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2002-05-06_Minutes 89-64 COMMON COUNCIL MAY 6, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of May, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, and Titus. - and - Messrs. P. Woods, Deputy City Manager; B. Cullinan, 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; A Bodechon, Deputy Chief of Police; Ms. C. Mosher, Assistant Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 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 Court RESOLVED that the minutes of the meeting of Common Council, held on April 22, 2002, be approved. Question being taken, the motion was carried. The Mayor asked for consideration at this time of agenda items 33, 38, 39, 43, 45 and 46, all of which involved requests for Land for Public Purposes funding on which delegations were present at this meeting. 33. St. John The Baptist-King Edward School FundinQ For School Yard Improvements Consideration was given to a letter from St. John the Baptist-King Edward School requesting to address Council at this meeting with regard to the submitted information on the School Yard Improvement Committee's plans to improve the grounds surrounding the School by creating a suitable play space for the children, enhancing the green areas around the School and making the property more wheelchair accessible; and requesting a contribution of funds from the City for this project. Consideration was also given to a revised Schedule C budget for the above project (copies of which were distributed to the Council members at this meeting). 38. Monte Cristo Park Playground Committee FundinQ For Community PlaVQround Consideration was given to a letter from the Monte Cristo Park Playground Committee requesting to appear at this meeting to make a request to the City of Saint John to match all contributions and funds that it has raised to build a community playground, and submitting a summary of the Committee's fundraising efforts and drawings, as well as the associated costs to make this playground a reality. 89-65 COMMON COUNCIL MAY 6, 2002 39. K.B.M. Ketepec, Belmont, Morna Outing Association - FundinQ For Bleachers Consideration was given to a letter from the KBM - Ketepec, Belmont, Morna Outing Association, requesting matching funds to purchase bleachers for the community ballfield located next to the Association, and submitting a quote indicating the cost. 43. Millidgeville Community Playpark Committee FundinQ For Second Phase Of Project Consideration was given to a letter from the Millidgeville Community Playpark Committee requesting an opportunity to present its activities to Council and to make application for matching funds for the second phase of its project adjacent to the M. Gerald Teed School and the Millidgeville Community Centre. 45. Kiwanis Club Of Lancaster FundinQ For Beautification Project Consideration was given to a letter from the Kiwanis Club of Lancaster requesting permission to beautify and develop a small park on City-owned land on the corner of Pine Avenue and Sand Cove Road, and for funding assistance from the City for this project. 46. Kiwanis Club Of Saint John FundinQ For Playpark Project Consideration was given to a letter from the Kiwanis Club of Saint John advising of its interest in completing the Kiwanis Playpark project in Rockwood Park with the construction of the amphitheater section, and requesting funding to match the funds raised toward this project. Mayor McAlary, noting the requests to address Council by some of the above groups, explained Council's policy regarding presentations, as well as the policy with respect to the application deadline for and allocation of funding from the Land for Public Purposes Trust Fund, and requested Council to refer the above letters to the City Manager. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the requests of St. John the Baptist-King Edward School, the Monte Cristo Park Playground Committee, the K.B.M. Ketepec, Belmont, Morna Outing Association, the Millidgeville Community Playpark Committee, the Kiwanis Club of Lancaster and the Kiwanis Club of Saint John for funding from the Land for Public Purposes Trust Fund, be referred to the City Manager. The Mayor suggested that the groups could be advised when Council would be considering the City Manager's recommendation in the above regard. Question being taken, the motion was carried. 44. Letters Re FloodinQ On Honeysuckle Drive Consideration was given to letters concerning flooding on Honeysuckle Drive in the Meadowland Subdivision from (a) Gerald Wyman, (b) Paul Coyle requesting to address Council in this regard, (c) Lynda Martin, and (d) Mark, Charmaine, Meghan and Matthew O'Hearn. Mayor McAlary advised that Council had not yet met with the City's insurer and, until it did so, could not hear the concerns of the residents, and called for a tabling motion. 89-66 COMMON COUNCIL MAY 6, 2002 On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letters from Gerald Wyman, Lynda Martin, Paul Coyle, and Mark, Charmaine, Meghan and Matthew O'Hearn, regarding flooding on Honeysuckle Drive in the Meadowland Subdivision, be laid on the table. Question being taken, the tabling motion was carried. 15. Provincial HiQhway System In Saint John Consideration was given to a report from the City Manager providing a factual picture of Provincial highways in Saint John, identifying serious issues concerning those highways, and proposing a course of action to address certain immediate needs, having identified the following four categories of Provincial highway types running through the community as follows: A. Provincial DOT highways, B. Provincial highway accesses (ramps and interchanges), C. Provincially designated highways, and D. regionally designated highways. The report focuses on the structural integrity and operating condition of these highways and the resources allocated to the municipality for their maintenance and repair, the primary concern being the physical maintenance (i.e. summer maintenance) and repair of those highways in Category C and Category D, recent discussions with Provincial Government officials having centered on these two categories in that, as indicated in the submitted letter from the Minister of Transportation, a proposal called the Municipa/ Designated Highway Grant Program would make available a one-time grant to municipalities for the restoration of eligible designated highways and, after restoration, the highways would be turned over to the municipality as a municipal street. Mr. Groody, through a computer-aided presentation, gave an overview of the Provincial highway system in Saint John and reviewed the four categories of highways and the capital improvement programs, commenting on the resources allocated by the Province to maintain the structural integrity of the operating surface of the highways, as well as changes over the years in the distribution of kilometrage and the level of funding provided. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) a five-year commitment (2002 to 2006) for the reconstruction of Rothesay Avenue be sought from the Province of New Brunswick, in accordance with the plan outlined in Appendix "C", as submitted; (2) a three-year commitment (2002 to 2004) for the reconstruction of Fairville Boulevard be sought from the Province of New Brunswick, in accordance with the plan outlined in Appendix "c, as submitted; (3) Provincial funding be sought in 2002 for the proposed projects for other Provincially designated highways, in accordance with the plan outlined in Appendix "C", as submitted; and (4) various maintenance agreements for Provincial highways be reviewed with the Province of New Brunswick. Mr. Groody responded to questions during which time he advised that a significant level of work was also required in water and sewerage services on Rothesay Avenue; and expressed the opinion that this work should be completed in conjunction with the reconstruction of the road. Question being taken, the motion was carried. 16. Adjustments To 2002 Water And SeweraQe Utility ProQram On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the report from the City Manager submitting as Appendix 'A' a detailed project summary for six proposed revisions to the 2002 Capital Program for the Water and Sewerage Utility, and recommending that Common Council approve the revisions to the 2002 Water and 89-67 COMMON COUNCIL MAY 6, 2002 Sewerage Utility Fund Capital Program as outlined herein, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 17. Tender For Contract 2002-3 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2002-3, Transmission Mains East - Thorne Avenue and Russell Street, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $1,442,648, 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. 18. 2002 Street Surface Maintenance ProQram On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager submitting a list of streets proposed for the 2002 street surface maintenance program, including limits of work, updated cost estimates and the surface rehabilitation process proposed; and recommending that Common Council approve the proposed surface maintenance program contained herein with an amount of $1,400,000 to be funded equally from the General Fund Operating Budget and the General Fund Transportation Capital Budget and $157,000 to be funded from the Water and Sewerage Utility and Storm Sewer operating budgets, for a total program expenditure of $1,557,000, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 4. Proclamations Mayor McAlary proclaimed May 6 to 12, 2002 as Mental Health Week and Nursing Week in the City of Saint John. 3. Fundy Region Solid Waste Commission OperatinQ BudQet I BorrowinQ For Year 2002 Consideration was given to two letters from Peter LeBlanc, Chair of the Fundy Region Solid Waste Commission, (1) submitting the Commission's operating budget for 2002, revised from the previous submission based on operating data the Commission now has for the first three months of 2002 and, in addition, providing more explanatory notes to ensure all stakeholders in the Region are kept fully informed of the Commission's activities; and including five-year and long-term financial projections of expenditures and revenues and the resulting tip fee schedule, as well as a schedule for construction of new cells and capping old cells to clearly indicate the future capital requirements and projected life of the Crane Mountain site; and (2) informing Council, as required under the Clean Environment Act, of the Commission's intention to vote on a borrowing resolution to submit to the Municipal Capital Borrowing Board an application for authorization to borrow $2,600,000 for capital expenses for a period not to exceed 10 years for the provision of environmental health services, and advising that this financing is required to fund the current budget overage, purchase a compost turner and complete the project in accordance with the original specifications. Everett Calvin, Vice Chair of the Fundy Region Solid Waste Commission, introduced the Interim General Manager of the Crane Mountain landfill, Robert Lutes of Gemtec Engineering, who reviewed the Commission's operating budget for 2002 and the intent to borrow $2.6 million to cover the current $1 million deficit, purchase a compost turner and complete the project; and advised of the identification of deficiencies by ADI, which was engaged to evaluate the facility and identify what would be required to bring the site up to performance standards. Mr. Lutes addressed the current problems with the composting operation, stressing the need for a compost turner and advising that 89-68 COMMON COUNCIL MAY 6, 2002 there was no intention of placing this material in the landfill; and noted the facility's 30% waste diversion level and the cost savings in this operation. Mr. Lutes reviewed the projected tipping fees, revenue and expenditures, and schedule for construction of cells and caps, and commented regarding perpetual care. Mr. Lutes advised that the Zenon technology was working in accordance with the plans and specifications and the water being produced was being monitored to determine its viability; and, in concluding his presentation, expressed the view that the Crane Mountain landfill was a state of the art site with a cost effective waste diversion program. (Councillor Stephen Fitzpatrick entered the meeting during the above presentation. ) During discussion Mr. Lutes distributed copies of a document - Information Session, Crane Mountain Solid Waste Management Facility, New Brunswick, dated March 16, 2002, and Councillor Chase expressed concern regarding the lifespan of the landfill site and cost savings, referring to the costs involved for hauling the excess leachate to the Lancaster Treatment Plant during heavy rainfalls; and Councillor Court questioned the area involved for the new cell created for construction and demolition waste, the status of the recycling program and the composting operation. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that Council encourage its representative on the Fundy Region Solid Waste Commission to support the Commission's 2002 operating budget. Discussion ensued during which time Councillor Desmond, Council's representative on the Commission, advised of the Commission's establishment of a requisition system; and Mr. Calvin acknowledged the Commission members present in the Council Chamber, as well as public education staff member Don Shaw. Question being taken, the motion was carried with Councillors Chase and Court noting "nay". On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that Council encourage its representative on the Fundy Region Solid Waste Commission to support the Commission's application to the Municipal Capital Borrowing Board for $2,600,000 for capital expenses for a period not to exceed 10 years, for the provision of Environmental Health Services. Question being taken, the motion was carried with Councillors Chase and Court voting "nay". On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that agenda items 31 and 42 be brought forward for consideration at this time. Question being taken, the motion was carried. 31. Minister Of Environment And Local Government Re Fundy ReQion Solid Waste Commission Consideration was given to a letter from The Honourable Kim Jardine, Minister of Environment and Local Government, acknowledging the Mayor's recent letter concerning the Fundy Region Solid Waste Commission requesting her Department to investigate whether or not it would be appropriate to invoke Section 15.8(1) of the Clean Environment Act and appoint a trustee to operate the Crane Mountain regional sanitary landfill, based on Common Council's belief that members of the community have lost faith and confidence in the Commission rather than as a reaction to the recent budget difficulties; and expressing the understanding that, subsequent to the Mayor's drafting of her letter, most, if not all, of the questions were addressed at an information meeting at 89-69 COMMON COUNCIL MAY 6, 2002 the landfill attended by the Mayor and representatives from other municipalities and local service districts in the Region and the Department, and that the general consensus of those attending the meeting was positive and the concerns expressed have been accommodated. The letter advises of the Commission's implementation of a number of new initiatives, including long-term planning and the establishment of a finance committee; and, with respect to criticism about an apparent lack of communication between the Commission and the municipalities, notes that the first line of communication is the representative each municipality appoints to the Commission and the second line is the minutes of the Commission meetings and, in the latter regard, advises that the Commission admits that occasionally minutes have been late in the past and that every effort will be made in making future minutes available as soon as they have been ratified at the next meeting; also advises that the Department, having empowered the Solid Waste Commission under the Clean Environment Act to address solid waste matters on a regional basis, continues to support that decision; addresses the question in the Mayor's letter as to the success of the leachate treatment system; and indicates the Department's intent to continue to monitor the situation. On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the above matter be referred back to the Mayor to request the Minister to address the issues. Councillor Fitzpatrick expressed the opinion that the Minister did not address all the issues raised in the Mayor's letter, and Councillor Teed made the observation that Council did not ask the Minister to appoint a trustee but rather to investigate the appropriateness of invoking Section 15.8(1) of the Clean Environment Act. Councillor Titus advised that he did not know what another letter to the Minister would accomplish, given that Council in passing the two motions above has already given the Commission a vote of confidence. Question being taken, the motion was lost, a tie vote having been created with Deputy Mayor White, Councillors Chase, Desmond, Teed and Titus voting "nay". 42. H. Sauerteig - Fundy Region Solid Waste Commission's 2002 OperatinQ BudQet & Landfill Operation On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from H. Sauerteig referring to his previous letter regarding the Fundy Region Solid Waste Commission, which Council referred to the Commission on December 3, 2001, as well as the Commission's 2002 operating budget and 2001 financial statements; offering some suggestions where savings could be achieved and setting out questions to the Commission on the operation of the landfill; and submitting copies of correspondence between him and the Commission, be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 19. Clean-up Week Alternatives On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising of staff's follow up with the Fundy Region Solid Waste Commission and internal City staff on the two clean-up week alternatives approved by Council on April 16, 2002, in that the option to have tipping fees paid by the City for citizens delivering eligible bulky items to the landfill themselves is being extended for the week of May 18-25, which is one week earlier than planned at the Commission's request and, with regard to the $40 per pickup pre-paid fee-for-service alternative where citizens can have eligible bulky items picked up by City staff and taken to the landfill for disposal the last week of each month, Corporate Services has set up an account and procedure where citizens can prepay for this service at the cashier's desk at City Hall, with the information then given to Operations staff at Rothesay Avenue who will schedule 89-70 COMMON COUNCIL MAY 6, 2002 pickups for the last week of the month and advise citizens of pickup date, be received and filed. (Councillor Desmond withdrew from the meeting.) Question being taken, the motion was carried. Mayor McAlary asked for a motion on agenda item 31 as the previous motion was lost. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from The Honourable Kim Jardine, Minister of Environment and Local Government, responding to the Mayor's recent letter concerning the Fundy Region Solid Waste Commission, be received and filed. Question being taken, the motion was carried. 20. NB Power Load Forecast HearinQ On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising that there are two parallel reviews in the Public Utilities Board process for the Point Lepreau refurbishment proposal - an update of the load forecast which projects how much power will be needed for the future, and a review of the proposal for refurbishment of the Point Lepreau Nuclear Generating Station, the hearings for the load forecast having been held on April 29 and 30, with the refurbishment hearings to begin on May 27,2002; and also advising that the Public Utilities Board announced its decision on May 2 that it found the load forecast to be reasonable as no evidence of significance was presented to the contrary, and also that staff will continue to monitor the Board and environmental assessment processes and provide further updates to Council, be received and filed. Question being taken, the motion was carried. 21. Assent To Easement 105 Honeysuckle Drive On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John prepare and file an amending subdivision plan for 105 Honeysuckle Drive and Common Council assent to a 7 -metre wide municipal services easement as generally shown on the submitted plan. In response to the Mayor, Mr. Baird advised that the above parcel of land was part of a package of lands advertised for sale by the City. Mayor McAlary advised that, before the property was sold, she would like it to be referred to Committee of the Whole for discussion. A motion was proposed by Councillor Fitzpatrick and seconded by the Deputy Mayor to refer the matter to Committee of the Whole, and the Mayor indicated her intent to first call for the question on the above motion. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that 105 Honeysuckle Drive be removed from the list of lands for sale and the issue be referred to Legal Session. Question being taken, the motion was carried. 89-71 COMMON COUNCIL MAY 6, 2002 22. Lovalist City HeritaQe Festival - Grant Consideration was given to a report from the City Manager further to the February 4, 2002 presentation to Council on behalf of the Loyalist City Heritage Festival. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John grant $1,500 to the Loyalist City Heritage Festival to be held July 14-20, 2002. Question being taken, the motion was carried. 23. Early Possession - Lands Owned By General Realtv Company, Limited, Union Street Read a report from the City Manager advising that, with regard to Common Council resolution of April 22, 2002 authorizing the purchase of land at 335 Union Street to help facilitate intersection improvements at the corner of Crown and Union Streets, early possession of this parcel will allow the City and the contractor to complete the curb and sidewalk work in a timely manner and General Realty Company, Limited has indicated it would grant the City early possession rights conditional upon the City indemnifying and saving it harmless from any and all matters arising out of or in relation to the construction being performed at this parcel; and setting out a recommendation in this regard. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City of Saint John shall indemnify and save harmless General Realty Company, Limited, its employees, officers and agents against all actions, expenses, claims and demands arising from the construction in and on the 64 :t square metre parcel of land at 335 Union Street, as generally shown on the submitted plan. Question being taken, the motion was carried. 24. BuildinQ At 65 Lake Cove Road, Loch Lomond Consideration was given to a report from the City Solicitor advising that, with regard to Common Council resolution of April 2, 2002 authorizing the City Solicitor to explore legal avenues that could lead to the removal of the building at 65 Lake Cove Road, Loch Lomond, the appropriate procedure to follow in order to achieve the removal of the building is that set out in the Community Planning Act under Section 93(1) which provides that, where a development is undertaken in contravention of the Act or of a by- law enacted thereunder, a person duly authorized by Council may issue an order requiring the cessation of the development, the alteration of the development so as to remove the contravention or the doing of anything required to restore the land to its previous condition, and Section 94(1) of the Act further provides that, in the event such an order is not complied with, a person designated by Council may apply to the Court of Queen's Bench for an order of the court; and also advising that an order has been prepared, including supporting documentation, which has now been issued by the Building Inspector requiring the owner, within sixty days of it being served upon him, to demolish the building and remove the debris unless in the meantime he (1) has applied for and obtained a location variance, and (2) has obtained any permit or approval required from the Province of New Brunswick, or (3) has applied for and obtained a building permit and has moved the building to a location that is no longer within 150 metres of the shore of the Loch Lomond Lake and complies with all applicable requirements of the City's Zoning By-law and, if the owner does not comply, then the process of an application to the Court as described herein will be available to the City. 89-72 COMMON COUNCIL MAY 6, 2002 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the above report from the City Solicitor be received and filed. (Councillor Desmond re-entered the meeting.) Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that agenda items 5, 6, 7 and 8, which were tabled at the Council meeting of April 22, 2002, be taken from the table and considered at this time. Question being taken, the motion was carried. 5. Property Tax Assessments Read a letter from Councillor Teed advising that he read with some interest in the local press that, over a 1 O-year period, Moncton and Fredericton had a 29% increase and a 27% increase, respectively, in property assessments in their tax base, while Saint John had an 11 % increase, and also that Fredericton has a larger assessment base than Moncton; asking what the assessment increase base was for Metropolitan Saint John (i.e. the City, Grand Bay-Westfield, Rothesay and Quispamsis), and what assessment increase was new and what was adjusted on old assessments, as well as the breakdown between residential (single house) and commercial. On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the City Manager be requested to take the necessary action to inform Council: (1) what constitutes the increases, old, new and type of new assessments; and (b) what would be the situation if Metropolitan Saint John were considered as one metropolitan area for calculating property assessment increases over the 10-year period. Mr. Beckett advised that representatives from the local branch of the Assessment Office have offered to make a presentation to Council regarding the assessment function in early September 2002. Question being taken, the motion was carried. 6. Cost For Translation Of Bv-Iaws Consideration was given to a letter from Councillor Teed suggesting that, as it appears that shortly all Municipal by-laws must be enacted in both English and French, it could be useful to ascertain the mechanics of translation and the procedures to be followed in enacting new by-laws and amendments, as it would give the City a head start and provide leadership to other municipalities; and proposing a motion that the City Solicitor be requested to investigate and report on the cost and how amendments to future by-laws can be enacted in English and French without having to wait until the entire present set of City by-laws is translated. Councillor Teed expressed the understanding that the above information was being obtained. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above letter be withdrawn. Question being taken, the motion was carried. 89-73 COMMON COUNCIL MAY 6, 2002 7. ParkinQ Meters At Off-Hours Consideration was given to a letter from Councillor Teed expressing the view that one of the City's problems is how to accommodate visitors who come in vehicles and wish to stop for shopping or other business and that, while the real purpose of parking meters as contrasted with parking lots was to ensure vehicle turnover to enable new customers a chance at access, over the years meter fees have become a significant source of revenue as indicated by the lengthening of the time when meters operate and, what was once a one-hour turnover has become in many cases a two-hour turnover defeating the concept of early turnover, and meter hours are often in excess of any actual traffic turnover hour, for example meter fees run from 8:00 to 6:00 p.m. and, as very few vehicles park before 9:00 a.m. and comparatively few stay over after 5:00 p.m., charging of fees during that time has a negative effect; and proposing that the matter of changing the time for meter fees on weekdays from 9:00 a.m. to 5:00 p.m. be forwarded to the Parking Commission and Uptown Saint John for review and recommendation. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above matter be referred to the Saint John Parking Commission for review and recommendation. The initial motion was to refer the matter to the Parking Commission and Uptown John and the mover and seconder agreed to remove the latter from the motion at the request of Councillor Desmond, a member of the Commission. Question being taken, the motion was carried. 8. Dana Crisp's Letter On Police Commission Operation Read a letter from Councillor Teed advising that he read a recent news article that one Dana Crisp had attended a private session with the Police Commission in that it raises two problems, first that Mr. Crisp wrote a letter to Council on January 21, 2002 which has not yet been dealt with by Council, and second the policy respecting a police officer commandeering the services of a civilian in a police matter; commenting further in this regard, his concern being that the Police Commission apparently feels it is quite acceptable for police officers to commandeer individuals and direct them into a situation which could be of danger to the individual; and moving a motion that the letter from Mr. Crisp to Council, dated January 21, 2002, be taken from Committee of the Whole and placed on the next Council agenda for consideration as to its disposition. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above matter be referred to the Saint John Police Commission for a report to Council. Councillor Desmond expressed the view that this was a Police Commission and not a Council matter, and the Mayor, a member of the Saint John Board of Police Commissioners, confirmed Councillor Titus' understanding that the letter in question had already been dealt with, agreeing that this was a Commission, not a Council matter. The Mayor expressed the understanding that the Deputy Police Chief could respond at this time in that the Chairman of the Commission knew that the item was on the Council agenda and had given permission for him to do so. Councillor Fitzpatrick, on a point of order, expressed concern in that the Commission should be the one to report to Council, and Councillor Titus indicated his concern in this regard. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 89-74 COMMON COUNCIL MAY 6, 2002 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Teed regarding Dana Crisp's letter on the operation of the Police Commission, be received and filed. Question being taken, the motion was carried. 9. HarbourPassaQe On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that letter from Councillor Teed suggesting that recent interest in the proposed Harbour Passage has brought into focus the fact that the Harbour Bridge could present an excellent vista of the working port as well as provide a short route to West Saint John and, although it was felt that when the Harbour Bridge was designed there was no need for a pedestrian walkway on it, the demographics of the City have changed, walking has become a form of maintaining good health and tourism with a walk to a unique vista has become a matter of potential economic benefit; and also suggesting that investigation into the feasibility of constructing a pedestrian walkway might be of value to the overall development of the City, be referred to the Harbour Bridge Authority. Councillor Fitzpatrick, a member of the Harbour Bridge Authority, indicated that the Authority has discussed this matter a number of times and would submit a report to Council. Mayor McAlary noted the issue of high winds on the Bridge. Question being taken, the motion was carried with Mayor McAlary voting "nay". 10. SkateboardinQ Facilities On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the letter from Councillor Teed expressing the view that adequate skateboarding facilities were needed in the City which would not constitute danger or annoyance to other members of the public, and proposing that the Recreation & Parks Advisory Board be requested to study and report on the desirability of a skate park and the feasibility of developing such, including how to secure financial support from the community, be referred to the Recreation & Parks Advisory Board. Mayor McAlary suggested that the Board should contact the committee that is already in place on which the Police Department and the Community Health Centre are involved. Question being taken, the motion was carried. 11. Canada StrateQic Infrastructure Fund I Foundation Read a letter from Councillor Teed referring to his proposal to Council on April 16, 2002 that the City take the initiative in making a submission for funding to the newly constituted Canada Strategic Infrastructure Fund and the Mayor's indication at that time that Council had already made a submission for funding, having on March 4, 2002 adopted the City Manager's recommendation to submit funding requests under the proposed Federal Strategic Infrastructure Foundation Program for the City's water service needs and wastewater treatment programs and authorized the Mayor to send a letter in this regard; advising that he felt that Council did not appreciate the fundamental difference between the Fund and the Foundation, the Fund being controlled directly by the elected members of parliament while the Foundation was to be operated as an independent body under a Board of Directors, and it was apparently unknown to the City at the time that there had been a major change in the Federal Program, namely the concept of an independent Foundation administered by a Board of Directors has been 89-75 COMMON COUNCIL MAY 6, 2002 abandoned and instead the Canada Strategic Infrastructure Fund had been established, to be administered by the Deputy Prime Minister of Canada. Councillor Teed proposed a motion that, to ensure that the Mayor's letter was not misunderstood, Council authorize that an appropriate letter be sent to The Honourable John Manley, MP, to clarify that the City is seeking funding from the Fund not the Foundation, and also that staff be requested to review and report on projects which could be within the mandate of the Infrastructure Canada Program as separate from the Canada Strategic Infrastructure Fund and which could form the basis of new applications for funding. The Mayor advised that, before the letter was sent to the Minister, the correction was made to reference the Fund rather than the Foundation. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Teed regarding the above matter, be received and filed. Councillor Desmond expressed the view that Council should make every effort to promote the application approval. Question being taken, the motion was carried with Councillor Desmond voting "nay". 12. International MakinQ Cities Livable Conference On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the letter from Councillor Teed referring to a number of topics dealt with at the recent International Making Cities Livable Conference held in St. Augustine, many of which should be of interest to Saint John, and proposing that the City Manager be requested to inquire and report on the feasibility of acquiring the relevant material presented at the Conference if such is available, be referred to the City Manager. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 13. Pedestrian Cross ManawaQonish RoadlWestQate Area On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from Councillor Titus expressing the understanding that there is a problem for pedestrians crossing in the Manawagonish Road and Westgate area, be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. 14. Milk For Moms Project On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the letter from the Deputy Mayor submitting a letter from the President/Founder of the Milk for Moms project, and recommending that Council give support to this project once again and the matter be referred to the appropriate staff to coordinate the event with the Milk For Moms Committee, be received and filed and the recommendation adopted. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 89-76 COMMON COUNCIL MAY 6, 2002 25. Recreation & Parks Advisory Board Re Seniors ExchanQe ProQram On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from the Recreation & Parks Advisory Board advising that it recognizes the senior exchange programs as a welcome and valuable part of the seniors' population and wishes them to continue, and stressing that these are exchanges with seniors' organizations in other municipalities and not vacation tours, the end result being the hope that seniors from other places will eventually visit Saint John, as has been the case in 2001, be received and filed. Question being taken, the motion was carried. 26. Recreation & Parks Advisory Board Re Traffic At Market Place On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from the Recreation and Parks Advisory Board referring to the City Manager's report to Council on April 8, 2002 on the matter of traffic at Market Place, and advising the Board's concern about the possible outcome of this issue in that, in the Board's opinion, a safety issue exists with children crossing the street to attend the Carleton Community Centre; and asking Council to reconsider the matter of installing safety lights at a crosswalk near the Centre and also if there is a possibility of installing traffic lights timed to work only during certain hours when the Centre is operating so as not to continually interfere with the smooth traffic flow, if that is the issue, be referred to the City Manager. Question being taken, the motion was carried. 27. Saint John Parking Commission - Re Parking Lots Across From Fort Howe, MaQazine Street Read a report from the Saint John Parking Commission advising that the Common Council resolution of July 9, 2001 regarding the rental income received from parking lots across from Fort Howe on the south side of Magazine Street was not formally communicated to the Commission until March 20, 2002, subsequent to which it was reviewed by the Commission; commenting in this regard; and advising that, although the Commission does not propose to increase the fee at this time, the matter could be reviewed in future and administrative fees increased, if appropriate, and the Commission feels that the status quo should remain the same and the current arrangement be continued. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the above report from the Saint John Parking Commission be received and filed. Councillor Teed expressed concern regarding the condition of the Fort Howe Blockhouse and suggested that revenue from the noted parking lots could be used for repairs to it, and Councillor Titus suggested that there could be some merit in pursuing that matter. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that above matter be referred back to the Saint John Parking Commission. Question being taken, the referral motion was carried. 89-77 COMMON COUNCIL MAY 6, 2002 28. Saint John Parking Commission - Residential ParkinQ And Snow Removal Study - Central Peninsula Consideration was given to a report from the Saint John Parking Commission advising that, in response to Arthur Melanson's letter to Council on March 11, 2002 with regard to the Residential Parking and Snow Removal Study for the Central Peninsula, the detailed report and recommendations submitted to Council in January 2002 outlined the proposed process to be followed in order to provide Council with the information required for an informed decision; noting that, as outlined in the process, Mr. Melanson and other Central Peninsula residents will have an opportunity, through a community open house, to review the proposal and provide comments before the final report is presented to Council, and the Commission will ensure that notice for the open house is placed in the local newspaper and notification is mailed to households in the Central Peninsula. The report asks Council to advise Mr. Melanson that the City Works Division of Municipal Operations and the Commission will be allowed the opportunity to complete the parking study process outlined before any decisions are made regarding the Study; and also advises that the Commission's office has already advised Mr. Melanson that it intends to complete the process as outlined in the letter to Common Council and accepted in January and he has also been advised that he will be given the opportunity to voice his concerns regarding any of the recommendations at a public meeting before the final report and recommendations are submitted to Common Council. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from the Saint John Parking Commission in response to Arthur Melanson's letter to Council on March 11, 2002 with regard to the Residential Parking and Snow Removal Study for the Central Peninsula, be received and filed. Question being taken, the motion was carried. 29. Saint John Development Corporation 2001 Financial StatementslAnnual MeetinQ On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from the Saint John Development Corporation advising of its election at the Annual Board of Directors meeting on April 24, 2002 of the following Directors as Officers of the Corporation: William 1. Grant, Chairman, John Wallace, Vice Chairman, and Stephen Clarke, Secretary/Treasurer; and submitting the 2001 Audited Financial Statements for the Corporation and for the Market Square Parking Garage as accepted by the Board of Directors, be received and filed. Question being taken, the motion was carried. 30. Saint John Harbour Bridge Authority BudQet For Year EndinQ March 31, 2003 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31, 2003 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. 89-78 COMMON COUNCIL MAY 6, 2002 32. Saint John Board Of Trade - Coach Tours For Seniors On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Trade expressing concern with Council's recent approval of Recreation and Parks sponsored coach tours for City seniors as it seems to be in direct, subsidized competition with local tour companies and travel agencies; expressing the belief that the City should focus its limited resources on delivery of core municipal services rather than creating subsidized competition to efficient local business, and urging Common Council to reconsider its decision on this matter, be received and filed. Question being taken, the motion was carried. 34. Harold E. WriQht - KinQ Street Sidewalk CoverinQ On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Harold E. Wright referring to Councillor Teed's suggestion to Council at the April 16, 2002 meeting that brick pavers on King Street should be replaced with more historically accurate cobblestones in that, after twenty years plus of researching and studying Saint John's past, he has not found one documentary reference or viewed a photograph showing the use of cobblestones on any Saint John street or sidewalk; advising that, while Saint John used granite paving blocks as indicated in the submitted photos of their quarrying and use on King and Mill Streets, he also found documents relating to the laying of wood planks and wood paving blocks as sidewalk surfaces; and expressing the view that, to be historically accurate, paving blocks should not be introduced as a sidewalk covering in that the City's streets were either dirt or covered with wood planks or paving blocks and, as these were inadequate coverings, they were in due course replaced with asphalt, be received and filed. Question being taken, the motion was carried. 35. BMO Nesbitt Burns Saint John Jazz & Blues Festival - Request For Financial Assistance On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that, with regard to the letter from the BMO Nesbitt Burns Saint John Jazz and Blues Festival requesting financial assistance for the 2002 Festival scheduled for July 11-13, a grant in the amount of $3,000 be approved. Question being taken, the motion was carried. 36. 2002 Canadian Fencing Championships Request For Support For June Event On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from the 2002 National Fencing Championships to be held in Saint John from May 29 to June 2, advising of the Fencing Nationals - Youth Enrichment project, and requesting the City to host a luncheon and to sponsor an amount of $736 to help offset the cost of gifts for the key volunteers, be referred to Mayor McAlary. The Mayor, in requesting that the above letter be referred to her, noted the two requests made by the group. Question being taken, the motion was carried. 89-79 COMMON COUNCIL MAY 6, 2002 37(a) Canadian Citizenship Federation, (b) New Brunswick Multicultural Council - 217 Anniversary Of City On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from (a) the Canadian Citizenship Federation and (b) the New Brunswick Multicultural Council, congratulating Common Council on the occasion of the 217th anniversary of the incorporation of the City of Saint John, be received and filed. Question being taken, the motion was carried. 40. John Campbell - Re-ZoninQ Of 165 Union Street On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the application of John Campbell for the re-zoning of property located at 165 Union 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, June 10,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 41. F. Wayne Jones - Previous Letter Re Crosswalk On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from F. Wayne Jones regarding Council's March 4, 2002 referral to the City Manager of his previous letter regarding the pedestrian crosswalk lights on the corner of Metcalf Street and Lansdowne Avenue and the corner of Main Street and Chesley Drive, and asking Council to expedite matters for him and to have something done with this concern, be referred to the City Manager for a report to Council as soon as possible. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Assistant Common Clerk