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2002-04-08_Minutes 89-21 COMMON COUNCIL APRIL 8, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of April, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; G. Yeomans, Comptroller; Ms. K. Holyoke, Assistant Comptroller; 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. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on Tuesday, April 2, 2002, be approved. Question being taken, the motion was carried. 6. Proclamations Mayor McAlary, noting the presence at the meeting of Jack McNamara, President of the Parkinson Society, proclaimed April 2002 as Parkinson Awareness Month and April 7 - 13, 2002 as Parkinson Awareness Week in the City of Saint John. Deputy Mayor White announced the inductees for 2002 into the Alpine Saint John Sports Hall of Fame as follows: Hugh (Skip) Ayles - bowling; Mike Barry and Sean Barry - wrestling; Clarence (Butch) Cogswell - builder in basketball; Eldridge Eatman - athletics, and Adrian (Junior) Wedge - billiards. * Added Item The Mayor called for a motion to add to the agenda of this meeting as item 6A a resolution considered under item 38 in Committee of the Whole earlier this date. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above matter be added to the agenda of this meeting as item 6A Question being taken, the motion was carried. 89-22 COMMON COUNCIL APRIL 8, 2002 *6A. Salary Adiustments On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Common Council approve a one-step adjustment on the management payment scale, effective January 1, 2002, for the Common Clerk and Assistant Common Clerk. Question being taken, the motion was carried. The Mayor asked Council to deal with some of the City Manager's reports in the time before the scheduled presentations. 15. Tender For Contract 2002-9 On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-9, Church Avenue butterfly valve renewal, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $26,200, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16. Cancellation Of Warrant - SalvaQe Corps And Fire Police On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the warrant of Saint John Salvage Corps and Fire Police member Rene Robichaud be cancelled, as requested. Question being taken, the motion was carried. 17. Red Head Embankment Problem On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the report from the City Manager referring to the report to Council on March 4, 2002 regarding the Red Head Road embankment problem in which reference was made to an earlier suggestion that the City consider transferring City-owned land to the residents directly affected; and submitting a copy of the City Solicitor's letter to the City Manager, dated March 13, 2002, advising that such an arrangement is beyond Council's authority and the City's assistance with respect to land would be limited to the transfer of land which is perhaps of little value or in accepting terms of payment for that land which would be helpful to the property owners in question, be received and filed. (Councillor Ball entered the meeting.) Mr. Nugent advised that the fundamental premise was that the City could not simply give away public assets, although there may be land of relatively little value but potentially of interest to someone that could be disposed of on that basis or if Council were willing it could entertain terms of payment that would be attractive or suitable for the people in question. The Mayor advised that, further to the March 4, 2002 report to Council, she contacted the Provincial Minister of Public Safety and meetings have been held involving the Federal Government, the Province and the City, as well as some of the citizens, and she would bring any decisions from these meetings to Council's attention. Question being taken, the motion was carried. 89-23 COMMON COUNCIL APRIL 8, 2002 18. Installation Of Special Crosswalk At Market Place Consideration was given to a report from the City Manager advising of action taken further to the Carleton Community Centre Advisory Committee's request at the December 3, 2001 Council meeting for special crosswalk signals to be installed at the crosswalk on Market Place at Duke Street West at the entrance to the Centre, and submitting the results of a speed study of December 1, 2001; and also advising that, in this case, the traffic warrants do not support installation of special signals and, in fact, just meet the requirements for a marked crosswalk, and a three-way stop at this intersection was also studied and not considered advisable as per the submitted information on the proper use of stop signs; and recommending that Common Council not support the request for special crosswalk signals at Market Place West, based on traffic warrant models, but advise the Carleton Community Advisory Committee to undertake at the Centre an ongoing pedestrian safety education program. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the above report be referred back to the City Manager to look at other options, i.e. a speed bump, and for the requested report from the Police Commission. The Mayor, a member of the Saint John Board of Police Commissioners, advised that the above matter was on the Commission's agenda and referred to the Police Chief at the last meeting, so there would not be a report from the Commission until probably after the first week of May. Question being taken, the referral motion was carried. 19. Kvoto Protocol Read a report from the City Manager recommending that Common Council adopt the submitted FCM resolution on the Kyoto Protocol, further to the request of the Federation of Canadian Municipalities at the April 2, 2002 Council meeting, advising the FCM web site address where information regarding the Protocol can be found, as well as the full version of the Kyoto Agreement itself; and submitting two sections which give a brief overview of the national and international context regarding the climate change issue; and also advising that the Environment Committee has been looking at the partners for Climate Protection Program, in particular, and may have recommendations for Council in the future. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council adopt the following resolution urging ratification of the Kyoto Protocol: "WHEREAS climate change causes drought, permafrost melting, sea-level rise and floods that damage municipal infrastructure, displace citizens and create a financial burden for municipal governments; and WHEREAS economic activity in rural and northern communities relying on fisheries, tourism, forestry and agriculture is disrupted by climate change; and WHEREAS investments in building retrofits, community energy systems, water conservation, renewable energy technologies, waste reduction, landfill gas capture, fleet management and public transit reduce municipal operating costs, help maintain community services and protect public health while cutting greenhouse gas emissions contributing to climate change; and WHEREAS forestry and agriculture sectors can expand business opportunities by increasing the capacity of trees and soils to absorb carbon dioxide and by developing renewable fuels like ethanol; and WHEREAS fossil fuel producers are increasing investments in renewable energy and alternative fossil fuel technologies that reduce the amount of carbon dioxide going into the air; and 89-24 COMMON COUNCIL APRIL 8, 2002 WHEREAS 72 per cent of Canadians want the Kyoto Protocol ratified: BE IT RESOLVED that the Common Council of The City of Saint John endorses ratification of the Kyoto Protocol: AND FURTHER that this resolution be communicated to our Member of Parliament, provincial environment and energy ministers, federal and provincial opposition leaders, community media and the Federation of Canadian Municipalities.". Question being taken, the motion was carried. 20. Coleson Cove Refurbishment EIA - Transportation Study Read a report from the City Manager advising that, with regard to the Coleson Cove refurbishment, the environmental impact assessment process required by the Minister of Environment and Local Government under the Clean Environment Act is proceeding, and a series of reports is being undertaken by NB Power to research and compile the information needed to fulfill the terms of reference and to prepare the EIA document itself, and summarizing the Transportation Study prepared by ADI Limited in terms of the impact of additional truck and vehicular traffic generated during the construction and operation phases of the project on traffic levels of service and highway safety, as well as the impact on the highway infrastructure, staff's intent being to provide summaries on other reports to Council in the following weeks. The report also advises that staff and representatives of the Environment Committee met on March 27 with NB Power and its consultant for the Health Risk Report and asked that, in addition to the emissions from the generating station, the potential air quality impacts from the possible increase in airborne dust generated and truck traffic emissions be evaluated in that study, and it was also suggested that NB Power consider seriously the provision of "park & ride" services during construction, in particular, as a means of reducing traffic, safety and air quality concerns, including reducing greenhouse gases, and if Council has any specific concerns regarding the studies, they can be passed on to the Provincial Technical Review Committee. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 21. Point Lepreau Refurbishment Process On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the report from the City Manager commenting on the two review processes for the Point Lepreau refurbishment proposal - the Public Utilities Board process and the Environmental Impact process, with hearings on the load forecast and the refurbishment to begin on April 29 and May 27, respectively, and advising that staff and several members of the Environment Committee attended a workshop session held by NB Power on March 27 where an overview of the Point Lepreau project was presented, and the Telegraph Journal newspaper included a special report on Point Lepreau on March 30 of which copies can be available upon request, and staff will continue to monitor the processes and provide further updates to Council, be received and filed. Question being taken, the motion was carried. 22. Municipal Services Easement - Lansdowne Plaza Read a report from the City Manager advising that, although the plan filed in 1954 in the Saint John County Registry Office with the deed of sale of land on Lansdowne Avenue to Simpson-Sears Limited shows the location of City services within the land, no easements were reserved by the City in the 1954 conveyance and these lands, known now as Lansdowne Plaza, are currently owned by Plazacorp Retail Properties Ltd.; and also advising that, as an existing sanitary sewer must be moved to accommodate the expansion of the New Brunswick Liquor Commission at Lansdowne 89-25 COMMON COUNCIL APRIL 8, 2002 Plaza and Plazacorp and the Commission are willing to move this line, it is opportune to document the location of all easements and the rights the City will enjoy with respect to them. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) the City of Saint John release in favour of Plazacorp Retail Properties Ltd. any rights the City had or has to those pipelines in Lansdowne Plaza as generally shown on Schedule "A" as submitted; (2) the City assent to a municipal services easement through Plazacorp Retail Properties Ltd. property, PID Number 370957, as generally shown on Schedule "B" as submitted; and (3) the Mayor and Common Clerk be authorized to execute the release. Question being taken, the motion was carried. 23. Municipal Services Easement - Saint Clair Avenue Consideration was given to a report from the City Manager advising that, further to the closure of an unused and undeveloped portion of Saint Clair Avenue and the subsequent conveyance of it to the three adjacent property owners, the submitted final subdivision plan illustrates a 6.1 O-metre (20-foot) wide municipal services easement through the closed portion of the street, as requested by Municipal Operations in order to provide for the future possibility of connecting (looping) municipal services to Green Head Road and, as Council must assent to the proposed easement, the vesting is recommended for approval. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Common Council assent to the submitted plan by Fulton Surveys Ltd. entitled, "City of Saint John Subdivision - Part 'A', Part 'B' & Part 'C' - St. Clair Ave.", dated November 14,2001 in regard to a 6.10-metre (20-foot) wide municipal services easement. Question being taken, the motion was carried. 24. Water And Sewerage Business Plan Review And Revenue/Expenditure Analvsis Read a report from the City Manager advising the results of the call for proposals for a Water and Sewerage business plan review and revenue/expenditure analysis, submissions having been received from four consulting companies; and recommending acceptance of Touchie Engineering's proposal, the proposed cost of the work to oversee and manage the entire project being approximately $100,587.63, plus an additional cost of $14,748.75 for the infrastructure asset management strategy, an amount of $200,000 having been included in the 2002 Water and Sewerage Services operating budget for this work. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of Touchie Engineering for the Water and Sewerage business plan review and the infrastructure asset management strategy be accepted, with final report submission to Council by Monday, September 16,2002, and the Mayor and Common Clerk be authorized to execute the appropriate contract documentation. The Mayor noted the item on water meters on the agenda of this meeting under item 10, and Mr. Groody confirmed that the study would be a comprehensive review of all revenue requirements and all of the factors that should be considered in arriving at what the rates should be, with issues like metering to be thoroughly considered along with a number of other related issues. Question being taken, the motion was carried. 89-26 COMMON COUNCIL APRIL 8, 2002 25. Re-ZoninQ Of Hillcrest Road Area Consideration was given to a report from the City Manager submitting, further to Council's referral on April 2, 2002 of Trevor MacDonald's letter in concern about the possibility of additional mobile homes being placed on lots along Hillcrest Road, a map illustrating the zoning in the area, the "M" designation indicating that mobile homes are permitted; advising that staff has confirmed with Mr. MacDonald that he and other area residents would like the City to initiate the re-zoning of this whole area so that mobile homes are not permitted; and, by way of background, indicating that this area and other areas of the City were re-zoned in the mid-1970s to provide areas outside of the City where individual mobile homes could be located on separate lots outside of mobile home parks and, since that time, portions of Hillcrest Road have developed with larger than conventional homes and, in fact, Provincial records indicate that there is only one mobile home on Hillcrest Road. Included in the report is a recommendation to initiate the re-zoning of the subject area and as well, should Council wish to ensure that mobile homes are not placed on these properties prior to the potential enactment of a new zone, a recommendation to prohibit development not in keeping with the proposed zone. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council initiate the re-zoning of those properties along Hillcrest Road that are zoned "RS-1 M" One and Two Family and Mobile Home Suburban Residential to the "RS-1" One and Two Family Suburban Residential zone, as shown on the submitted plan, with a public hearing date of May 13, 2002; and (2) pursuant to Section 71 (1) of the Community Planning Act, Council prohibit all development in the area shown on the submitted plan that is not in accordance with the "RS-1" zoning: AND FURTHER that the necessary advertising be authorized for the proposed re-zoning and the matter be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. 26. AQreement For Electronic Services Deliverv Read a report from the City Manager noting that customers of Service New Brunswick (SNB) can make payments in one of three ways - (1) through the Internet via SNB on-line, (2) by telephone through SNB's TeleServices and (3) in person at one of SNB's offices and, in recent years, customers of the City's Water and Sewerage Utility have been able to make payments in person at the SNB offices; advising that SNB has now offered the City the opportunity for its customers to take advantage of SNB on-line and SNB TeleServices, and seeking Council's approval of the submitted agreement relative to electronic service delivery. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the proposed agreement, as submitted, with Service New Brunswick (SNB Service Agreement #: 01-107) relative to the electronic delivery of payment services, subject to final review as to form and content by the Legal Department. Question being taken, the motion was carried. 27. Street ClosinQ Bv-Iaw Amendment - Rope Walk Road On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: 89-27 COMMON COUNCIL APRIL 8, 2002 ROPE WALK ROAD: ALL that portion of Rope Walk Road also known as Somerset Street, a public street, containing 589m2 and shown on a Plan of Survey titled "Plan of Survey Showing a portion of Rope Walk Road, City of Saint John, Saint John County, New Brunswick" surveyed by Russell J. Robinson New Brunswick Land Surveyor December 21, 2000 certified correct Hughes Surveys & Consultants Ltd. (Job No. 94- 501-R) - 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 Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Rope Walk Road, 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". The Mayor asked for consideration of item 28 at this time whereupon Councillor Teed, on a point of order, questioned the manner in which the Mayor was proceeding in view of other earlier agenda items not yet having been considered. The Mayor, noting that the time of the scheduled presentations had not yet arrived and her question to Council earlier about proceeding with the City Manager's reports starting with item 15, advised her intent to continue on accordingly. 28. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, April 2, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and submits the following recommendation, namely: 1. That as recommended by the City Manager, (1) the proposals for the sale and development of Site E/F Chesley Drive, 13 Foulis Court and 131 Pugsley Avenue, Blue Rock Court, and 315 Metcalf Street be rejected and the bidders be thanked and their deposits returned; (2) staff be given 45 days to negotiate with Canterbury Development Ltd. for more equitable terms of sale for the four aforesaid parcels; and (3) staff be authorized to solicit proposals for the listing of the below-noted City-owned parcels and lots with a real estate agent(s): (1) 104 and 128 St. John Street West (PID Numbers 365338 and 365346), (2) Sea Street (PID Number 394973), (3) 105 Honeysuckle Drive (PID Number 55120893), (4) 511 Green Head Road (PID Number 468322), (5) 26 Lockhart Street (PID Number 24927), (6) 199 Cranston Avenue (PID Number 31401), (7) Millidge Avenue at Somerset Street (PID Number 47381), (8) 144 Courtenay Avenue (PID Number 417584), (9) 621 Eldersley Avenue (PID Number 55155048), (10) 641 Eldersley Avenue (PID Number 55155055), (11) 681 Eldersley Avenue (PID Number 55155071), and (12) 705 Eldersley Avenue (PID Number 55155089). April 8, 2002, Respectfully submitted, (sgd) Shirley McAlary, 89-28 COMMON COUNCIL APRIL 8, 2002 Saint John, N.B. C h air man. 28.1. Surplus City Land On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried with Councillor Ball voting "nay". 29. Saint John Art Advisorv Board - Board Vacancies On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from Wm. (Bill) R. Fitzpatrick, Chair of the Saint John Art Advisory Board, advising that, having some time ago presented three names to Council to fill vacancies on the Board, the Board has not been advised to date if these names, or others, have been appointed, and would appreciate being advised as to the status of these nominations, be referred to the Nominating Committee. The Mayor explained that the Nominating Committee had not yet dealt with the previous referral because of the understanding that a new arts and cultural board was to be put in place. Question being taken, the motion was carried. 30. Fundy Region Solid Waste Commission 2001 Financial Statements & Auditor's Report On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Fundy Region Solid Waste Commission submitting, pursuant to the requirements of Sections 7 and 8 of Regulation 96-11 under the Clean Environment Act, the Financial Statements and Auditor's Report for the year ended 31 December 2001, which the Commission reviewed and adopted at it March 27, 2002 meeting, be received and filed. Question being taken, the motion was carried. 31. William & Lorna Balemans - Septic Field Instead Of Lift Pump At 20 Pickard Street On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from William and Lorna Balemans advising their reasons for preferring to have a septic system instead of a lift pump in the house they are building at 20 Pickard Street, and would appreciate Council taking the time to assess the situation and consider allowing them to go ahead with what they feel would be the best option for them, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 32. Hazen Investments Limited - Residential ParkinQ And Snow Removal Study On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from Hazen Investments Limited registering objection to Appendix "A", (a) an overnight parking ban 89-29 COMMON COUNCIL APRIL 8, 2002 during major storms with a provision for providing alternative off-street parking for residents during the ban, in the Residential Parking and Snow Removal Study, on the basis that this is detrimental to attracting new people to the Uptown and to those who presently live there, as well as unworkable as most of the City lots would need to be plowed at the same time, be referred to the Saint John Parking Commission. Question being taken, the motion was carried. 33. H. Sauerteig - Fundy Region Solid Waste Commission WithholdinQ Of Information On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from H. Sauerteig commenting on the failure by the Fundy Region Solid Waste Commission to dialogue with the public, seeming to him that the Commission's phobia of informing the public is one of the reasons for the lack of cooperation it gets from the public and the other is that the operations are ill-conceived and not customer friendly, and it is next to impossible to get any information, although it is readily available; and expressing the view that, since there seems to be no hope that this will change, it still might be the best solution to replace the Commission with a trustee, be received and filed. Councillor Desmond, Council's representative on the Commission, advised that what Mr. Sauerteig submitted to Council above was his presentation to the Commission and, as the Acting Manager of the Commission was unable to attend the meeting and the Commissioners did not have the expertise to answer the questions asked, this would be dealt with at the proper time by the Commission by a letter back to the presenter. Question being taken, the motion was carried. 34. Paul And Stacy Coyle - Request To Address Council Re Water System On Honevsuckle Drive The Mayor, noting Council's request at its last closed session for a report on the position of the City's insurers on the Honeysuckle Drive water issue, suggested that the letter from Paul and Stacy Coyle could be tabled until the report was received. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the letter from Paul and Stacy Coyle of 89 Honeysuckle Drive requesting to appear at the next public session of Council to express their anger with the City of Saint John, having been in litigation against the City for damages that was caused to their home from an insufficient water system, and the City's insurer refuses to settle this matter, be laid on the table until Council receives the report from the City's insurers. Question being taken, the tabling motion was carried with Councillor Desmond voting "nay". 35. Saint John Board Of Trade - Support Re Application For Exemption From Application Of Davs Of Rest Act On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from the Saint John Board of Trade in support of Uptown Saint John Inc.'s application to the Provincial Municipal Capital Borrowing Board to have the Uptown Saint John BIA declared a tourist area and to obtain a permit exempting the operation of all retail businesses located within its boundaries from the application of the Days of Rest Act, and urging Council to support this application, be received and filed. Question being taken, the motion was carried. 89-30 COMMON COUNCIL APRIL 8, 2002 7. Attendance At FCM Conference Read a letter from Mayor McAlary requesting a motion with respect to the attendance of Council members at the forthcoming Federation of Canadian Municipalities Conference. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that any member of Council who wishes to attend the Federation of Canadian Municipalities Conference, to be held May 31 to June 3,2002 in Hamilton, Ontario, may do so. Question being taken, the motion was carried. 8. FundinQ For New HousinQ For Low-Income Families Read a letter from Councillor Chase referring to the Department of Public Safety's recent order that twelve properties be closed down because of electrical wiring that poses the risk of fire, as well as the property already shut down on Rockland Road and three other properties on St. James Street that he understands will likely be ordered closed down; and asking for Council's support, as the many families displaced from these dwellings will likely find themselves living in other unsafe dwellings if they are unable to find housing at all given the extensive list for low-income housing, in writing to the Ministers responsible at the Federal and Provincial levels of government in order to draw their attention to the community's need and requesting funding for new housing for low-income families. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that a letter be forwarded to the Ministers responsible at the Federal and Provincial levels of government in order to draw their attention to the community's need and requesting funding for new housing for low-income families. Deputy Mayor White, a member of Saint John Non-Profit Housing Inc., commented on housing initiatives being pursued by Saint John Non-Profit Housing and Housing Alternatives with the other levels of government. Question being taken, the motion was carried. 3. Saint John Harbour BridQe Authoritv Consideration was given to a letter from Jack Keir, General Manager of the Saint John Harbour Bridge Authority, outlining the presentation to be given at this meeting as follows: (1) introduction of Board members, (2) update on the electronic toll collection system, and (3) update on debt reduction and payment to the Federal Government, further to Councillor Fitzpatrick's request to Council on January 14, 2002 for the Board to give a presentation to Council and provide an update on its activities, Councillor Fitzpatrick withdrew from his place at the Council table and, in addressing Council from the podium as Chairperson of the Saint John Harbour Bridge Authority, introduced the Board members present at the meeting, being Vice Chairperson Brian Beckingham, a City of Saint John appointee; Secretary Rose Doherty, a Government of Canada appointee; Treasurer Ron Hutton, a City of Saint John appointee; Commissioner Owen Boyle, a Province of New Brunswick appointee; and Commissioners Del O'Brien and Ladds Batten, City of Saint John appointees. Councillor Fitzpatrick returned to his place at the Council table. Jack Keir, General Manager of the Authority, advised that, in terms of traffic and revenue as of March 31, 2002 while traffic has increased by a percentage point to 10,112,186 vehicles in a 12-month period, truck traffic on the Harbour Bridge is down six percent; however, revenue has remained stable at about $2.4 million and the Authority is holding the line on expenses; and commented on the electronic toll system, having sold more than the 5,000 tags estimated in 1996 when the system was put in and the transportation companies in New Brunswick and Nova Scotia that bought into the system being able to use the same tag to drive from Halifax-Dartmouth through the 89-31 COMMON COUNCIL APRIL 8, 2002 Cobequid Pass and through the Saint John Harbour Bridge, and the Authority was now in preliminary discussions with both Transport Canada and the Provincial Department of Transportation about the use of these tags for such things as Bay ferry costs and gas. In terms of debt reduction on the Harbour Bridge, Mr. Keir advised that the fifteen-cent toll that has been in place since 1968 was doing more than paying for itself, in the last four years having averaged a debt reduction payment back to the Federal Government of over $900,000 each year which has brought the total debt of the Bridge down to just over $25 million, with another cheque anticipated to be given in June for somewhere between $700,000 and $800,000, bringing the debt down to approximately $24.2 to $24.3 million; and also advised that the Bridge infrastructure was in great shape, the major reason for this being the maintenance program and Fenco, the engineering firm, has indicated that the Bridge is like new. The Mayor thanked the Board and staff of the Authority and commended them for the work being done at the Harbour Bridge. 4. Uptown Saint John Inc. - Application For Exemption Of BIA From Davs Of Rest Act Consideration was given to correspondence from Uptown Saint John Inc., which was previously submitted to Council on April 2, 2002, seeking Council's support in its application to the Provincial Municipal Capital Borrowing Board to have the Uptown Saint John Business Improvement Area declared a tourist area and to obtain a permit exempting the operation of all retail business located within its boundaries from the application of the Days of Rest Act. Mike McGraw, President of Uptown Saint John Inc., in summarizing the previously submitted correspondence, expressed the view that Uptown Saint John fits the criteria set out by the Municipal Capital Borrowing Board in terms of historic and tourism dependency in applying for a tourist area designation, and commented on the Sunday shopping issue on the basis that Uptown Saint John Inc.'s Board, members and on-street retailer support the application for exemption from the application of the Days of Rest Act. Mr. McGraw expressed the view that the issue with the City Market and Brunswick Square in terms of Sunday shopping was the same for retailers there being forced to open as it was for everybody else being forced to not be open, and explained the reasons for Uptown Saint John Inc. making the application to the Board in terms of its efforts with respect to tourism marketing and building the Uptown area residentially, commercially and from a tourism aspect. Mr. McGraw, in requesting Council's support of the application, advised that this would remove one more restriction so that Uptown Saint John Inc. could move on with its overall package of marketing and building the Uptown area. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John support the application of Uptown Saint John Inc. to the Provincial Municipal Capital Borrowing Board to have the Uptown Saint John Business Improvement Area declared a tourist area and to obtain a permit exempting the operation of all retail business located within its boundaries from the application of the Days of Rest Act. During discussion Councillor Teed made the observation that Uptown Saint John Inc. was quite at liberty to go to Fredericton to try to get the application through with or without Council's support as long as Council did not oppose it; questioned the extent of the support for the application, considering the inclusion in the Uptown Saint John Inc. survey of Prince William and Canterbury Streets which were already designated and the over thirty stores in Brunswick Square which apparently do not support the application; and advised that the other problem he had was that there was no substance in saying that the designation would improve all the little shops for tourism and, in any event, there was only one of the forty cruise ship visits listed for 2002 coming on a Sunday. Councillor Fitzgerald advised that he did not share the idea that stores had to be open on Sunday and, from that point of view, he would not support the motion. Question being taken, the motion was carried with Councillors Fitzgerald and Teed voting "nay" . 89-32 COMMON COUNCIL APRIL 8, 2002 5. Finance Committee - 2001 Financial Statements (a) General Fund, (b) Water And Sewerage Utility (c) SinkinQ, Reserve And Trust Funds Consideration was given to a letter from Councillor Desmond, Chair of the Finance Committee, submitting the audited 2001 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds to be presented to Council at this meeting, at which time any questions related to the audit should be directed to Ernst & Young representatives who will be in attendance and any questions relating to the operating results or the financial position of the General Fund or Utility should be directed to the Commissioner of Finance in recognition of management's responsibility for the finances of the City and the preparation of the financial statements; and submitting a general commentary from the Commissioner of Finance on the operating results noting that the General Fund ended the year with a deficit of $798,410 and the Water and Sewerage Utility realized a surplus of $48,647; commenting on both positive and negative key factors that contributed to the 2001 General Fund deficit in terms of (1) cash management, having expended less than anticipated on debenture borrowings as a result of a better than anticipated interest rate, a lower debenture amount and timing of the debenture issue and, as well, interest costs associated with short-term borrowings being less than budget while conversely earnings on short-term investments were less than budget due to lower interest rates, resulting in a positive variance of $337,000; (2) fire protection, with delays in staffing vacant positions, Workers' Compensation claims and staged wage increases in the new collected agreement resulting in staffing costs being $251,000 less than budget; (3) building/land rentals, with success achieved in renting surplus space in the City Hall building having resulted in rental revenues being approximately $75,000 greater than budget target; (4) liability insurance, with the City being able to decrease costs by approximately $143,000 for the year as a result of competition during the tender process; (5) building permits, with annual revenues of $422,816 being $107,000 less than budgeted; (6) fleet management, with an over-expenditure for the principal reason of unrealistic budget targets; (7) the cost of salt, sand and trucking being approximately $270,000 over budget; (8) the Police Commission exceeding its budget allocation by approximately $240,000; (9) increased fuel costs of approximately $175,000; (10) a shortfall of approximately $135,000 in building maintenance, primarily in the recreation area; (11) an expenditure of approximately $100,000 greater than budget targets for personnel (long-term sick leave), with the need to fill vacancies with casual staff in order to ensure continuity of service delivery, given the general reduction in staff levels; (12) motor vehicle violations, with the actual revenue being $75,000 less than budget, for the main reason of an increase in costs associated with court security, which the Province deducts from the revenue prior to distributing funds to the City; and (13) other items (net) - a balancing figure being a compilation of revenue and expenditure items either over or under budgeted targets resulting in a total negative variance of $56,000. Councillor Desmond recognized the members of the Finance Committee, including Mr. Yeomans, Ms. Holyoke, the City's auditors Ernst & Young and Councillors Fitzgerald, Chase and Trites; and made the observation that Council would be facing tougher decisions in terms of the City's 2003 budget than it did for the 2002 budget and it would be necessary to be very careful as to how it proceeds in regards to its finances in the coming years. Mr. Beckett introduced Mike Bishop and Bill Higgins of Ernst & Young and, in reviewing his general commentary on the operating results, advised the significance of the $798,410 deficit on the 2003 Operating Budget in that this amount must be paid on January 1, 2003 and, in addition, the 2003 Operating revenues would decrease by $860,595 - the amount of the surplus that was carried forward into the 2002 Operating Budget, the total impact on the 2003 Operating Budget being a $1,659,000 shortfall when compared to 2002, prior to consideration of other expenditure and revenue items. As to whether or not there was a need to be critical of the $798,410 deficit in a budget of $90 million, Mr. Bishop indicated in the negative, and advised that the concern would be that, with 94 percent of the City's revenue coming from property taxes and unconditional grants, the City did not have the flexibility, with a lot of expenses it may not be able to control and wanting to keep the same level of service, and on a go- forward basis it would become even more difficult, thus a concern with what happened in 2001 based on the dynamics with which the City was faced. The question was broached of whether or not the Finance Committee should be meeting more often, perhaps on a quarterly basis, so that, if the City started to fall behind, it could pinpoint and attempt to address problem areas before coming back at the end of the year with a million dollar deficit or whatever, and Mr. Bishop made the observation that the Committee would be able to react a little sooner if it were aware of variances. In the latter regard, Mr. Beckett suggested that there were issues on which the Finance Committee should be meeting more often, including a review of the financial results, the mandate and function of the 89-33 COMMON COUNCIL APRIL 8, 2002 audit, the auditors' management letters and the detailed audit plan; and also that, in terms of reporting of ongoing results, Council, through whatever vehicle it chooses be it the Finance Committee or Council as a whole and the City administration, could meet an overall target initially of meeting budget targets by, if it knew it were going over budget in some areas, trying to curb expenditures in other areas. Mr. Totten suggested that, while the Finance Committee played a role in meeting with the auditors to review history, there was a value to Council for that Committee to playa more active role with staff in working toward the operating budget and subsequently reporting to Council, noting Council's past indication that it wanted to become involved earlier in the process and the difficulty of getting the entire Council together to delve into some of the details. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the audited financial statements of the City of Saint John General Fund, the Water and Sewerage Utility and the Sinking, Reserve and Trust Funds for the year ended December 31, 2001 be approved as presented. Question being taken, the motion was carried. Councillor Chase proposed a motion that staff present to Council, on a quarterly basis, the financial statements, whereupon Councillor Trites advised that he would second the motion if it were to be on a regular basis. Mr. Beckett advised that statements were not prepared on a quarterly basis but on a business-cycle basis in that, as there are very distinct seasons in the City's operations, it is more relevant in terms of the analysis staff needs to do to look at the results on a seasonal basis, such the end of April for the winter season, the end of August for the summer season, and reporting on a regular basis would mean reporting twice during the year, with the third time to be during the budget. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that staff present to Council, on a regular basis, the financial statements. Question being taken, the motion was carried. 9. Access To LarQest Island In ReversinQ Falls Consideration was given to a letter from Councillor Teed suggesting that some form of access to the largest and most southerly island at the brink of the Reversing Falls could be a major tourist attraction and make it a sought-after site and, with a foot bridge, there could be developed a walk around the edge of the island allowing visitors to literally stand in the closest contact with the rushing changing river, and an eatery could be developed; also suggesting three types of access, including a covered bridge for foot passage, a suspension bridge and a cable car, as illustrated in the submitted sketches done by Saint John artist Helen Veino. Councillor Teed proposed a motion, which was seconded by Councillor Desmond, that the subject of construction of a form of access to the largest island on the Reversing Falls and the development of an eatery and viewing building be referred to the City Manager for a report as to the feasibility, costs and economic return. The Mayor asked how the City could afford a feasibility study; and Councillor Trites expressed the view that, having just received the 2001 financial report, if Council had a place to put senior staff to work it should be in planning for next year, and covered bridges and cable cars at Reversing Falls would not be part of that, and advised that he would not support the motion. Councillor Ball suggested that this idea could be put on file with the Saint John Waterfront Development Partnership, and Councillor Titus advised that he would not be opposed to referring this matter to the Board of Trade, the Port of Saint John and the Waterfront Partnership in that, if this were ever going to happen, it would be through private industry as the City simply could not afford it. Mr. Totten advised that he believed the sort of concept proposed above had been identified in the inventory of potential projects and opportunities listed by the tourism product development group under the Waterfront Development Partnership, and 89-34 COMMON COUNCIL APRIL 8, 2002 the mover and seconder of the motion agreed to change it to refer the matter to the Saint John Waterfront Development Partnership, the Saint John Board of Trade and Tourism. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the subject of construction of a form of access to the largest island on the Reversing Falls and the development of an eatery and viewing building be referred to Waterfront Development Partnership, the Saint John Board of Trade and Tourism for a report as to the feasibility, costs and economic return. Question being taken, the motion was carried. 10. Water Meters Councillor Teed asked to defer his letter on water meters under item 10, as well his letter under item 11, to the next meeting and deal with his letter under item 12 at this time. The Mayor noted that Mr. Groody indicated earlier in the meeting that water meters would be included in the water study. Councillor Titus advised that, if it were Councillor Teed's intent to move a tabling motion, he would second it. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above letter from Councillor Teed regarding water meters be laid on the table until the next meeting of Council. Question being taken, the tabling motion was carried with the Mayor voting "nay". 11. Council Committee To Prepare Submission To Prime Minister's Caucus Task Force On Urban Issues On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed regarding a submission to the Prime Minister's Caucus Task Force on Urban Issues be laid on the table until the next meeting. Question being taken, the tabling motion was carried with the Mayor voting "nay". 12. Feasibilitv Of DisposinQ Of City's Power Commission Read a letter from Councillor Teed expressing concern over recent publicity about the feasibility of disposing of the City's Power Commission and, to clarify the situation and terminate misleading rumours, proposing that Council place on public record that it is satisfied with the operations of the Power Commission (Saint John Energy) and direct City staff to take no further action respecting seeking any changes in legislation relating to the present operations, ownership or status of the Power Commission and further that the City's Chief Executive Officer be directed to answer any inquiries respecting possible sales or transfer of Saint John Energy to the effect that Council is satisfied with matters as they now exist. Councillor Teed proposed the motion as set out in the above letter. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with Councillors Ball, Chase, Desmond, Teed, Titus and Trites voting "nay". 89-35 COMMON COUNCIL APRIL 8, 2002 On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that Council place on public record that it is satisfied with the operations of the Power Commission (Saint John Energy) and direct City staff to take no further action respecting seeking any changes in legislation relating to the present operations, ownership or status of the Power Commission, and further that the City's Chief Executive Officer be directed to answer any inquiries respecting possible sales or transfer of Saint John Energy to the effect that Council is satisfied with matters as they now exist. During discussion Councillor Fitzpatrick advised that, having been dealing with this matter in closed session, there were some issues with which Council had to deal and he did not think it was correct to deal with it in this manner at this time and would not support the motion; and Deputy Mayor White agreed that Council should not be dealing with this in this manner, having been having discussions on it for quite some time, and expressed the view that Council should carry on with internal discussions until it makes a decision. The Mayor advised that she would not support the motion for the reason that Council has had numerous discussions in Committee of the Whole and Legal Session and the reports have not been brought to open session of Council for discussion and the public should be allowed to have the information Council has had from both the City Solicitor and the Solicitor for Saint John Energy on the issue of ownership. Question being taken, the motion was carried with the Mayor, the Deputy Mayor and Councillor Fitzpatrick voting "nay". 13. Notification Of Repairs Or Preventative Action For Sidewalks & Streets 14. Removal & Replacement Of Brick Walks On KinQ Street Councillor Teed asked that, in view of the time, Council defer items 13 and 14 for further discussion. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that Councillor Teed's letters on needed repairs or preventative action for sidewalks and streets, and the removal and replacement of brick walks on King Street and adjoining areas, under items 13 and 14 respectively, be laid on the table until the next meeting. Question being taken, the tabling motion was carried with the Mayor voting "nay". Adiournment The Mayor declared the meeting adjourned. Common Clerk