Loading...
2002-05-27_Minutes 89-115 COMMON COUNCIL MAY 27,2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh 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, Titus and Trites - and - Messrs. 1. Totten, City Manager; B. Cullinan, Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; W. Edwards, Commissioner of Buildings and Inspection Services; R. Pollock, Planner; C. Campbell, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Bob Freill of the Roman Catholic Diocese of Saint John, offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meeting of Common Council, held on Tuesday, May 21, 2002, be approved. Question being taken, the motion was carried. The Mayor asked for consideration at this time of agenda item 6. 6. Proclamation I Environment Awards Presentation Mayor McAlary proclaimed June 2 to 8, 2002 as Environment Week in the City of Saint John and welcomed to the meeting Terry Gray, Chairman of the City of Saint John Environment Committee, who recognized the presence of Committee members Maureen Fuller and Don Shaw, as well as Councillor Chase, and noted that Environment Week was held the first week of June every year to coincide with World Environment Day, which was proclaimed by the United Nations in 1972 and celebrated on June 5, with Clean Air Day being June 6. Mr. Gray announced the winners of the Annual Environment Awards in the individual and business categories, respectively, as follows: Joan LeGassie, in recognition of her dedicated focus on keeping the City streets free of debris, being an ardent supporter of composting and recycling and very active in her own anti-littering campaign; and Sobeys Inc., in recognition of its dedication to reducing, reusing, recycling and composting, with six stores in the Greater Saint John area focusing on reducing their reliance on the Crane Mountain landfill and using their composting facility to the maximum and for its environmental initiatives in reducing costs and emissions related to its heating and ventilation program. Councillor Court announced the winner of the group category, being the 24th Saint John Girl Guides, in recognition of their effort in "The Yellow Fish Storm Drain Marketing Program", for painting yellow fish symbols beside storm sewer drains as a reminder that unwanted household products, such as paint, paint thinner, antifreeze and other common chemicals, should not be dumped down these curbside drains and also for leaving information at each home along their assigned route, and advised of his participation in this project. Mayor McAlary presented the awards, congratulating the recipients, and subsequently expressing appreciation to the members of the Environment Committee for their work on behalf of the City of Saint John. 89-116 COMMON COUNCIL MAY 27,2002 3(a) Zoning By-law Amendment To Re-Zone 231-233 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 231-233 Golden Grove Road (NBGIC Number 311597), having an area of approximately 1,000 square metres, from "RS-2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification, to recognize the existing use of the building on the property as a three-family dwelling, as requested by Wilson and Jeanette Dobbin, and 3{c) written objections were received in this regard from Beverley James and Allan Mackinnon. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters expressing concerns with respect to the proposed re-zoning, considered at the Committee's May 22, 2002 meeting at which Wilson Dobbin, the applicant, expressed agreement with the staff recommendation and indicated that the three-family dwelling has existed for many years and it only came to light that it was not zoned properly when a prospective purchaser obtained an appraisal report, and Allan MacKinnon expressed concerns about the lack of a level rear yard for children to play and potential problems if the dwelling was not owner-occupied, and that it might set a precedent for other properties in the area to be re-zoned and lead to lower property values in the area; and recommending that Common Council re-zone a parcel of land located at 231-233 Golden Grove Road (PID Number 311597), having an area of approximately 1,000 square metres, from "RS-2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the property is limited to a dwelling containing a maximum of three dwelling units, and (b) the proponent must obtain a building permit for the three-unit dwelling and must complete any work required to conform to the National Building Code no later than November 30, 2002. Allan MacKinnon of 243 Golden Grove Road spoke in opposition on the basis that re-zoning of the property could set a precedent for this particular residential area, as well as a concern about the building not being owner-occupied; and suggested that, rather than re-zone the property to "R-4" with a Section 39 condition limiting its use to a dwelling with a maximum of three dwelling units, the property could be left as "R-2" with the same limitation. Beverley James of 245 Golden Grove Road, appearing in opposition to the proposed re-zoning, advised that her presence was to reinforce what Mr. MacKinnon said, not having a problem with the existing property which is well kept and well maintained; however, her concern was that the vacant lot beside her property was for sale and would have the potential, if the subject property is re-zoned, for a three- or four- apartment building to be put there. Wilson Dobbin, owner of the subject property, addressed Council in support of his application, and advised that the property has been three-family for probably about forty years, having been so when he purchased it about twenty-seven years ago as well as when the previous owner had it, and somehow it did not get re- zoned, nor did it come up when he bought the property; however, when he put it up for sale, the appraiser for the prospective purchaser noted that the property was not properly zoned. Mr. Dobbin also advised that nothing would change for the property in that it would not be a prudent investment to do anything other than continue it as a three- family apartment building and, with regard to a precedent, expressed the understanding that each property, to be re-zoned, had to stand on its own; and, in noting other apartment buildings in the area, indicated that he wanted to get the property re-zoned so that he could sell it. Mr. Pollock, in response to Mr. MacKinnon's suggestion that the property could remain "R-2" with a condition limiting the use to a three-dwelling unit, advised that the difficulty with that was that the existing zoning did not permit a three-family dwelling and, in order to recognize that, it would need to be placed in a zone that actually permitted that use, and also that, if the property were not re-zoned, there would not be an opportunity to impose Section 39 conditions. 89-117 COMMON COUNCIL MAY 27,2002 On motion of Councillor Trites Seconded by Councillor Teed RESOLVED that the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 231-233 Golden Grove Road (PID Number 311597), having an area of approximately 1,000 square metres, from "RS- 2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Councillor Fitzpatrick asked if the property could be a non-conforming use and remain three-family, and Mr. Pollock advised that, although staff investigated that in order to avoid the need for re-zoning, it could not be conclusively determined or certified to the owners that it is indeed non-conforming and, although the owners were in fact able to indicate that it has been a three-family at least forty years which would take it back to the early 1960s, the City's zoning records for that area go back to the 1940s and at no time since then has anything more than a two-family zoning been permitted; and added that, if it could be established that it was a non-conforming use, the re-zoning would not be necessary, although a financial institution might not be satisfied with anything less than a re-zoning. Councillor Fitzpatrick asked if the owners could be required to take out the third unit because it was not zoned for that purpose, and Mr. Cullinan advised that the court would have to establish that, in fact, it was a three-family use at the time in that the court would recognize legal uses, and referenced Mr. Pollock's indication that only a two-family use has been permitted back to the 1940s. Councillor Fitzpatrick, noting that it might be possible to check building permits with respect to the use, suggested that the matter could be tabled until this was determined. Councillor Titus asked if the property was billed for water and sewerage services as a three-family unit, to which Mr. Pollock replied in the affirmative. Councillor Trites suggested that checking the Saint John Energy and Water and Sewerage Utility records to find out when the services were separated might be means of going back even further and asked, if first and second readings were given at this meeting, staff to look at that to see whether it was back in the 1940s in which case non-conforming use could be brought in prior to third reading. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 231-233 Golden Grove Road (PID Number 311597), having an area of approximately 1,000 square metres, from "RS- 2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 89-118 COMMON COUNCIL MAY 27,2002 4. Preservation Areas By-law Amendment To Remove Reference To BuildinQ Act 1925 The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Preservation Areas By-law to repeal and substitute Section 17, to remove the reference to the "Saint John Building Act, 1925" as the City presently uses "A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John" to cause the demolition of dangerous buildings, and no written objections were received in this regard. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law", by repealing Section 17 and substituting the following: 17. Nothing in this by-law shall be construed so as to affect the demolition of any building that Common Council has found, under the by-law entitled 'A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John', to be dangerous", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law". On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law", by repealing Section 17 and substituting the following: 17. Nothing in this by-law shall be construed so as to affect the demolition of any building that Common Council has found, under the by-law entitled 'A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John', to be dangerous", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law". 5. Municipal Plan Amendment 257 -259 carmarthen Street/79 Broad Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-C a parcel of land with an area of approximately 790 square meters, located at 257-259 Carmarthen Street/79 Broad Street (PID Numbers 703 and 711), from Medium Density Residential to Approved Commercial Development classification, to permit re-zoning of the site from "RM-IF" Multiple Residentiallnfill to "B- 2" General Business classification, in order to permit a restaurant with a dining room liquor licence under the Liquor Control Act, as requested by 059314 N.B. Ltd. (John Hosford). The Mayor asked that agenda item 18 be brought forward as there were a number of people present in the Council Chamber in this regard. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that agenda item 18 be brought forward for consideration at this time. Question being taken, the motion was carried. 18. Re-ZoninQ Of 475 Latimore Lake Road Read a report from the City Manager referring to the April 15, 2002 public hearing with respect to the application of Fundy Bay Sand and Gravel Inc. for the re- 89-119 COMMON COUNCIL MAY 27,2002 zoning of property at 475 Latimore Lake Road, Council having tabled the application and directed City staff to facilitate discussions between representatives of the residents opposed to the application and the applicant; and advising that a series of meetings and discussions with the parties have taken place since the application was tabled and the representatives of each of the parties made a concerted effort to resolve their differences; however, a mutually satisfactory solution could not be identified. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council take from the table at the next scheduled meeting the re-zoning application of Fundy Bay Sand and Gravel Inc. and proceed with the next step(s) in the re-zoning process. Councillor Fitzpatrick asked if a report would be forthcoming at the next meeting in the above regard, and Mr. Totten advised that Mr. Woods, prior to meeting with the residents and with the operator on four separate occasions over the past few weeks, had the parties agree to a confidentiality agreement with regard to their discussions, and the above report was to advise Council that staff was unable to find a solution between the parties; and also advised that, while as part of the decision-making process at the next meeting questions could probably be asked, at this time staff thought it appropriate in respect to the residents and the operator in the event that something might change between now and the next meeting; so, that was why Council did not have a report and it would not necessarily be staff's intention to have anything other than what Council has already been given in terms of planning issues; and added that this was strictly to respect the confidence given to staff by the residents and the operator. Councillor Trites expressed the view that, as Councillors had a letter from the Latimore Lake and Area Residents Association summarizing its views of what took place at the meetings, it would be appropriate for Council to have a report from Mr. Woods in terms of his interpretation of it as well prior to the next meeting. Question being taken, the motion was carried. 7. Mavors' Memorial Tree Grove On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Teed advising that the Mayors' Memorial Tree Grove (initially accepted as a Bicentennial project in 1999) has been commenced with the planting of six trees on May 18, 2002, each sponsored by an organization or individual other than the Mayor for whom the tree was planted; also advising that the Grove is in King's Square West and there are presently 59 Mayors left to be recognized; and submitting a list of Mayors now recognized and their sponsor, be received and filed. Question being taken, the motion was carried. 8. Resolutions For Cities Of New Brunswick Association Consideration was given to a letter from Councillor Teed advising that, as there are many problems facing cities, he feels that the City of Saint John should show leadership dealing with topics which can affect all municipalities and are of increasing importance to urban government; and proposing that the submitted resolutions, if acceptable in principle, be forwarded to the Cities of New Brunswick Association to be dealt with at the forthcoming conference in June, such resolutions concerning (1) fees for special service, (2) motorized wheelchairs, (3) public transportation costs, (4) garbage rule observance by tenant, and (5) loss of revenue through charitable exemption. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the following resolutions be forwarded to the Cities of New Brunswick Association for consideration: 89-120 COMMON COUNCIL MAY 27,2002 1. WHEREAS there is uncertainty as to the right of municipalities to charge fees for services provided by municipal employees performing ancillary to their normal employment; AND WHEREAS such services as jaws of life, water rescue, and oil spill cleanup could be the subject of special charges relieving municipalities of the burdensome cost of such: RESOLVED that the Province be requested to clarify the Municipalities Act to enable municipalities to charge for ancillary services which may be performed by municipal employees outside their normal type of employment. 2. WHEREAS there is an increasing number of motorized wheelchairs or similar forms of conveyance for persons suffering certain physical disabilities; AND WHEREAS there appears to be a lack of knowledge of any rules or regulations respecting the use of such conveyance on streets, sidewalks and in the interior of buildings and malls as to right-of-way or usage which can result in dangerous situations for both the operator and pedestrians: RESOLVED that the Government be requested to take action to relate the appropriate use of such form of conveyance to pedestrians and other forms of vehicular traffic. 3. WHEREAS public transportation is of growing need in urban centres; AND WHEREAS public transportation is environmentally helpful in reducing the volume of greenhouse gasses caused by the proliferation of automobiles in urban centres; AND WHEREAS public transportation services are a burdensome expense to municipalities; AND WHEREAS the Provincial taxes on the fuel used by public transportation are excessive: RESOLVED that the Provincial Government be requested to take the necessary action to rebate or reduce the tax imposed on the fuel used by municipal public transportation vehicles. 4. WHEREAS modern residential garbage removal is based on encouraging composting and recycling of refuse to the greatest extent possible; AND WHEREAS landlord of smaller residential tenancy buildings sometimes have difficulty in getting tenants to abide by a municipal garbage by-law relating to separation and recycling of household garbage; AND WHEREAS the Province has established provisions in the Residential Tenancy Act regulating the relationship between landlords and tenants; AND WHEREAS it could be useful to have provisions respecting tenants adhering to garbage disposal as a provision in the Tenancy Regulations: RESOLVED that the Province of New Brunswick be requested to add to the provisions related to the Residential Tenancy Act a new provision respecting the duty of a tenant to observe the requirements of any municipal garbage removal by-law which a municipality may enact. 5. WHEREAS charities which are the owners of real estate are urging municipal taxes be deleted or reduced with respect to their building; AND WHEREAS such charities require the provision of basic municipal services of police, fire and streets and benefit from such; AND WHEREAS such deletion or reductions by the Province impose an involuntary burden of providing services at the expense of other taxpayers; 89-121 COMMON COUNCIL MAY 27,2002 AND WHEREAS charities which rent premises but do not own property are prejudiced in that the full tax burden on the property is paid through the rent in contrast to those which own property but are relieved of municipal taxes in whole or in part: RESOLVED that the Provincial Government be urged to view with care any proposals for deleting or reducing municipal taxes which may be imposed on property owned by charitable institutions bearing in mind municipalities will suffer from loss of tax revenue, a loss over which they have no say or control. Question being taken, the motion was carried. 9. Previous Letter Re Proposal To Reduce Size Of Council Read a letter from Councillor Titus advising that he would like to make a motion to take from the table his letter to Council on January 7, 2002 proposing to reduce the size of the next Council to reflect a more modern, efficient and cost-effective civic government. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above letter be taken from the table. Question being taken, the motion was carried. Councillor Titus read the above-mentioned letter which suggested that, as there have been significant changes in the City (social, economic, population, etc.) since the enactment of the by-law relating to the election of Common Council, it is appropriate at this time to review the number of councillors required to set policy and set the future for the City, and also that the recent budget and direction to reduce would seem to apply equally to the size/cost of Council operations, and advised his intent to propose a motion to reduce the size of the next Council to reflect a more modern, efficient and cost- effective civic government. Councillor Titus related information which, he advised, was based on his research back to when this issue was discussed shortly after amalgamation and recommended the size of the Council for the City at that time as eight, with the objective being to establish a policy with respect to City matters and ensure that the policy was conducted in an effective and efficient manner, the history of the City having been that the larger the Council the greater the tendency to work with Council committees and the greater use of Council committees the greater the danger of Council dealing with administration and not with policy; and expressed the view that, as the population has decreased since that time, the number of Councillors in relation to the population should be looked at and the number decreased. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager with the request that he or his designate prepare a position paper after researching FCM documentation and so on for other cities of similar size. Councillor Desmond expressed the view that reducing the size of Council would not be a problem but rather that the problem was to get it divided up so that the whole City would have proper representation, and that would mean going to a ward system to get even representation throughout the City. Question being taken, the motion was carried with Councillor Desmond voting "nay". 10. Residencv Of City Emplovees On motion of Councillor Titus Seconded by Councillor Chase RESOLVED that the letter from Councillor Titus advising his intent, considering last year's budget deliberations and reference to 89-122 COMMON COUNCIL MAY 27,2002 the number of City employees not living in the City and considering this year's budget deliberations and reference to growth (population and tax base), to direct staff to develop a program (including incentives) to attract/encourage employees to move into the City, be referred to the City Manager. Councillor Fitzgerald advised that he agreed with the main thrust of encouraging people who work for the City to live in the City but was not prepared to give them a financial incentive to do that, and suggested that it should be a requirement of employment that City employees live in the City. Councillor Ball expressed concern about spending taxpayers' money to entice City employees to live in the City, and the Mayor advised that she could not support an incentive for employees to move back into the City. Following Councillor Titus' comments, having indicated that he would close the debate as mover of the motion, the Mayor advised that she was closing the debate, whereupon Councillor Fitzpatrick, on a point of order, advised that he did not know what rules Council was following with respect to Councillor Titus' closing the debate. The Mayor, in noting that she was fair to the Council members in letting them speak on every item on which they wish to speak at every meeting and sometimes two or three or four or five times, expressed the view that this was a simple issue for the amount of time taken up for it, and suggested that there would have to be a meeting right away to see if some of these issues could be agreed on. Question being taken, the motion was lost with the Mayor, the Deputy Mayor and Councillors Ball, Court, Fitzgerald and Trites voting "nay". 11. Lack Of Visible Clock In Council Chamber Read a letter from Councillor Teed advising that it has come to his attention that there is no visible clock in the Council Chamber and suggesting that a time piece, which is visible to both Councillors and those seated in the Chamber, could be of benefit to all and, as he recognized that the cost of such might mean a delay in it being provided, a public appeal might produce one or more persons or organizations which could result in an attractive and effective time piece in the Council Chamber. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried with Councillor Desmond voting "nay". 12. FundinQ For ReQional Commissions Consideration was given to a letter from Councillor Chase advising that, as at present funding for regional commissions is based on tax base, he believes that this puts Saint John in an inequitable position because Saint John has a large industrial base and, particularly in the case of the Regional Facilities Commission which supports facilities used by citizens (as opposed to large mills), the funding would be more equitable if it were based on population or residential tax base; also advising that preliminary analysis by staff suggests that the City's share of funding would decrease by $100,000 if this means for calculating the formula were used; expressing the understanding that the formula is legislated by the Provincial Government, therefore an appeal would have to be made to the Province if Council were to pursue this and, as the Province would likely look for regional support on this before implementing it, dialogue with the surrounding communities would be necessary; and proposing that staff prepare a report for Council's consideration, if Council is interested in examining this further. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the above matter be referred to the Mayor's Task Force on New Ways of Doing Business. Question being taken, the motion was carried. 89-123 COMMON COUNCIL MAY 27,2002 13. Representation On Fundv Trail Parkway Authoritv Read a letter from Councillor Teed advising that the Fundy Trail Parkway Authority is considering making changes to its structure by including directors appointed by the City of Saint John and Moncton, and proposing that Council invite John Balcomb, President of the Authority, to a meeting with Council in order to ascertain how a representative from Saint John appointed by Council might be of value to the Parkway, the City and the Province. The Mayor advised that, while she did not bring this to Council, Mr. Balcomb advised some time ago that the City would have a representative on the Authority and, at the appropriate time, a letter would be sent to Council in this regard. The inadvertent reference in the above letter to John, rather than Jim, Balcomb, was noted. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried. 14. Federal Green Municipal Fund Consideration was given to a letter from Councillor Teed advising that, to date, Federal funding has been provided for 152 municipal projects through the Federal Green Municipal Fund respecting energy efficiency and protection of the environment, and suggesting that, if Saint John did not already have a list of these projects, it could be of assistance to obtain it; and proposing that the City Manager be requested to obtain and report to Council what the 152 projects are and make any recommendation on how funding from the Fund might be obtained for the benefit of the City. The Mayor noted that the City had already received $20,000 in funding from the Green Fund for an energy study, and Councillor Teed suggested that staff should look through the list of municipal projects to see if there is anything else for which the City might also apply. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 15. Financial Position Of Saint John Police Force Read a letter from Councillor Teed referring to the publicity on the promotion of a number of the members of the Saint John Police Force in that it was contrary to the recommendation of maintaining only five ranks and further would add an extra cost of $120,000 to the Police Department operations, a cost which he would suggest is absolutely unnecessary; suggesting that one may well have to consider if it appears that the Board is unfortunately unable to control operations within the Police Department and possibly it has served its usefulness and also that the City cannot operate with threats from a Police Commission or some of its members that Council must supply such monies as they feel appropriate, and that recent incidents would indicate that inquiries from Council have not been properly or fully answered which again raises questions as to what is wrong; and proposing that, in order for Council to be better appraised of the financial position in this trying year, the Board of Police Commissioners be requested to provide quarterly financial statements showing the current financial position of the Police Force as compared with its budget, the first report to cover the period January 1 - March 31, 2002. 89-124 COMMON COUNCIL MAY 27,2002 Councillor Teed proposed the motion as set out in the above letter, whereupon the Mayor, a member of the Saint John Board of Police Commissioners, noted the Board's submission to Council a few weeks ago of its financial statements. Councillor Teed noted that the Board submitted its annual report for last year, and his request was for a quarterly report. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above letter from Councillor Teed be received and filed. Councillor Court, a member of the Board of Police Commissioners, advised his concern about the tone of the above letter. (Councillor Fitzpatrick re-entered and Councillor Titus withdrew from the meeting.) On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the above letter from Councillor Teed be referred to the Saint John Board of Police Commissioners for a response to Council at its June 10, 2002 meeting. Question being taken, the referral motion was lost with the Mayor and Councillors Ball, Chase, Desmond, Fitzgerald and Teed voting "nay". 16. Use Of Jaws Of Life Equipment And Fee For Use Read a letter from Councillor Teed advising that he recently learned that the Rothesay Regional Fire Department has a $250 extraction fee for use of the jaws of life equipment in relation to automobile accidents, which demonstrates a policy of endeavouring to charge the individual for extraordinary services, a policy which Council is endeavouring to pursue in view of the forthcoming financial crunch; and proposing that (1) the question of how many times the jaws of life has been used during the past 5 years by the Saint John Fire Department be referred to the Fire Chief for a report; (2) the question of how a reasonable fee could be charged for this use be referred to the City Manager for a report; and (3) the question of what would be required for Council to adopt such a policy bearing in mind the equipment is technically outside fire prevention and in view of outside the policy of adjacent municipalities be referred to the City Solicitor for a report. (Councillor Court withdrew from the meeting.) On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Councillor Teed be referred to the City Manager and the City Solicitor for a report. Question being taken, the motion was carried with Councillor Trites voting "nay". 17. Design And Construction Management Sanitary Collector Sewer And Watermain On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the proposal of ADI Limited be accepted for engineering services (design and construction management) for the Taylor Avenue/MacLaren Boulevard/Sandy Point Road area sanitary collector sewer and watermain. Question being taken, the motion was carried. 89-125 COMMON COUNCIL MAY 27,2002 (Councillor Trites withdrew from the meeting as he was not present for the May 21, 2002 public hearing for the proposed re-zoning of properties along Hillcrest Road.) 19. Zoning By-law Amendment To Re-Zone Properties AlonQ Hillcrest Road On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located along Hillcrest Road, having a range of civic numbers between 234 to 1001 inclusive, from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "RS-1" One and Two Family Suburban Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located along Hillcrest Road, having a range of civic numbers between 234 to 1001 inclusive, from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "RS-1" One and Two Family Suburban Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John". (Councillor Court re-entered the meeting.) 20. PlanninQ Advisorv Committee - 30 RidinQ Way On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative subdivision plan for any necessary municipal or public utility easements over the property at 30 Riding Way, and (2) accept cash-in-lieu of Land for Public Purposes for this subdivision. Question being taken, the motion was carried. 21. Saint John Harbour Bridge Authority Issue Of Pedestrian Walkwav On BridQe On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from Jack Keir, General Manager of the Saint John Harbour Bridge Authority, acknowledging the Council resolution of May 6, 2002 with respect to the issue of a pedestrian walkway on the Bridge; and advising that the issue was discussed at the Board's May 21,2002 meeting at which time he was requested to contact the engineering firm for further discussion, and Council would be informed of the options after consultations with Fenco Engineering, be received and filed. 89-126 COMMON COUNCIL MAY 27,2002 Question being taken, the motion was carried. Adjournment The Mayor noted that, as Council was now commencing its summer bi- weekly schedule of meetings, the next regular meeting would be held on June 10, 2002, and declared the meeting adjourned. Common Clerk