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2002-02-11_Minutes 88-859 COMMON COUNCIL FEBRUARY 11, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of February, A.D. 2002, 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; 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; G. Bezanson, Heritage Planner; C. Campbell, Planner; 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 offered the opening prayer. The Mayor advised that a letter of condolence would be forwarded to the members of the Royal Family on the passing of Princess Margaret and, in response to a number of requests from citizens, a book would be made available on the 8th floor of City Hall, in which people could express their condolences, between 9:00 o'clock a.m. and 4:30 o'clock p.m. on Tuesday, February 12, 2002. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on February 4, 2002, be approved. Question being taken, the motion was carried. (Councillor Trites entered the meeting.) Councillor Fitzpatrick noted an item to be added to the agenda, and the Mayor acknowledged that part of the Nominating Committee report, which was considered under item 30 in Committee of the Whole earlier this date, was to be considered at this meeting as item 4A. 4. Proclamations Mayor McAlary proclaimed February 11 to 18, 2002 as Heritage Week and February 18, 2002 as Heritage Day, and February 15, 2002 as National Flag of Canada Day in the City of Saint John; and noted that Tuesday, February 12, 2002 marks the celebration of the Chinese New Year. *4A(1-6) Nominating Committee Recommendations On Appointments To Committees I Commissions On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, Peter Pappas, Donald F. Gillis be re-appointed, and John F. McQuinn be appointed, to the Planning Advisory Committee for a term of three years, and Susan Isaacs-Lubin be appointed to the Committee for a term to the end of 2002. 88-860 COMMON COUNCIL FEBRUARY 11, 2002 Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Deputy Mayor White, Councillor Fitzgerald and Councillor Court be appointed to the Mayor's Task Force on developing new ways of doing business. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Elizabeth Boyle be re-appointed to the Board of Commissioners of the Saint John Free Public Library for a term of three years effective January 1, 2002. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the Nominating Committee, Judy Blair be appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term of three years. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the Nominating Committee, Councillor Desmond and Stephen B. Savoie be re-appointed to the Saint John Parking Commission for a term of three years effective January 1, 2002. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, Dorothy Dawson, Douglas S. Trentowsky, Chris Smith, Deborah MacDonald and Holly Haines be re-appointed to the Rockwood Park Advisory Board for a one-year term. Question being taken, the motion was carried. 5. Sunday ShoppinQ Read a letter from Mayor McAlary on the issue of year-round Sunday shopping, further to requests from the Saint John Board of Trade, Enterprise Saint John, Hospitality Saint John, Uptown Saint John and others that Council discuss the issue, as well as letters and telephone calls for both sides of this issue; noting the need, if Council passed a resolution in favour of retail businesses being open on Sundays year-round, to make an application through the Municipal Borrowing Board to have the Municipality declared a tourist destination, and also that the law states that no retail business can be charged in any way if it desires not to remain open on Sundays and employees cannot be forced to work as this would be contrary to the Days of Rest Act; and advising that she has confirmed this information with Brunswick Square Shopping Centre, McAllister Mall and Lancaster Mall. 88-861 COMMON COUNCIL FEBRUARY 11, 2002 On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the Common Council of the City of Saint John not apply for exemption to the Provincial Government for Sunday shopping at this time. During discussion Councillor Trites expressed the view that the Province, rather than maintaining the Days of Rest Act as it is giving it no meaning by circumventing it through the Municipal Capital Borrowing Board, should take a stance on this issue and, as the Government of New Brunswick, indicate to the citizens of each and every community in the Province where it feels they should be going and then to put in place the rules and regulations to standardize that; and, in response to Councillor Chase's suggestion that the motion should be amended so as to send a letter to the Premier post haste requesting that a moratorium be placed on applications until the policy is reviewed, the Mayor asked that this matter be dealt with after the question on the above motion. Councillor Titus expressed the understanding that the Sunday shopping issue was not too high on the Province's priority list and the Premier was not interested in dealing with it as there were bigger issues facing the Province than the Days of Rest Act, and also that the Act did not contemplate the City making an application. Question being taken, the motion was carried. The Mayor called for a motion to receive and file the letters under agenda items 10,26 and 27 with respect to the Sunday shopping issue. 10. Sunday ShoppinQ Consideration was given to a letter from Councillor Teed proposing that, in view of the many citizens and businesses and employees who are opposed to Sunday opening throughout the year, the City inform those who wish to be open on Sunday to make application as they may wish to do after which the Council will consider whether or not to support their application. 26. Requests To Make Presentation Re Sunday ShoppinQ Consideration was also given to (a) a letter from David Hierlihy of Canadian Tire requesting to make a presentation before Council on the topic of year- round Sunday shopping, and providing an outline of what his presentation would include; and (b) a letter from Rob Northrup of Leon's requesting the opportunity for him and one other person to speak to Council concerning the Sunday shopping issue, and submitting his brief in this regard. 27. Letters Re Sunday ShoppinQ Consideration was also given to a letter from Lou Pitre, Regional Property Manager of Fortis Properties, advising the percentage responses to two questions asked in a survey regarding Sunday shopping, and a letter from Don Sherwood, President of Atlantic Building Supply Dealers Association, advising that a recent business conditions survey to the Association's members and associate members reconfirmed its mandate to strongly oppose Sunday shopping. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the above letters regarding Sunday shopping be received and filed. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Court RESOLVED that a letter be forwarded to the Premier and the Municipal Capital Borrowing Board asking that they put a moratorium on applications for Sunday shopping until the Days of Rest Act legislation is reviewed. 88-862 COMMON COUNCIL FEBRUARY 11, 2002 Councillor Teed advised that he could not support the motion because the legislative procedure of going before a board was being followed and the Premier could not stop it. The Mayor expressed the view that a letter from Council would not change the Premier's mind in that he has made it very clear publicly that he is not going to deal with this issue and not going to change the Days of Rest Act, and suggested that the motion could be to advise the Premier and the Board that Council feels that, as the Days of Rest Act is in place, they should adhere to that and the Premier should make the final decision for the entire Province, one way or the other, rather than accept applications on a piecemeal basis. Question being taken, the motion was carried with the Mayor and Councillors Teed and Titus voting "nay". 6. Procedure For Seeking Persons For Nomination To City Committees I Commissions Read a letter from Councillor Teed expressing the view, as only twenty- four persons have indicated their willingness to serve on the over thirty committees and commissions to which the City may appoint members, there is obviously something wrong, and it could be taken that there is a lack of interest in the City by too many citizens or there could be a failure by Council to take appropriate steps to encourage more persons to offer; and proposing that the Nominating Committee be requested to review the present procedure of seeking persons for nominations and recommend a procedure to ensure a broader and bigger cadre of citizens of all ages willing to be appointed to a position where they can serve the City from which selections can be made. On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Nominating Committee. Question being taken, the motion was carried. 7. Lord Beaverbrook Rink Ice Surface Consideration was given to a letter from Councillor Teed noting that Saint John became internationally known for speed skating and the growing number of youth speed skaters who are doing Saint John proud with their accomplishments and winning of medals; expressing the view, having attended the Maritime Speed Skating Competition at the Lord Beaverbrook Rink on January 5 and 6, that it was unfortunate that the rink size does not meet Olympic standards, apparently being some fifteen feet short in width and five feet short in length; and proposing that the matter of what could be done and an estimate of cost to provide an Olympic-size ice surface at the Lord Beaverbrook Rink be referred to staff for an early response. The Mayor suggested that the motion should be to refer this matter to the Board of Directors of the Lord Beaverbrook Rink. Councillor Teed proposed a motion, which was seconded by Councillor Ball, to refer the above matter to the Board of Directors of the Lord Beaverbrook Rink. (Councillor Fitzpatrick withdrew from the meeting.) Councillor Desmond suggested that this matter should also be referred to the Recreation and Parks Advisory Board for input. Councillor Trites advised that he would not support a motion to refer this anywhere, having just gone through the Capital Budget and considering that it would not just be a matter of taking out seats and extending a wall. Councillor Titus expressed the view that the City did not have the money to meet any expectations for an Olympic-size rink, and Councillor Court suggested that, rather than put the money into the Lord Beaverbrook Rink, the City would be better off building a new surface, although the City did not have the funds to do so. Councillor Ball withdrew as seconder of the motion, and the Mayor noted that, if there was no seconder, there was no longer a motion on the floor. 88-863 COMMON COUNCIL FEBRUARY 11, 2002 8. Red Head Secondary Access Read a letter from Councillor Teed referring to the Call for Proposals for engineering design and inspection for Red Head secondary access and related matters, and asking, as he is not clear what this means, for information to be furnished to Councillors to enable informed decisions to be made. The Mayor suggested that, as the matter was before Council in October or November 2001 and the Councillors already had the information in this regard, the motion should be to receive and file Councillor Teed's letter. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. 3. Environment Committee I Preservation Review Board Part Three Of Municipal Plan I Community HeritaQe Consideration was given to a letter from Terry Gray of the Saint John Environment Committee advising that the Preservation Review Board, having reviewed with the Committee a community strategy and policy document on community heritage on which it has been working for some time, would be presenting this to Council as the next in a series of draft policy documents regarding Part Three of the Municipal Plan, and, as this would be the last in this series of sub-sections for Part Three, the Committee will be proceeding to package the material on which it has been working for the last two years into a draft chapter of the Municipal Plan to be presented for review by City staff and for consideration and adoption by Council; submitting a copy of the presentation to be made at this meeting by Gaye Kapkin, Chair of the Preservation Review Board; and also advising that the Committee has given some thought to a few other environmental components and, at some time in the future, expected to address these and review them with Council. Gaye Kapkin, Chair of the Preservation Review Board, recognized the presence at the meeting of Board members Councillor Fitzgerald, Malcolm Harris, Robert Ring and Christopher Waldschutz, as well as Environment Committee members Terry Gray and Don Shaw and, through a computer-aided presentation, highlighted the Preservation Review Board's recommended community heritage strategy and policy document as submitted above, the heritage objective being to preserve, improve and utilize heritage sites, structures, areas and environments for the benefit of the community in coordination with the comprehensive planning need and requirements of the City of Saint John, the policies to reinforce the objective, which the Board was recommending that Council adopt into Part 3 of the Municipal Plan, being to: (1) preserve heritage - take specific actions and encourage partnerships to preserve heritage structures and areas of special significance, (2) enhance environment - enhance the context and environment of heritage areas of the City, (3) financial assistance - provide financial assistance to preserve heritage, (4) heritage advice - establish and support a Preservation Review Board to advise and assist Council on heritage programs and other matters of heritage significance, (5) research - carry out research, studies and promotion regarding buildings and area of heritage significance, (6) designations - designate and regulate heritage properties through appropriate legislation, (7) recognize contributions - ensure that contributions to the heritage preservation of the City are recognized, (8) senior governments - actively encourage legislation, action and programs by senior governments that will further the heritage objective of Saint John, (9) promotion - actively promote the heritage aspects of the City and their contribution to lifestyle and tax base, (10) citizen involvement - support the continuing involvement of citizens and community groups in the development of heritage plans/programs, and (11) maintenance standards - enforce minimum maintenance standards and unsightly premises regulations to maintain quality neighbourhoods; and recommended that Council adopt into Part Three of the Municipal Plan the eleven policies. Ms. Kapkin commented on the recently announced Federal Historic Places Initiative, and recommended that Council authorize the Preservation Review Board to initiate discussions with the Department of Canadian Heritage / Parks Canada to explore 88-864 COMMON COUNCIL FEBRUARY 11, 2002 the process through which funding that will be available from the Initiative could be accessed by Saint John property owners. (Councillor Fitzpatrick re-entered the meeting during the above presentation. ) The Mayor thanked Ms. Kapkin and the other members of the Board for the presentation. (Councillor Teed withdrew from the meeting.) On motion of Councillor Fitzgerald Seconded by Councillor Ball RESOLVED that Common Council approve the submitted recommendations of the Preservation Review Board, and authorize the Board to initiate discussions with the Department of Canadian Heritage / Parks Canada to explore the process through which funding that will be available from the Historic Places Initiative could be accessed by Saint John property owners; and further that the Board be asked to make recommendations to Council on how to implement the community heritage policies and use the heritage buildings, which make the City in unique in Canada, to bring money, business and people to Saint John. (Councillor Teed re-entered the meeting.) Mr. Totten noted that the Board made two recommendations, one with respect to Part Three of the Municipal Plan in that staff would be gathering all of the information from the Environment Committee and other presentations to Council and coming back to Council at a later date with a consolidated Municipal Plan, the second on the Historic Places Initiative in that Mr. Bezanson has had an opportunity to become involved at a national level in advice to the Federal Minister as a recognized expert in this field and having been instrumental in this program. Question being taken, the motion was carried. 18. Preservation Review Board - Election Of Officers On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from the Preservation Review Board advising that at the January 23, 2002 meeting the election of officers was held with the following results: Gaye Kapkin, Chair, Malcolm Harris, 1 st Vice Chair, and Christopher Waldschutz, 2nd Vice Chair, be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 9. Canadian Blood Services Consideration was given to a letter from Councillor Chase referring to the Canadian Blood Services' announcement that twelve blood donor recruiter positions will be taken from the Saint John operation and relocated to Sudbury, Ontario, and the further reorganization that would mean the reduction of the eleven labs across the country to only two labs; advising that the CEO of the Canadian Blood Services has afforded an opportunity for the community of Saint John to make a presentation to the Canadian Blood Services with the intent of preserving the Saint John operation and making the case to justify a regional centre. and asking that the Mayor and Council collaborate with other interested community parties, as it has done successfully in the past, in an effort to retain the Canadian Blood Services in this community at its current level of functioning and possibly an enhanced role to the organization. Councillor Chase asked Council's support in taking part in this presentation to the Canadian Blood Services in an attempt to keep Saint John's blood clinic and retain the forty jobs. 88-865 COMMON COUNCIL FEBRUARY 11, 2002 On motion of Councillor Chase Seconded by Councillor Desmond RESOLVED that Council support taking part in the presentation to the Canadian Blood Services in an attempt to keep Saint John's blood clinic and retain the forty jobs. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 10A. Fundv ReQion Solid Waste Commission Read a letter from Councillor Chase offering his resignation as Council's representative on the Fundy Region Solid Waste Commission, effective immediately, as his position with the direction that the Crane Mountain landfill needs to take with regard to waste management issues is fundamentally at odds with the Commission and thus has put him in an untenable position in which he can no longer act as Council's representative; explaining his position in this regard; and advising that he is hopeful that his resignation will bring the Commission's attention to the seriousness of this matter and positive change will result. On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that Council accept, with regret, Councillor Chase's resignation from the Fundy Region Solid Waste Commission, effective on the appointment of a new representative. Councillor Chase advised that the motion was acceptable to him, and the Mayor noted that the Nominating Committee would have to deal with the matter. Question being taken, the motion was carried. 11. Environmental Trust Fund Applications - City Market Read a report from the City Manager advising that a comprehensive review of City Market waste disposal practices undertaken by the consulting firm of Neill and Gunter Limited suggests that as much as 80% of the waste generated (or 5.8 tonnes weekly) can be diverted from the landfill, and the findings indicate that the majority of the Market tenants are willing to participate in a waste separation program; also advising that, in order to implement a waste separation program at the City Market, new collection equipment is required at an estimated cost of $73,000, half of which is being sought from the Environmental Trust Fund as indicated in the submitted application, the deadline for which was January 31, 2002; and further advising that, if Council supports the proposal, staff suggests that the submitted letter to Minister Jardine in support of the application be sent and copied to the local MLAs. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council support the application to the Environmental Trust Fund for the waste management enhancement program at the City Market, and that a letter in support of the application be sent to Minister Jardine. Question being taken, the motion was carried. 12. AmendinQ Resolution - Lease Of 154 Thorne Avenue The Mayor called for a motion to withdraw the City Manager's report with respect to the 154 Thorne Avenue land lease as it was not necessary to consider the item. 88-866 COMMON COUNCIL FEBRUARY 11, 2002 On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that City Manager's report with respect to the 154 Thorne Avenue land lease be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 13 Municipal Plan Amendment And Re-ZoninQ 1099 Golden Grove Road Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Vincent Catton with respect to the property located at 1099 Golden Grove Road, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Vincent Catton for a Municipal Plan amendment and re-zoning of property located at 1099 Golden Grove 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, March 18,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 14. Street ClosinQ Bv-Iaw Amendment - Mark Drive On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to the stopping up and closing of the following portion of highway: MARK DRIVE: ALL that portion of Mark Drive, a public street in Silver Falls Park, in the City of Saint John in the County of Saint John and Province of New Brunswick designated "Mark Drive (public street) area 1346 sq.m. on a plan of survey titled: "Plan of Survey Portion of Mark Drive, a public street Silver Falls Park, City of Saint John, Saint John County, N.B." dated October 25,2001, prepared by Kierstead, Quigley and Roberts per Steven R. Saunders NBLS #352, - be read. Question being taken, the motion was carried. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing a portion of Mark Drive, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. 88-867 COMMON COUNCIL FEBRUARY 11, 2002 Read a third time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 15. Street ClosinQ Bv-Iaw Amendment - Hvdro Place On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to the stopping up and closing of the following portion of highway: HYDRO PLACE (so-called): ALL that portion of a 40 foot (12.19m) wide public street designated Part L (Fifteenth Street) on "Survey Plan Showing Street Closure adjacent to Churchill Boulevard, (Rifle Range) City of Saint John, Saint John County, New Brunswick" prepared by Hughes Surveys & Consultants Ltd., dated January 28, 1993, approved by the Development Officer for the City of Saint John on February 10, 1993 and filed in the Office of the Registrar of Deeds in and for the County of Saint John on February 17th, 1993 as Number 3000, Part L being all that portion of Fifteenth Street lying east of the eastern sideline of Churchill Boulevard as shown on said Survey Plan filed as Number 3000, Fifteenth Street being commonly known as Hydro Place, - be read. Question being taken, the motion was carried. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. On motion of Deputy Mayor White Seconded by Councillor Teed RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing a portion of Hydro Place (so- called), be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 16. Water And SeweraQe Bv-Iaw Amendment On motion of Councillor Fitzgerald Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Water and Sewerage", with regard to rates and charges, be read. Question being taken, the motion was carried. The by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", was read in its entirety. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", with regard to rates and charges, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 88-868 COMMON COUNCIL FEBRUARY 11, 2002 Question being taken, the motion was carried. Read a third time the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage". (Councillor Titus re-entered the meeting.) 17. Board Of Police Commissioners - Council Committee Re Municipal FundinQ Sources On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Police Commissioners advising that, by resolution of February 5, 2002, the Board authorized Chairman Edward W. Keyes and Chief C. E. Cogswell to represent the Saint John Board of Police Commissioners and the Saint John Police Force on the Council committee to identify new municipal funding sources, be received and filed. Question being taken, the motion was carried. 19. Aquatic Centre Commission - Aquatic Centre I YM-YWCA On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Daryl Steeves, General Manager of the Canada Games Aquatic Centre, on behalf of the members of the Saint John Aquatic Centre Commission, outlining the Commission's position on the possible take-over of the Centre by the Saint John YM- YWCA, be received and filed. Question being taken, the motion was carried. 19A. Board Of Police Commissioners Translation Of Municipal Bv-Iaws On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Police Commissioners asking how the recent Court of Appeal Decision that New Brunswick municipalities must publish their by-laws in both official languages would affect the role of the Commission, its official documents, including minutes, policies and procedures, and how it would impact on the ability of the Force to deliver services and programs in both official languages, and advising that the Board would appreciate receiving direction on this matter, be referred to the City Solicitor. Question being taken, the motion was carried. 20. Uptown Saint John Inc. - 2002 BudQet On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Uptown Saint John Inc. advising that a general membership meeting was held on January 23, 2002 at which there was no verbal or written objection to the 13 cent per $1 OO/BIA levy in Uptown Saint John Inc.'s revised 2002 Business Improvement Area Budget, and at this meeting more than the required two-thirds of the non-residential users in attendance approved the revised budget of Uptown Saint John Inc., and submitting a copy of the Budget approved by the Board of Directors and Executive Uptown Saint John Inc. and the membership, be received and filed. 88-869 COMMON COUNCIL FEBRUARY 11, 2002 In response to the initial motion proposed by Councillor Desmond to approve the budget, the Mayor called for a motion to receive and file the above letter, noting that Council had asked Uptown Saint John Inc. for this information. Question being taken, the motion was carried. 21. Saint John SalvaQe Corps And Fire Police - MeetinQ Space On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Saint John Salvage Corps and Fire Police in appreciation for having been given use of a permanent meeting space in the Community Centre on Somerset Street, be received and filed. Question being taken, the motion was carried. 22. Janice Corbiere - Use Of Water Meters On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from Janice Corbiere urging Council to reconsider the use of water meters and introduce an equitable system that helps to protect and conserve one of the most crucial resources, be referred to the City Manager. The mover and seconder of the initial motion to receive and file the above letter changed the motion to that above following Councillor Trites' suggestion that it should be referred to staff for use during the rate study. Question being taken, the motion was carried. 23. Debly Resources Inc. - Re-Zoning Of Property On Golden Grove Road On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the application of Debly Resources Inc. for the re-zoning of property located on Golden Grove 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, March 18,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. Sheila Sabean I Lindsay Sabean - Amendment To Section 39 Conditions - 669 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Sheila Sa bean and Lindsay Sabean for an amendment to the Section 39 conditions of re- zoning of the property located at 669 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, March 18, 2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-870 COMMON COUNCIL FEBRUARY 11, 2002 25. Canadian Federation Of University Women Saint John Chapter Re Closure Of ABEC On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from the Canadian Federation of University Women - Saint John Chapter expressing concern over the closure of ABEC; advising of the support of its members for the concept of an arts and cultural board; and urging Council to create such a board, be received and filed. Councillor Chase suggested a referral to the City Manager for consideration in his report to Council on the formation of arts advisory committee for the City. Question being taken, the motion was carried with Councillor Chase voting "nay". Adjournment The Mayor declared the meeting adjourned. Common Clerk