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 December 17, 2001, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone Various Properties AlonQ Martha Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of those properties known as civic numbers 554,558,562-564,566,570,574,578 and portions of 582 and 586 Martha Avenue (NBGIC Numbers 55066344,55066351,55066369,55066377,55066385, 55066393,55066401 and portions of 55057897 and 55066419), from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification, to place the properties in a zone category that reflects the existing use and standards of development, as initiated by the City of Saint John, 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 December 11, 2001 meeting at which no one appeared to speak and no letters were received and the Committee adopted staff's recommendation; and recommending that Common Council re-zone those properties known as civic numbers 554, 558, 562-564, 566,570,574,578 and portions of 582 and 586 Martha Avenue, also identified as NBGIC Numbers 55066344,55066351, 55066369, 55066377, 55066385, 55066393, 88-804 COMMON COUNCIL JANUARY 7,2002 55066401 and portions of 55057897 and 55066419, from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification. On motion of Councillor Desmond 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 those properties known as civic numbers 554, 558, 562-564, 566, 570, 574, 578 and portions of 582 and 586 Martha Avenue, also identified as NBGIC Numbers 55066344,55066351, 55066369,55066377,55066385, 55066393, 55066401 and portions of 55057897 and 55066419, from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "C.P. 100-582 A By-law Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning those properties known as civic numbers 554,558,562-564,566,570,574,578 and portions of 582 and 586 Martha Avenue, also identified as NBGIC Numbers 55066344, 55066351,55066369,55066377, 55066385, 55066393, 55066401 and portions of 55057897 and 55066419, from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "C.P. 100-582 A By-law 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 20 Prince Edward Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the May 8, 1972 re-zoning of the property situated at 20 Prince Edward Street (NBGIC Number 154459), to permit the subdivision of the existing development so that the Prince Edward Square apartment building and the larger commercial building are each located on a separate lot, as requested by Hughes Surveys & Consultants Ltd. on behalf of Tidan Inc., 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 December 11, 2001 meeting at which Hayward Aiton, solicitor, and Keith Thomas of Tidan Inc. indicated they were in agreement with the staff recommendation; and advising that the Committee adopted staff's recommendation as set out herein. Richard Turner of Hughes Surveys & Consultants Ltd., appearing on behalf of Tidan Inc. in support of the application, advised that his presence before Council was to respond to any questions and indicate his client's agreement with Planning staff's report with which, he understood, the Planning Advisory Committee concurred. 88-805 COMMON COUNCIL JANUARY 7,2002 On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, the proposal, adopted by Common Council on May 8, 1972 pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, being NBGIC Number 18275, be amended to permit the creation of a separate lot, with an area of approximately 1,977 square metres, to contain the apartment building on the basis that parking, access and services will continue to be shared. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. (a) 2002 Budget - Uptown Saint John Inc. (b) Business Improvement Levv Bv-Iaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 17 cents per $100 of assessment for 2002 on business properties within the area designated by Council, and 5{c) written objections were received in this regard from Fortis Properties Corporation, Lawson Property Management, Aliant Telecom Inc. and Commercial Properties Limited; as well as 5{d) a report from the City Solicitor regarding the several objections to Uptown Saint John Inc.'s budget which were filed with the Common Clerk in that, while Fortis Properties expressly states that it represents the company's tenants, the others in their letters do not indicate whether they are objecting as representatives of their tenants, thus the Clerk would require additional information in order to determine whether they had, at the time of filing their respective objections, been designated to represent some or all of their tenants; advising that, regardless of whether the objections filed to the proposed budget would prohibit its adoption by Council, the Business Improvement Areas Act enables a municipality, subsequent to the deadline for filing objections to the advertised budget, to require the board of directors of the business improvement corporation to convene a general meeting of non-residential users to consider the budget; and also advising of the following two choices Council essentially has at this time in dealing with the 2002 budget for Uptown Saint John Inc.: (1) reject the submitted budget which has the effect of prohibiting the imposition of a levy for 2002 and repealing the By-law establishing the business improvement area or (2) require the Board of Directors of Uptown Saint John Inc. to convene a general meeting of non-residential users to further consider a possible budget for 2002, thus providing an opportunity to achieve broader agreement in that regard among non-residential users; and 5{e) a report from the City Manager recommending, given the City Solicitor's advice to Council, that Common Council require the Board of Directors of the business improvement corporation, i.e. Uptown Saint John Inc., to convene a meeting of non-residential users to consider the budget, thus providing an opportunity to achieve broader agreement. The Mayor noted Council's receipt of a new budget for 2001-2002 with no increase in the levy from the previous year (copies of which were distributed to the Council members at this meeting) and asked if Council could adopt the new budget or if it would be necessary to advertise it. Mr. Nugent responded on the basis that Uptown Saint John Inc., while there was no covering letter with the new budget, was now proposing that the levy be the same in 2002 as it was last year and, while Council could either start the process again by advertising and calling for objections, the more appropriate course, in light of the legislation, would be to adopt the City Manager's recommendation with Uptown Saint John Inc. to subsequently make a submission to Council of the results of the reconsideration, as that could actually be done more quickly than following the advertising process, the latter which he was not certain was available under the legislation. 88-806 COMMON COUNCIL JANUARY 7,2002 On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Common Council require the Board of Directors of the business improvement corporation, i.e. Uptown Saint John Inc., to convene a meeting of non- residential users to consider the budget, thus providing an opportunity to achieve broader agreement. The Mayor asked how Council would know, without having a public hearing on the new budget, if there were any objections to it at the general meeting, to which Mr. Nugent advised that, while the legislation did not require a public notice, if as a result of that subsequent general meeting there were non-residential users in the levy area who wished to object, at notice they may object to Council and their objections would have to be dealt with in accordance with the provisions in the legislation. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the correspondence regarding Uptown Saint John Inc.'s proposed 2002 budget be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment - 1099 Golden Grove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, to allow for the re-zoning of the property to "1-1" Light Industrial classification to permit the establishment and operation of a self-storage rental unit development, as requested by Vincent Catton. * Added Item Councillor Fitzpatrick referenced a petition from taxpayers and residents of Fegan Court asking for their sidewalk to be plowed (copies of which were forwarded to Council members as an information item), and the Mayor, noting that the petition was not addressed to Council, advised that she spoke to Director of Works Shayne Galbraith, after the petition was dropped off at her office, who indicated that the City's policy did not include plowing the sidewalk in that area. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the above-mentioned petition from taxpayers and residents of Fegan Court be added to the agenda of this meeting for consideration as item 17 A. Question being taken, the motion was carried. 17. Fundv ReQion Solid Waste Commission's 2002 BudQet Read a report from the City Manager further to the Fundy Region Solid Waste Commission's proposed 2002 budget submission to the November 19, 2001 Common Council meeting and on which Commission representatives provided further information at the December 3, 2001 Council meeting at which time it was referred to staff for consideration; noting that the 2002 operating budget represents an increase of $773,000 or 13.3% over the Commission's 2001 budget and does not propose any changes to the existing tipping fees at the landfill site, which are currently $96 per tonne for residue waste and $50 per tonne for separated compostable material; and commenting on the major components of the proposed operating budget - landfill, public education, administration, waste diversion (recycling depots), waste diversion (compost plant), and waste diversion (compost carts). The report advises that, in addition to the 88-807 COMMON COUNCIL JANUARY 7,2002 operating budget, the Commission is proposing a very small capital program for 2002 totalling $572,000 which will be financed through operations; provides information on the number of people currently employed by the Commission and on its total capital expenditure and total debt outstanding as of December 31, 2000; submits, as Schedule I, a listing of significant capital expenditures required at the site for cell construction and capping, which clearly demonstrates that the Commission's long-term plan to reduce reliance on debt financing and fund significant ongoing capital items from general operations, and, as Schedule II, long-term projections of the operating expenses and revenues associated with the Commission's activities for a 35-year period, which indicate that there should be no significant changes to the tipping fees being charged at the site for the next few years; and also advises that, as the significant cost overruns in the composting plant construction this past year have hurt the Commission's credibility and raised concerns over basic financial management of the operation, the Commission's greatest challenge is to establish credibility with the local municipal units and the public with regard to cost containment and management, and Commission staff has indicated that the process of reviewing all areas of the landfill operations has begun. As to the City's challenge, the report suggests that it is to encourage the increased participation in the composting and recycling depot programs as significant savings can be achieved in tipping fee costs if more material is separated at the household level thus avoiding the prohibitive $96 per tonne charge for residue waste; and recommends that Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the 2002 budget submission of the Fundy Region Solid Waste Commission, and request an update from the Fundy Region Solid Waste Commission by June 30, 2002 as to steps that have been taken to improve financial accountability and controls. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that Common Council encourage its representative on the Fundy Region Solid Waste Commission not to approve the 2002 budget submission of the Fundy Region Solid Waste Commission. The Mayor expressed concern that, while City departments and commissions were not allowed budget increases and many budgets were cut, the Commission's proposed budget was 13.3% over its 2001 budget, and Mr. Beckett explained that the City Manager's recommendation was before Council simply because Council had already approved the Commission's 2002 budget in 2000 when it approved the compost program, as the largest part of the increase reflected the debt costs now associated with the programs approved as part of the 2000 and 2001 capital program for the Commission, and the reason for the second part of the recommendation was, as the Commission would be more closely scrutinized as to its expenditures if it were a City department and its budget would not be acceptable from the City's standpoint, to start reestablishing what clearly is lacking at this point in time in terms of credibility from the Commission's standpoint with Council and the public in terms of how it is utilizing public funds to handle that part of the services. Mr. Beckett expressed the view that, with regard to the Commission's 2002 budget and the types of things he looked at in terms of its operating costs and when comparing its 2001 projections with its 2001 actual, the Commission, in its general operations, actually did a reasonable job in achieving its budgeted targets, although there was a whole series of operations within the Commission's operations that needed to be carefully looked at as to efficiency and effectiveness. The initial motion proposed that was that Council direct its representative to not approve the budget submission, and Councillor Teed suggested that Council did not have the power to tell an elected person what to do, although Council could request or beg its representative on the Commission to not approve the budget. Mr. Nugent made the observation that the City Manager's recommendation used the language discussed when the notion first arose, that being for Council to encourage its representative, being Council's expression of what it would wish as to the manner in which the representative would vote but there was no binding application, and the mover and seconder of the motion agreed to change the word direct to encourage. Councillor Chase, Council's representative on the Commission, explained why he was unable to support the operation of the Zenon leachate treatment plant at the Crane Mountain landfill, thus the Commission's proposed 2002 budget; and suggested that the City should be responsible for the curbside collection, with its own forces, of recycable material as it could save on tipping fees and also market the material. Councillor Titus suggested that the motion could be mute at this point in time in view of Councillor 88-808 COMMON COUNCIL JANUARY 7,2002 Chase's indication that he would not support the budget anyway, and that Council should go with the second part of the City Manager's recommendation before dealing with the budget. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above matter be laid on the table until the Fundy Region Solid Waste Commission appears before Council as soon as possible. Question being taken, the tabling motion was carried. *17 A. Petition From FeQan Court Taxpavers & Residents On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the petition from taxpayers and residents of Fegan Court requesting to have their sidewalk plowed this year be referred to the City Manager. Question being taken, the motion was carried. 18. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, December 17, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John sell, subject to municipal services and public utility easements, its fee simple absolute interest in 8 Webster Street (PID Number 55026033) to Canterbury Developments Ltd. in consideration for a vesting as "public street" a 49m2 :t portion of 31 Somerset Street (PID Number 25460) and a 3m2 :t portion of 29 Somerset Street (PID Number 55155147); prior to closing, Canterbury Developments Ltd. prepare and pay for all required plans, and Common Council assent to any necessary municipal service and public utility easements, and further that the Mayor and Common Clerk be authorized to execute transfer and related documents. January 7,2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 18.1. Property ExchanQe With Canterbury Developments Ltd. On motion of Councillor Titus 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. 19. Saint John Transit Commission - BudQet Cut Consideration was given to a letter from the Saint John Transit Commission advising that the Commission's $311,000 budget reduction will require 88-809 COMMON COUNCIL JANUARY 7,2002 substantial cuts to service and the elimination of jobs, and urging Council to recognize transit service as a high priority and reconsider its recent budget allocation. The Mayor referred to a petition from seniors and correspondence from Beverly Bartlett, Dawn L. Goff, Ian Benjamin, Ricky LeBlanc, Catherine Doucette and Brenda Lee Cullins (copies of which were distributed to Council members on this date), about the transit service, as well as petitions received at this meeting, and suggested that this correspondence could be included in a motion to receive and file, and that a copy of the petitions received at this meeting could be included in next week's information items for the Council members. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the above-mentioned petitions and correspondence be received and filed. Question being taken, the motion was carried. 20. Saint John Aquatic Centre Commission - Future of Centre On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the letter from Leo Maloney, Chair of the Saint John Aquatic Centre Commission, advising of the Commission's resolution directing staff to develop a business plan to eliminate the need for municipal funding of the Aquatic Centre within three years; and requesting that no decisions on the future of the Aquatic Centre be made without consultation with the Commission and also that the business plan currently being developed by its staff be given full review and consideration prior to any decisions being made, be received and the Commission be invited to attend the next meeting in this regard. The Mayor noted that the Commission would attend in Committee of the Whole. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 21. Ste-Croix 2004 CoordinatinQ Committee - Projects & Plans Read a letter from Stephanie Walsh, Executive Director of the Ste-Croix 2004 Coordinating Committee, submitting a copy of a resolution passed by the St. Stephen Town Council urging the Federal and Provincial Governments of the United States and Canada, as well as the Governments of the State of Maine and the Province of New Brunswick, to support, financially and in-kind, the Committee's efforts in planning and delivering events leading up to and during the 400th anniversary of the June 1604 establishment of the first permanent French settlement in North America on St. Croix Island; and advising of the Committee's request to local municipal governments on both sides of the international border to pass this, or a similarly worded resolution, and forward it on to the appropriate officials, including the area MLA and MP, to illustrate support for the Committee's efforts. The Mayor suggested that Council, if it were to pass a resolution in support of the Committee, should also pass a resolution for the City of Saint John which would be establishing a committee of its own for the 400th anniversary, and that this should be referred to the City Manager. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager. (Councillor Titus re-entered the meeting.) 88-810 COMMON COUNCIL JANUARY 7,2002 Question being taken, the motion was carried. 22. Laura Mercer - Tree Planting On Rothesav Avenue & McAllister Drive On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Laura Mercer requesting that trees be planted along Rothesay Avenue and McAllister Drive, be referred through the Environment Committee to the tree committee. Question being taken, the motion was carried. 23. Simonds Lions Club Inc. Re-ZoninQ Of 185 Loch Lomond Road On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the application of Simonds Lions Club Inc. for the re-zoning of the property located at 185 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation, and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 11, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. Union Of The Municipalities Of New Brunswick - Membership On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Mayor Raymond Murphy, President of the Union of the Municipalities of New Brunswick, providing information on the Union's objectives, including an invoice for 2002 membership dues, and asking that the City of Saint John consider becoming a member, be received and filed. Question being taken, the motion was carried. 25. Civic Employees Local Union No. 18 C.U.P.E. RestorinQ Fair Taxation Returns For City On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that David Gould, President of Civic Employees Local Union No. 18 C.U.P.E., be thanked for his letter advising that the members of Local 18 - City of Saint John Outside Workers, were more than willing to sit on a "Team Saint John" committee to work cooperatively to protect and enhance the City's revenue-raising capacity, including that which flows from other levels of government, and he be kept advised in this regard. Question being taken, the motion was carried. 26. Philip Massev - Revenue-RaisinQ SUQQestions On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Philip Massey suggesting ways for the City to raise revenue, be referred to the City Manager and Mr. Massey be thanked for his suggestions. Question being taken, the motion was carried. 88-811 COMMON COUNCIL JANUARY 7,2002 27. Diesel Power Service Ltd. Re-ZoninQ 10 Tim Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Diesel Power Service Ltd. for the re-zoning of property located at 10 Tim Street be referred to the Planning Advisory Committee for a report and recommendation, and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 11,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 28 / 29. Jacqueline Blaney / Modern Languages Centre UNBSJ - Transit Service Cuts On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Jacqueline Blaney and the letter from the Modern Languages Centre regarding possible cuts in the transit service, be received and filed. Question being taken, the motion was carried. 7. Saint John Airport Consideration was given to a letter from Mayor McAlary suggesting that, due to issues surrounding the Saint John Airport such as scuttle passenger bus service to Moncton Airport, discount air service, future air schedules and others, Council request its representatives to meet with Council at a future meeting, as soon as Council's schedule allows, to give Council a complete update. On motion of Councillor Ball Seconded by Councillor Fitzgerald RESOLVED that Council's representatives on the Saint John Airport Authority be invited to meet with Council to provide an update on issues at the Airport. The Mayor noted that Bill Fitzpatrick and Charlie Nelson were the City's representatives on the Authority. Question being taken, the motion was carried. 8. Formal Record Of Deaths Of Council-Appointed Committee Members Read a letter from Councillor Teed bringing to Council's attention that Harry Sanipass, a senior elder of the Aboriginal community of Saint John, a former City employee and a City-appointed member of the Fort LaTour Development Authority, died on December 24, 2001; and suggesting that it would be appropriate, when a citizen who is serving on a City committee or board or a similar organization as a City appointee dies, for a formal record to be noted in the Council minutes and a letter of condolence be forwarded to the family. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the demise of Harry Sanipass, a former City employee and a City-appointed member of the Fort LaTour Development Authority, be noted in the Council minutes and a letter of condolence be forwarded to his family. Councillor Desmond noted the recent death of Allister Blizzard, a former member of the Saint John Police Department. 88-812 COMMON COUNCIL JANUARY 7,2002 Question being taken, the motion was carried. 9. WearinQ Of Side Arms Or Pistols At Council MeetinQs Consideration was given to a letter from Councillor Teed advising of his surprise and then shock, at the December 17,2001 Council meeting, when members of the City Police Force appeared not only in police uniform but wearing side arms or pistols notwithstanding they were off duty and not performing functions of a police officer, as well as his surprise that the Chief of Police took no action to have the officers wearing the firearms directed to retire until the firearms were placed elsewhere; commenting on Sections 89 and 117.07 of the Criminal Code; and, in suggesting that the Board of Police Commissioners should take care that weapons are not carried to public functions unless officers are officially on duty, asking if Council has a by-law to cover the entry of persons who are carrying weapons of any sort and if the Police Force has any rules regarding the use or carrying of prohibited weapons. On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the City Solicitor be requested to inform Council of any by-law which enables Council to direct the non- attendance or removal of persons who are improperly dressed or carrying weapons or otherwise appear by their action to be disrespectful to the proceedings of Council; and the Police Commission be requested to inform Council what regulations, if any, govern police officers who are off duty from carrying weapons and what guidance exists in regulations for members of the Police Force with respect to prohibited weapons and the attendance at Council meetings with a weapon. Question being taken, the motion was carried with Councillor Court voting "nay": 10. UNBSJ E-Business ProQram Read a letter from Councillor Teed submitting a copy of a recent newspaper article indicating that the Canadian Business magazine disclosed that a poll resulted in the University of New Brunswick Saint John being listed top with a number one rating for its E-Business Program for MBA students across Canada. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that a letter of congratulations be forwarded to the University of New Brunswick Saint John Campus for its achievements in its E-Business Program with particular recognition of the acting Dean of the Faculty of Business, Professor Shelley Rinehart. Question being taken, the motion was carried. 11. BudQet Issues Read a letter from Councillor Court suggesting a proactive approach in dealing with the City's next year's budget, rather than waiting to see what the other levels of government are going to give to the City, on the basis that the citizens of Saint John deserve much more than what Council was able to provide for them this year because of its limited funds; advising that he believes fire, police, water and sewerage, roads, public transportation and garbage collection to be the City's core businesses but, unless there is an increase in revenue, the City is going to struggle to provide even the core services; and suggesting that the following measures be given serious consideration by Council: (1) while the total amount of the 2002 budget has been established, if a restructuring or shifting of some funds is still possible, Council should look at some movement to meet the greatest needs of the citizens; (2) Council must immediately improve its dialogue with both the Provincial and the Federal Government; (3) Council must authorize the Mayor to establish an ad hoc working group as recommended in the City Manager's report, with a few Councillors to be appointed to this working group; (4) Council must improve communication with its own boards and commissions; and (5) staff should playa greater role in the collection of garbage with the 88-813 COMMON COUNCIL JANUARY 7,2002 possibility of generating new revenue and, with the City Manager's permission, the report prepared by Mr. Groody for garbage collection in the City of Saint John should be made public. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the above matter be referred to the Nominating Committee. Councillor Court clarified that referral to the Nominating Committee was for the appointment of councillors to the ad hoc working group as there was no mention in the City Manager's recommendation of Council members being on it; and, in response to Councillor Trites' point of order on the basis that the matter was being referred to establish a committee to discuss the issues, the Mayor suggested that (2) above was a discussion, rather than a Nominating Committee, matter. Question being taken, the motion was carried. 12. Council Composition Bv-Iaw Consideration was given to a letter from Councillor Titus suggesting that, as there have been significant changes in the City (social, economic, population, etc.) since the enactment of the by-law relating to the election of Common Council, it is appropriate at this time to review the number of councillors required to set policy and set the future for the City, and also that the recent budget and direction to reduce would seem to apply equally to the size/cost of Council operations, and advising his intent to propose a motion to reduce the size of the next Council to reflect a more modern, efficient and cost-effective civic government. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the above matter be laid on the table until Council discusses the Council budget. Question being taken, the tabling motion was carried. 13. CallinQ Of Special MeetinQs Read a letter from Councillor Fitzpatrick advising that he would like to discuss with Council the matter in which meetings are called and the availability of Council. Councillor Fitzpatrick advised that, because of work commitments during the day, it was difficult for him to attend special meetings on short notice or meetings which commenced earlier in the day than usual, referring to the 3:30 o'clock p.m. Committee of the Whole item and a ceremony on this date for which he was unable to be present. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. 14. YM-YWCA - Canada Games Aquatic Centre Consideration was given to a letter from Councillor Fitzpatrick advising that, with regard to recent articles in the newspaper, he would like to have a brief discussion and an update on the status of the YM- YWCA - Canada Games Aquatic Centre. 88-814 COMMON COUNCIL JANUARY 7,2002 On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above letter be received and filed. Councillor Fitzpatrick advised that his letter was a reaction to newspaper articles with regard to the YM-YWCA determining the fate of the Aquatic Centre, while no final decision has been made in this regard and discussions were ongoing. Question being taken, the motion was carried. 15. Alternate Ways To Generate Revenue Consideration was given to a letter from Councillor Fitzpatrick advising that he would like the opportunity for Council to have a discussion with regard to alternate ways to generate revenue, following which he would like to refer the matter of, for example, lotteries, land sales, specific user fees, to the City Solicitor for an opinion. Councillor Fitzpatrick, noting the City Solicitor's report on lotteries, suggested that, to raise revenue, the City could sell tickets on land or operate a casino, and also pursue changes in the Municipalities Act, one at a time so that, for example, the City could recoup its legal or building inspection fees when dealing with slum landlords or for possible tax breaks for individuals or uptown businesses. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be referred to the City Solicitor for a report to Council. Councillor Fitzpatrick suggested that, although the motion was vague, perhaps the City Solicitor could indicate what the City could not do, or perhaps other Council members could make other suggestions to raise revenue for the City Solicitor's review. Councillor Titus suggested that, rather than refer the matter to the City Solicitor without an itemized list or putting suggestions into some kind of working order, the matter should be referred to the ad hoc committee to be established, with that committee to outline Councillor Fitzpatrick's ideas as well as other ideas and to ask the City Solicitor direct questions, such as what the City would do with selling recycables or lotteries or whatever. (Councillor Desmond withdrew from the meeting.) Question being taken, the motion was carried with Councillor Titus voting "nay". 16. Recognition Ceremony For First Meeting Of Provincial LeQislative Assemblv Read a letter from Councillor Teed referring to a statute enacted at the first meeting of the first Provincial Legislative Assembly in Saint John on January 3, 1786 confirming to the Legislature the Canadian Charter of the City of Saint John, and also referring to the Legislative Assembly being in session on January 3, 2002; advising that he and Councillor Peter Trites, both former members of the Legislative Assembly, sent a memorandum to The Honourable Bev Harrison, MLA, Speaker of the Legislative Assembly, suggesting he bring this historic occasion to the attention of the members of session; and suggesting that, possibly in 2003, arrangements can be made, assuming the Legislative Assembly is not in session, to have a suitable recognition ceremony in Saint John with a gathering of members of the Legislative Assembly and former members to emphasize that (a) the N.B. Legislative Assembly preceded those of Quebec and Ontario, (b) the Legislative Assembly is a bastion of the present democratic form of government, and (c) Saint john is the first City in Canada to have a Legislative Assembly meet within it. received and filed. Adiournment 88-815 COMMON COUNCIL JANUARY 7,2002 On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the above letter be Question being taken, the motion was carried. The Mayor declared the meeting adjourned. Common Clerk