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2002-07-22_Minutes 89-185 COMMON COUNCIL JULY 22, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of July AD. 2002, at 5:30 o'clock p.m. present Shirley McAlary, Mayor 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; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; E. Giffin, Senior Project Engineer, Municipal Operations; D. Logan, Purchasing Agent; B. Cormier, Cultural Affairs Officer; 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 offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the minutes of the meeting of Common Council, held on July 8, 2002, be approved. Question being taken, the motion was carried. 3. Approval Of AQenda On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the agenda for this meeting be approved. Question being taken, the motion was carried. 4. Labour Costs On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that agenda item 4, being a letter from Mayor McAlary regarding labour costs, be referred to Committee of the Whole for discussion. Question being taken, the motion was carried. 5. Tender For Contract 2002-11 Consideration was given to a report from the City Manager regarding the tender for Contract 2002-11, High Ridge Road - First Avenue water and sewer construction (which was referred to Legal Session by Council on June 24, 2002), four tenders having been received which, with the exception of those from Nautilus Construction & Rentals Ltd. and Dean Construction Ltd., staff found to be formal; explaining why, in staff's opinion, Nautilus' bid and Dean's bid should be rejected; and recommending that Contract 2002-11, High Ridge Road - First Avenue water and sewer construction, be awarded to Maguire Excavating Ltd., at the tendered price of 89-186 COMMON COUNCIL JULY 22, 2002 $431,698.50 as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. 25. Contract 2002-11 Consideration was also given to a report from the City Solicitor advising, in the event Common Council accepts the recommendation of the City Manager respecting the tender for Contract 2002-11, the text of the appropriate resolutions. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the following resolutions be adopted, namely: 1. RESOLVED that the tender of Dean Construction be rejected on the basis of the Company's failing to provide the required information respecting its experience, which information is critically important in assessing the Company's bid. 2. RESOLVED that the tender of Nautilus Construction be rejected on the basis of the Company's failing to bid Item B-7 - (Closed Circuit TV Video Inspection). 3. RESOLVED that Contract No. 2002-11: High Ridge Road - First Avenue - Water and Sewer Construction, be awarded to Maguire Excavating Ltd., at their tender price of $431 ,698.50 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Titus noted that the motion proposed was in accordance with the wording set out in the above report from the City Solicitor. Councillor Teed advised why he could not support the motion at this time, and suggested that, as it appeared that the tendering procedure stipulated by the City was not followed, Council should reject all tenders, call for new tenders and try to follow the procedure. Councillor Chase expressed the view that it might be in Council's best interest to table the present item for the moment, bring forward item 45 and hear from Mr. Horgan, the attorney for Dean Construction, and then take the motion from the table. On motion of Councillor Chase Seconded by Councillor Teed RESOLVED that the above motion be laid on the table until Council deals with agenda item 45. Question being taken, the tabling motion was lost, a tie vote having been created with the Mayor and Councillors Fitzgerald, Fitzpatrick, Titus and Trites voting "nay". The Mayor noted that the Council members were given the opportunity to ask questions of the City Manager and the City Solicitor in the above regard in Legal Session two weeks ago and the matter was fully discussed at that time. Question being taken, the original motion was lost, a tie vote having been created with the Mayor and Councillors Court, Fitzgerald, Fitzpatrick and Trites voting "nay". Councillor Court proposed a motion that the tendering process be reviewed whereupon the Mayor noted the need to deal with the issue at hand with a motion Councillor Teed proposed a motion, which was not seconded, to reject all tenders and call for new tenders. On motion of Councillor Desmond Seconded by Councillor Teed RESOLVED that Contract 2002-11, High Ridge Road - First Avenue water and sewer construction, be awarded to the low tenderer, Dean Construction Ltd. 89-187 COMMON COUNCIL JULY 22, 2002 Councillor Trites advised that he was not comfortable with outright awarding, over the objections of staff, the tender to the low bidder or the second low bidder at this time, and suggested that Council should take a week or two to review the situation and ask staff to come in with the rationale for the requirements that are part of the City's policy and any suggestions as to what changes could be made in order to open the policy a little further so as to encourage others to bid, and the appropriate thing for Council to do at this time would be to refer the matter back to staff for a report basically on where Council should go from here, taking into consideration the request for a review of the tender requirements. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above matter be referred back to the City Manager and the City Solicitor. Councillor Chase advised that he would not support the referral motion because he believed that Council had all the information it needed regarding the contract and should go ahead with it at this meeting. Question being taken, the referral motion was carried with Councillor Chase voting "nay". 45. Solicitor For Dean Construction Ltd. Request To Make Presentation To Council Consideration was also given to a letter from Stephen F. Horgan of the Whelly & Kelly Law Office, solicitor for Dean Construction Ltd., acknowledging receipt of the letter from the Common Clerk with respect to Common Council resolution of July 8, 2002, and advising that Dean Construction requests that it be permitted to make representations to the Mayor and Council in open session pursuant to the tendering procedures with respect to Contract 2002-11, High Ridge Road - First Avenue. Councillor Titus proposed a motion to receive and file agenda item 45. On motion of Councillor Chase Seconded by Councillor Fitzgerald RESOLVED that Stephen F. Horgan of Whelly & Kelly Law Office, solicitor for Dean Construction Ltd., be invited to address Council at this time. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Stephen F. Horgan of Whelly & Kelly Law Office, solicitor for Dean Construction Ltd., regarding Contract 2002-11, be referred with agenda items 5 and 25 to the City Manager and the City Solicitor. Question being taken, the referral motion was carried with Councillors Chase and Fitzgerald voting "nay". 6. Tender For Contract 2002-22 Consideration was given to a report from the City Manager regarding the tender for Contract 2002-22, Olive Street water and sewer renewal (which was referred to Legal Session by Council on June 24, 2002), three tenders having been received which, with the exception of the tender from Terraex Inc., staff found to be formal; explaining why, in staff's opinion, the tender from Terraex Inc. should be rejected and the contract awarded to the second lowest tenderer; and recommending that Contract 2002- 22, Olive Street water and sewer renewal, be awarded to Nautilus Construction & Rentals Ltd., at the tendered price of $225,796.80 as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. 89-188 COMMON COUNCIL JULY 22, 2002 On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the above matter be laid on the table for two weeks. Councillor Titus proposed the tabling motion on the basis that the lowest tender was not being recommended. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". 7. Tender For Vacuum Trucks Councillor Titus proposed a motion, which was not seconded, to table agenda item 7 on the award of the tender for vacuum trucks. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender for the establishment of a two-year supply agreement for vacuum trucks be awarded as follows: (1) items 1,2 and 6 to the low bidder, Plaggenborgs Ltd., as indicated in the submitted summary, and (2) items 3,4 and 5 to the low bidder to meet the requirements for these items, Melanson's Waste Management Ltd., as indicated in the submitted summary. Question being taken, the motion was carried with Councillors Fitzgerald and Titus voting "nay". 8. Tender For Various Chemicals On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that agenda item 8 - the City Manager's report on the tender for various chemicals, be laid on the table. The Mayor asked the reason for tabling the matter to which Councillor Titus advised that it was for the same reason that Council referred agenda item 5 in that the whole tendering system was being questioned. Question being taken, the tabling motion was lost with the Mayor and Councillors Ball, Chase, Court, Fitzpatrick, Teed and Trites voting "nay". On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for various chemicals used to treat the City's water supply be awarded to the lowest bidder in each case, as follows: sodium hypochlorite to Alpha Chemicals, hydrofluosilicic acid to Min- Chem Inc. and liquid chlorine to Brenntag Canada Inc. Councillor Chase questioned the status of an anticipated report from the committee authorized well over a year ago by Council on the issue of fluoridation in that Council was now dealing with chemicals to treat the City's water supply, and Mr. Totten indicated that he would submit a report at the next meeting as to where that committee stands; and, on the issue of tenders, cautioned Council that there were two types of tenders, one being for construction contracts with pre-requirements for experience in the particular type of work over the last two or three years to which contractors were expected to respond, the other being for goods and services for which the terminology in the tender documents is not the same as a construction document, thus in terms of the mindset of tabling everything, he would ask Council to draw attention to whether it was a construction contract or a tender for goods and supplies. Question being taken, the motion was carried with Councillors Chase, Fitzgerald and Titus voting "nay". 89-189 COMMON COUNCIL JULY 22, 2002 9. Tender For IBM AS400 Computer On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that agenda item 9 - the City Manager's report on the tender for an IBM AS400 computer, be laid on the table. Question being taken, the tabling motion was lost, with the Mayor and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Teed and Trites voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Anisoft Group Inc., in the amount of $148,617.00 plus installation at $100.00 per hour and tax, be accepted for the supply and installation of a one new AS400 820 computer and the retention of the existing AS400 Model 500. Councillor Titus, noting that only two companies bid on the above tender and if competition was part of the reason for the referral of tenders earlier in the meeting, advised that he took issue with the City Manager's explanation with respect to the nature of tenders in that the City wanted to get the best price and Council could deal with the tender in question by tabling it because there was not much competition. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with Councillor Titus voting "nay". 10. 2002 Water And SeweraQe Utilitv Fund ProQram (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2002 Water and Sewerage Utility Fund Capital Program - Wastewater Treatment category, as outlined in the City Manager's submitted report, and further an amount of $445,000 for a project under the 2003 Water and Sewerage Utility Fund Capital Program - Wastewater Treatment category, as outlined in the City Manager's submitted report. Question being taken, the motion was carried. 11. Tender For Contract 2002-24 On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 2002-24, Fallsview Drive street reconstruction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $582,790.85 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. 12. Tender For Contract 2002-23 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 2002-23, Guilford Street water and sewer renewal, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price 89-190 COMMON COUNCIL JULY 22, 2002 of $294,909.00 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. 13. Tender For Contract 2002-21 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2002-21, Spruce Lake dam reconstruction, be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $902,912.00 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. 14. Tender For Contract 2002-7 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2002-7, King Street sidewalk improvements, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $294,629.60 as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Teed asked if the specifications for the above contract were the same as for the lower section of King Street and if it was the same contractor, and expressed the view that the expenditure was not necessary at this time of budget restraint and, rather than tearing up the big brick square blocks on the south side of King Street, the top of Charlotte Street should be fixed as there were bricks out of place there; and Mr. Giffin advised that the contractor recommended was the same one who did the other section of King Street. Question being taken, the motion was carried with Councillors Desmond and Teed voting "nay". 15. Tender For Contract 2002-6 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2002-6, curb and sidewalk construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $696,882.50 as 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. Acquisition Of Parcel "A" - Site Development For MillidQeville Wastewater Treatment Plant Read a report from the City Manager advising that, as part of the Provincial review process for the upgrade and expansion of the Milllidgeville wastewater treatment plant, Natural Resources and Energy questioned the ownership of the "filled" area on which a portion of the existing treatment plant is located and, since it was originally part of the St. John River, Natural Resources and Energy claimed ownership of the .97 hectare area (Parcel "A") and the Province will not give its approval for the project until the ownership of what is now called Parcel "A" is settled, and Supply and Services has presented the City with an offer to sell the subject parcel for $2,000. 89-191 COMMON COUNCIL JULY 22, 2002 On motion of Councillor Fitzpatrick Seconded by Councillor Teed RESOLVED that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in Parcel "A" (formerly a portion of the St. John River), as generally shown on the submitted plan, from the Province of New Brunswick for $2,000 (plus HST, if applicable), and the Mayor and Common Clerk be authorized to sign the submitted Letter of Consent permitting entry upon Parcel "A" prior to ownership by the City of Saint John. Question being taken, the motion was carried. 17. Sale Of Land - Moore Street/Osborne Avenue Area Consideration was given to a report from the City Manager advising that Gerry Lowe, owner of L.S.O. Enterprises, is planning his next four townhouse units in the Moore Street area and will require additional land from the City of Saint John in order to accommodate the design and location change, as indicated in the submitted tentative plan from Hughes Surveys and Consultants Inc. showing an area of 740 m2, for which Mr. Lowe has agreed to pay the same rate as he did for the more accessible parcels acquired two years ago ($13.03 per m2); and recommending the subdivision and sale of the subject property. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the City of Saint John subdivide and sell a 740 m2 t portion of PID Numbers 55007306 and 28258, 107 Moore Street, to L.S.O. Enterprises Ltd. for $13.03 per square meter ($9,640.20t) plus HST, if applicable, with a closing date of on or before November 29, 2002; the deposit of $3,200 already received shall form part of the purchase price; prior to closing L.S.O. Enterprises Ltd. shall have prepared and paid for all subdivision plans required to facilitate the conveyance proposal herein; Common Council assent to any necessary municipal services easements; and the Mayor and Common Clerk be authorized to sign transfer and related documents: AND FURTHER that L.S.O. Enterprises Ltd. (1) shall have permission to enter upon the subject parcel for the purpose of conducting surveys, assessments and foundation work; (2) prior to entering upon the subject parcel, must co-name the City of Saint John in its liability insurance policy and provide proof of such to the City; (3) prior to entering upon the subject parcel, shall indemnify and save harmless the City of Saint John from and against all manner of action, claim, demand, suit or loss of any nature whatsoever occurring out of or in respect to the permission granted herein (to entering upon the subject parcel for the purpose of surveys, assessments and foundation work); (4) shall be authorized to make application for any zoning and/or Municipal Plan amendments required to facilitate the extension of the current townhouse development onto the subject parcel and in doing so, L.S.O. Enterprises Ltd. acknowledge that Common Council is not explicitly or implicitly obligated to approve any applications for re-zoning or Municipal Plan amendments arising from the sale proposed herein; and (5) in the event the sale of the subject parcel does not proceed as proposed herein, L.S.O. Enterprises Ltd. must remediate the subject parcel to a condition similar to, or better than existing at the time of the resolution authorizing the sale; the City shall retain the deposit as security; if the remediation work is not undertaken on or before June 1, 2003, the City of Saint John shall retain the security and undertake all site remediation work it deems necessary. Councillor Teed expressed the understanding that there was a tentative plan, as the City hired somebody to do a study of Fort Howe, including a path going up Rockland Road, and proposed a motion, which was not seconded, to table the matter and refer it to the Commissioner of Recreation and Parks to see if it was compatible with the future plan. Question being taken, the motion was carried with Councillor Teed voting "nay". 89-192 COMMON COUNCIL JULY 22, 2002 18. Extension Of Lease 223. Rodnev Terminal Sewer Outfall On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John extend Lease 223 (Rodney Terminal Sewer Outfall) with the Saint John Port Authority (the Grantor) for a further term, commencing on July 1, 2002 at an annual rent of $2,480.00 plus HST (if applicable), and the Mayor and Common Clerk be authorized to sign the submitted letter of extension. Question being taken, the motion was carried. 19. Sale Of City Lands - Summit Drive Read a report from the City Manager referring to Common Council resolution of October 1, 2001 authorizing the sale of portions of City land in the so-called Gibson Avenue Subdivision to each of the owners of 424,428 and 434 Summit Drive which, although not noted on the subdivision plan associated with Gibson Avenue, was in fact land for public purposes conveyed to the City by Veterans' Affairs; advising that the sale of the subject portions of Summit Drive to the owners of 424, 428 and 434 Summit Drive can now proceed, the Planning Advisory Committee having concurred with the sale of all of the so-called Gibson Avenue Subdivision as indicated to Council at its July 8, 2002 meeting; also advising of the approach to the City by the owners of 440, 446 and 450 Summit Drive to purchase a similar portion of land on similar terms and conditions as that offered to their neighbours; and recommending the subdivision and sale of the subject portions of land. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John subdivide and sell (1) a 700 m2 :t portion of PID Number 55158760, as generally shown on the submitted plan, to Rejean and Mary Doiron, owners of 440 Summit Drive, for $2,000 (plus HST, if applicable), and the deposit of $500 already received shall form part of the purchase price; (2) a 700 m2 :t portion of PID Number 55158760, as generally shown on the submitted plan, to Christopher and Jennifer Legere, owners of 446 Summit Drive, for $2,000 (plus HST, if applicable), and the deposit of $500 already received shall form part of the purchase price; and (3) 700 m2 :t portion of PID Number 55158760, as generally shown on the submitted plan, to Joseph and Teresa McNamara, owners of 450 Summit Drive, for $2,000 (plus HST, if applicable), and the deposit of $500 already received shall form a part of the purchase price; and, as part of the sale, the City of Saint John will provide an Appointment of Agent Form to permit the purchasers' solicitor(s) to register title to the land(s) under the Land Titles Registry System prior to closing; and further that the Mayor and Common Clerk be authorized to sign the transfer and related documents. Question being taken, the motion was carried. 20. Job SharinQ Pilot ProQram Consideration was given to a report from the City Manager advising that, during the most recent contract negotiations with Local 486, the issue of job sharing was raised, and this issue was discussed with Local 486 and management through the Mutual Interest Committee and the submitted Letter of Agreement was recommended and has been ratified by the Local 486 membership; and proposing that the City of Saint John enter into a pilot program with Local 486 for the term of the current contract providing the employer and employees with an opportunity to determine the mutually beneficial value to job sharing, within which the employer would retain the right to determine which positions may be suitable for job sharing and, in so doing, the manager and department head will first consider the need to provide quality service to the customer. 89-193 COMMON COUNCIL JULY 22, 2002 On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City enter into the submitted Letter of Agreement with Local 486 to undertake a job sharing pilot program. Question being taken, the motion was carried. 21. Familv Care Leave Pilot ProQram Consideration was given to a report from the City Manager advising that, during the most recent contract negotiations with Local 486, an issue was raised relating to the utilization of sick time coupled with a need for employees to have time available to tend to family care, the current practice being that employees are not permitted time off work with pay to attend to the illness or medical appointment of a family member; proposing that (1) the City of Saint John enter into a one-year pilot project with Local 486 that encourages employees to take a minimal amount of time required to attend to family care while placing an emphasis on reducing overall sick time utilization; (2) an allotment of a maximum of 21 hours of sick time per year be provided to employees, dedicated to family care, in respect of the need to attend to the illness or medical appointments of family members; and (3) the measurement of success of the pilot program be ten percent reduction in the overall sick time usage within Local 486; and also advising that this issue was discussed with Local 486 and management through the Mutual Interest Committee and the submitted Letter of Agreement was recommended and has been ratified by the Local 486 membership. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the City enter into the submitted Letter of Agreement with Local 486 to undertake a one-year pilot program related to sick time reduction. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 22. Interchange Assignment Agreement With Parks Canada AQencv Read a report from the City Manager seeking Council's approval of the submitted Interchange Assignment Agreement between Parks Canada Agency and the City of Saint John with respect to the assignment of Jim Bezanson, the City's Heritage Planner, to the Parks Canada Agency for a period of seven and one-half months during which he will spend 40 percent of his week working directly for the Agency, being remunerated by the City based on the Agency's pay scale for professional architects and the Agency, in turn, fully reimbursing the City plus all benefits; and advising that Mr. Bezanson, as indicated in the background notes, is to playa critical role in the proposed new Federal Program designed to provide financial incentives to preserve our built heritage. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the Mayor be authorized to sign the submitted Interchange Assignment Agreement with Parks Canada Agency for Jim Bezanson. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. The Mayor noted the time of 7:00 o'clock p.m. and asked Council to proceed with the public hearings under agenda items 46 and 47. 89-194 COMMON COUNCIL JULY 22, 2002 46(a) Zoning By-law Amendment To Re-Zone 621 Rothesav Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 621 Rothesay Avenue (NBGIC Number 55036875), having an area of approximately 6400 square metres, from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, to permit a licenced lounge to be established in a portion of the existing building, as requested by O'Malley's Irish Pub Inc., and 4{c) written objections were received in this regard from Kristyn Quinn-Phillips, Murray Carpenter and Tammy and Tracy Berube. 46{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, two letters of objection and one letter of support with respect to the proposal considered at the Committee's July 16, 2002 meeting at which John Henderson, on behalf of the applicant, expressed agreement with the staff recommendation; and recommending that Common Council re- zone a parcel of land located at 621 Rothesay Avenue, having an area of approximately 6400 square metres, also identified as being NBGIC Number 55036875, from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, requiring that the subject property will only ever have one facility with a club or lounge liquor licence at anyone time. John Henderson of 900 Churchland Road, appeared in support of the application on behalf of the applicant, offering to respond to questions on the proposal and indicating the applicant's agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By-law Number C.P. 100-598 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 621 Rothesay Avenue (NBGIC Number 55036875), having an area of approximately 6400 square metres, from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-598 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-598 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 621 Rothesay Avenue (NBGIC Number 55036875), having an area of approximately 6400 square metres, from "1-1" Light Industrial to "SZ#9" Special Zone #9 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. 100-598 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the correspondence with regard to the above-proposed amendment be received and filed. Question being taken, the motion was carried. 89-195 COMMON COUNCIL JULY 22, 2002 47(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 120 McDonald Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the May 3, 1999 re-zoning of the Loch Lomond Mall property situated at 120 McDonald Street (PID Numbers 322891,345124,55032411,55032403,55032395, 347120 and 55065197, to permit a new restaurant in the Mall building to be licenced as a lounge under the Liquor Control Act, as requested by Yorgo Andreas 2mboukis, and 47{c) a written objection was received in this regard from Lloyd and Lynn Ginn. 47{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's July 16, 2002 meeting at which Andreas 2mboukis expressed agreement with the staff recommendation; and recommending that Common Council amend the conditions imposed on the May 3, 1999 re-zoning of the subject property. Lloyd Ginn of 142 Virginia Street spoke in opposition to the proposed amendment, his concern being that the applicant prefers to stay open until 2:00 a.m.; and requested that the hours of operation be limited to the Mall hours or 10:00 p.m. at the latest. It was noted that the hours of operation would be limited to the normal Mall operating hours of 9:30 a.m. to 10:00 p.m. Andreas 2mboukis appeared in support of his application, and advised that he was asking only for the Mall hours operation until 10:00 p.m. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions imposed on the May 3, 1999 re-zoning of the Loch Lomond Mall property situated at 120 McDonald Street (PID Numbers 322891,345124,55032411,55032403,55032395,347120 and 55065197, as follows: (1) condition (a) is amended to read as follows: "(a) the subject property (Loch Lomond Mall) will only ever have a maximum of two facilities with a beverage room, club or lounge licence at anyone time."; and (2) all other Section 39 conditions imposed by Common Council on May 3, 1999 shall remain in effect. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 23. RecoQnition Of Golden Jubilee Read a report from the City Manager setting out a list of suggested activities that could be planned to celebrate the 50th Anniversary of Her Majesty's reign as Queen of Canada during 2002, in response to Council's resolution of June 24, 2002, and noting the importance of the Queen's indication that the Golden Jubilee should be a time of communities' activities and goodwill. The Mayor suggested that the report could be referred to her office, and advised that plans for the Golden Jubilee would be made known as time went on. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the above report be referred to the Mayor's Office. 89-196 COMMON COUNCIL JULY 22, 2002 Question being taken, the motion was carried. 24. Tourism Saint John Travel Media Services & Publicitv On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager submitting a photocopy of the recent Runners World magazine featuring six full pages of coverage on the City of Saint John and Marathon-by-the Sea; advising Council of the variety of services Tourism Saint John staff provides to travel media professionals, and providing insight on the scope of free publicity that is attained through selling and servicing of this market, be received and filed. Question being taken, the motion was carried. 26. Bv-Iaw Enforcement - Pro Bono Proposal On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Solicitor expressing the view that there is merit in pursuing with the Saint John Law Society the proposition of certain by-laws being enforced by members of the Saint John Law Society on a pro bono basis which was introduced by Councillor Teed at the Council meeting of June 24, 2002; however, in order for such an arrangement to be of net benefit to the City, that is to say to assure that it does not materially diminish the resources devoted to the existing enforcement program, the following criteria should apply: (1) the file would be presented to the volunteer, at the stage when the Building Inspector would normally first seek the assistance of the Legal Department and the volunteer would then carry the file until the violation is resolved either by voluntary compliance or judicial decision, including proceedings arising from a defendant's failing to comply with a court order; (2) the prioritization and assignment of files would be in the sole discretion of the City, and (3) there should be no additional potential liability imposed upon the City; advising that the proposition highlights the fundamental fact that additional enforcement requires additional resources and it is his intent to present to Council in early fall options respecting additional resources; and recommending that Council authorize his entering into discussion with the Saint John Law Society for the purpose of establishing the details of a pro bono enforcement initiative which reflects the criteria set out in this correspondence, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 27. Saint John Board Of Police Commissioners 2001 Annual Report Of Saint John Police Force On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Police Commissioners requesting a date and time to present to Common Council the 2001 Annual Report of the Saint John Police Force, be referred to the Common Clerk to schedule the presentation. Question being taken, the motion was carried. 28. Saint John Art Advisorv Board - Board Vacancies Consideration was given to a letter from Wm. (Bill) R. Fitzpatrick, Chair of the Saint John Art Advisory Board, referring to the Board's previous letters to Council on April 8, 2002 and December 3, 2001 regarding Board vacancies, which were referred to the Nominating Committee and on which the Board has had no further communication from Council, and advising that the Board would appreciate Council advising the status of these nominations. 89-197 COMMON COUNCIL JULY 22, 2002 On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Wm. (Bill) R. Fitzpatrick, Chair of the Saint John Art Advisory Board, regarding Board vacancies, be referred to the Nominating Committee. Question being taken, the motion was carried. 29. SchedulinQ And Time Of Council MeetinQs Read a letter from Mayor McAlary referring to Common Council resolutions of June 24, 2002 with regard to agenda items and the scheduling and time of Council meetings; and requesting Council to approve as policy that the Mayor or, in the absence of the Mayor, the Deputy Mayor be given the authority to call a Committee of the Whole meeting through the Common Clerk if it is the Mayor's opinion that a Committee of the Whole meeting is required to conduct City business, and proposing that Council revert to its previous schedule with Committee of the Whole at 5:00 p.m., if required, followed by open session at 7:00 p.m. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that Council meet at 5:00 o'clock p.m. in Committee of the Whole or in open session, with the determination of where Council would meet at that time to be announced the week before at the end of the Council meeting. The initial motion proposed was for Council to revert to the meeting hours it previously had. Councillor Trites advised that he would like Council to meet at 5:00 o'clock p.m. in Committee of the Whole or in open session so that, if there were no Committee of the Whole items coming from the previous meeting, Council would start its regular meeting at 5:00 o'clock p.m. and, if there were Committee of the Whole items from the previous meeting, Committee of the Whole would start at 5:00 o'clock p.m. with regular session to start at 7:00 o'clock p.m., with the Mayor to announce at the end of each meeting whether the 5:00 p.m. meeting would be Committee of the Whole or regular session. Councillor Trites proposed an amendment to the motion, which was seconded by Councillor Desmond, to the effect that Council meet at 5:00 p.m. in Committee or in open session and the determination of where Council would meet would be announced the week before at the end of the Council meeting, and the Mayor took the question on the motion with the amendment. Question being taken, the motion was carried. The Mayor noted the other portion of her letter dealing with the Mayor or the Deputy Mayor calling a Committee of the Whole meeting through the Common Clerk in that the only way Council could meet in Committee of the Whole at this time was for her to call a special Council meeting through the Common Clerk and subsequently hold the special meeting to consider referral of the item in question to Committee of the Whole. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Mayor or, in the absence of the Mayor, the Deputy Mayor be given the authority to call a Committee of the Whole meeting through the Common Clerk in extraordinary or emergency situations. Councillor Chase advised that he would like to see some terms of reference to specify what an emergency would be for such meeting, and that he could not support the motion in the absence of such terms. Councillor Titus advised that he would not support the motion in that he did not see any problem with debating in an open session the referral of the matter to Committee of the Whole. Question being taken, the motion was carried with Councillors Chase, Fitzgerald and Titus voting "nay". 89-198 COMMON COUNCIL JULY 22, 2002 30. Nations In Bloom Read a letter from Mayor McAlary advising that information would be given out at this meeting with respect to the Nations in Bloom announcement of July 22, 2002, which is good news for the City of Saint John. Councillor Desmond proposed a motion to receive and file the above letter, whereupon the Mayor, having asked to make the announcement first, advised of the invitation to the City of Saint John to participate in the Nations in Bloom Competition to be held in Germany from October 3 to 8, 2002. 31. City Operations And Priorities Consideration was given to a letter from Councillor Teed regarding City operations and priorities, which was tabled by Council on June 24, 2002 until the July 22, 2002 Council meeting, his concern being that Council has instituted little positive action which would deal with the real problems which the City is facing and he feels there needs to be major changes in order to reverse the unfortunate trend that has developed and the priorities need to be revised in view of new information and recent changes in the City's base of revenue; suggesting concepts on which policies should be developed and, in summary, that Council must recognize the need for fundamental change to encourage the growth of population and the second essential is to recognize the fact that there is a growing population of people who are seniors; and proposing that the City utilize those principles of sound business which are not inconsistent with good government. Councillor Desmond proposed a motion, which was not seconded, to receive and file the above letter. (Councillor Fitzpatrick withdrew from the meeting.) For a vision for the City, Councillor Teed proposed that Saint John visualize that it would be recognized as the leading Municipality in New Brunswick and, in fact, is the commercial business centre, the industrial centre, the educational centre, the health centre, the cultural centre, the heritage centre and the tourist centre, and further that Saint John recognize the changing demographics of the nation in that urbanization is a factor facing the country and, to this end, the City must recognize the fact that there is an increasing number of senior citizens whose needs require to be addressed, and further recognize that to be a vibrant City the central core must have a hundred percent increase in the resident population from 7,000 to at least 14,000, and further recognize that there will be greater encouragement or innovative ideas from staff and the public and to these ends new policies be instituted and existing policies updated or changed. Councillor Teed proposed a motion to refer this matter to Committee of the Whole or the group that is looking into visions for the future and subsequently, in response to the Mayor's indication that she would prefer that Councillor Teed take one issue at a time as there were so many issues involved, proposed that the matter be laid on the table and he would bring back a vision statement. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be laid on the table with Councillor Teed to bring back a vision statement. Question being taken, the tabling motion was carried. 32. Appointment To Municipal Finance Corporation Read a letter from Councillor Teed regarding the appointment of Andrew Beckett by the Lieutenant Governor in Council, under section 4 of the New Brunswick Municipal Finance Corporation Act, as a member of the Board of Directors of the Corporation for a one-year term. 89-199 COMMON COUNCIL JULY 22, 2002 On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that Council congratulate the City's Commissioner of Finance, Andrew Beckett, on his appointment to the Board of Directors of the New Brunswick Municipal Finance Corporation. Question being taken, the motion was carried. 33. Need For Dedicated Port PolicinQ Unit Consideration was given to a letter from Councillor Court advising that, as a member of Council and a member of the Saint John Board of Police Commissioners, he sees the real need for dedicated policing at the Port of Saint John, and he would like the support of Council to lobby the Federal Government for funding for a dedicated unit. Councillor Court proposed a motion, which was seconded by Councillor Desmond, that a letter be prepared and sent to the Federal Government requesting either a meeting or proper funding for police service for the Port of Saint John. The Mayor encouraged Councillor Court to make a motion to have the Saint John Port Authority, in particular Council's representative on the Authority, report to Council in open session, and expressed the view that the Authority should be with Council if it were to lobby the Federal Government. Councillor Court suggested that, with the Board of Police Commissioners coming before Council to present its financial situation, it might be an appropriate time for the Chief of Police, who is in charge of operations, to present its case as to why Council should lobby for more funding for policing at the Port. The mover and seconder of the motion agreed to change it accordingly. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the Saint John Port Authority and the Saint John Board of Police Commissioners be invited to address Council in the above regard. Question being taken, the motion was carried. 34. Water DrainaQe Problem - Marlin DrivelDaniel Avenue Read a letter from Councillor Court advising that he has asked Bill Edwards to give a report to Council at this meeting as to what steps can be taken to resolve a water drainage problem that exists between 109 Marlin Drive and 191 Daniel Avenue where there is a plan for a future street, having asked Mr. Edwards to inspect what he believed to be a health and safety issue on July 10, 2002. Mr. Edwards advised of a problem in the subject area with water pooling at a depression at the foot of a hill immediately in front of 191 Daniel Drive and, having talked with the property owner and asked if he would do something about it in terms of dumping in some clean fill material which would not entirely relieve the drainage problem but would get rid of the stagnant water which is smelly and full of mosquitoes, the owner was not prepared to do that and, whereas it is private property, the City does not have any authority to go in and remedy the situation; and pointed out that the City normally did not work on private property. Mr. Totten indicated that, if the matter were referred to him, he would work with the Building Inspector in this regard. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 89-200 COMMON COUNCIL JULY 22, 2002 35. Rothesav Avenue Water & Sewer Renewal Project Consideration was given to a letter from Councillor Court advising that item 23 from the last Council session to put in a new sanitary sewer, watermain and storm sewer on Rothesay Avenue still disturbs him in view of the 40% increase in cost, and that he would like staff to answer a few questions in open session that relate to this project and future projects that will be undertaken in the City, and also that recent water breaks in East Saint John are a cause for concern and discussion. The Mayor noted that, normally, staff would be asked to come back to Council with answers to questions in a report, and expressed the view that it was not fair to ask questions without having given the questions to staff prior to the meeting. Councillor Court noted that the City accepted a tender for the above project which was $456,000 over the budgeted amount for the project and asked (1) because of the high tenders that came in on that project, if that established a new benchmark for other projects along Rothesay Avenue; (2) when staff set an estimate of how much it was going to cost for Rothesay Avenue for road repair, sewerage etc., did staff take into consideration the tender prices going up as they did in this one project or, if this one project of almost half a million dollars above the estimated cost has thrown off all of the estimates for the entire project and if there will be new estimates for Rothesay Avenue in the reconstruction of that street; (3) should the City, if the tender prices are going to be like this, be looking at doing some of these projects itself; (4) in relationship to the water breaks that took place in East Saint John, if a break occurred and it was the fault of the contractor, is insurance provided to cover for those breaks in additional cost or does the City incur those costs itself; (5) how does the City know and does the City have an inspector on site when these jobs are being done to know when a pipe has broken on its own because of age or if has been done by a contractor; and (6) should the City not have a capability to supply water in either direction from east to west. On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that the above questions be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 48. Carnegie Building Working Group / Post Arts Summit SteerinQ Committee - Operation Of CarneQie BuildinQ The Mayor noted the City Manager's report to Council at its July 8, 2002 meeting further to the recommendations from the Saint John Arts Summit and Visioning Session held on March 31,2001, the Post Arts Summit Steering Committee's presentation to Council and the Carnegie Building Working Group's proposal with respect to arts and culture. Tim Blackmore of 310 Woodward Avenue addressed Council on behalf of the Post Arts Summit Steering Committee and the Carnegie Building Working Group; and, having read his prepared brief, requested that Council create a Saint John community arts board and that the Carnegie building be reopened as a community arts centre on a one-year trial basis, and Council commit $12,000 towards the project since the City must pay $11,000 per year in any case to maintain the building closed. Mr. Blackmore responded to questions on the operation of a community arts centre with volunteers, reassuring Council that he and other members of the Working Group were prepared to dedicate the time needed to do so and, as to the manner in which the members would be nominated to the Board, asked that this question be directed to Peter McKelvey, Co-Chair of the Post Arts Summit Steering Committee. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that Council support the request to open the Carnegie building as an arts centre for one year dating from September 1, 2002 and that $23,000 as outlined by the City Manager in his report to Council at the last meeting be set aside or granted for the cost of operating and for 89-201 COMMON COUNCIL JULY 22, 2002 administering the building by the Carnegie Working Group to meet the obligations of rental tenants and development of the various community arts incentives. During discussion Mr. Totten clarified that, while the City normally treated this funding as a grant to a third party organization in the building, he would not want the organizers to be deceived in that his earlier recommendation was that the City would operate and pay the costs associated with keeping the building up for the next twelve months the centre was open, and the City would not be making a payment to the Group. The Mayor suggested that, as the above motion did not include the City Manager's recommendation at the last Council meeting with respect to the creation of an arts and cultural committee, Council should hear from Peter McKelvey in this regard, her concern being that, along with the Working Group and the Saint John Advisory Board, there would be a number of groups which might or might not work together. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 39. Communities In Bloom - Endorsement Of Cultural Capitals Of Canada ProQram On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Raymond Carriere, National Chairman of Communities in Bloom, endorsing the Cultural Capitals of Canada Program as announced recently by The Honourable Sheila Copps, Minister of Canadian Heritage; submitting materials supplied by the Department of Canadian Heritage with detailed information about the Cultural Capital of Canada awards, the deadline for application being October 18, 2002; and encouraging Council to investigate involving its community in this important new initiative that recognizes and rewards municipalities' on-going commitment to arts and cultural activities, be referred to the City Manager and Tim Blackmore of the Carnegie Building Working Group, and the information on the Program be placed on a the City's Website. Mr. Totten noted that Mr. Blackmore's above presentation was two-fold, one with respect to the take-over and operation of the Carnegie building for a year, the other referencing the City Manager's recommendation to Council at its last meeting that a new advisory board known as the Saint John Community Arts Board be created under the terms of references submitted; and advised that, if Council was not going to deal with the latter at this meeting, he would want to know the expectation because the Working Group would be asking him about this later. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Peter McKelvey, Co- Chair of the Post Arts Summit Steering Committee, be invited to address Council at this time. Question being taken, the motion was carried. Peter McKelvey, in response to the Mayor's question on the expected role of an arts and cultural committee, spoke to the need for a central arts and cultural board to provide a strong voice and take a high-level look to determine if groups, for example, could share resources, as well as to recommend to Council a plan to make it pull together; and described the role of the board as overseeing, coordinating and promoting artistic activities in the City, noting that the City Manager's previous report to Council set out, in Appendix I, the roles and responsibilities of a Saint John community arts board in terms of coordinating, planning and policy functions to guide Council. Mr. McKelvey 89-202 COMMON COUNCIL JULY 22, 2002 commented in terms of his understanding of the limited mandate of the Saint John Art Advisory Board in advising Council on exhibitions promulgated by the City of Saint John, such as, if there were to be an art exhibit at City Hall or the City Gallery, there was a need to choose the appropriate candidate artists and review the work for its appropriateness, while an arts board would be at a higher level on a planning function; and, as to how an arts board would be nominated, advised that ultimately the responsibility would rest with Council with the Post Arts Summit Steering Committee to gather suggestions from the community and put forward nominations for Council for the arts board to be formed. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that an arts and cultural committee be created and referred to the Nominating Committee. Question being taken, the motion was carried. 36. Newspaper Article On City Finances & Stats Canada Statistics Read a letter from Councillor Court advising that he would like the opportunity to discuss with Mr. Beckett in open session of Council the contents of a July 16,2002 newspaper article entitled, "Finance Commissioner wants City to hike taxes", as well as the Stats Canada recent numbers dealing with median income and the transfer ratio of $24.55 for every $100 of income in Saint John. (Councillor Ball withdrew from the meeting.) The Mayor asked Councillor Court what motion he wished to make in that Mr. Beckett could respond to any questions in a report to Council. Councillor Court directed the following two questions to Mr. Beckett: (1) if it would be an accurate depiction of what was going on to say that, as 71 % of the City's revenue comes from property tax and ten years ago it was only 58%, about 33% of the population of the City was carrying 100% of the population plus all those people who live outside who come into the City and use its services, thus a third of the City's population was being asked to carry the City and the surrounding communities when it comes to infrastructure and so on; and (2) what would 15 or 18 cents do to the percentages of 71 % as opposed to what it used to be at 58% and, if the City were to increase the tax rate, what percentage would the residential tax burden on the citizens of Saint John be. Councillor Court expressed the view that the City's population could no longer carry the outlying areas in that its $90 million budget ten years ago bought more than $90 million today and new items have been added to the budget in translation services and new roads just inherited by the City, as well as employee wages and so on, and asked if the City could survive in its present state without some mechanism from the Provincial Government to allow the City to increase revenue, other than through property taxes. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the above questions be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 37. RecoQnition Of Athletic Achievements On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that Council request the Recreation and Parks Advisory Board on behalf of Council to develop a program whereby athletes who are residents of the City and participate in various participation athletic events throughout the nation could be recognized whether by certificate or parchment. 89-203 COMMON COUNCIL JULY 22, 2002 Councillor Trites, in seconding the motion, did so on the basis that the recognition be either by certificate or parchment, not by social gathering or other means as proposed in Councillor Teed's letter, and Councillor Teed advised his agreement in this regard. Question being taken, the motion was carried. 38. Rockwood Park Development Read a letter from Councillor Titus suggesting that preliminary consideration be given to the possibility of establishing a Par 3-style golf course in Rockwood Park. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the City Manager be requested to report back to Council in the above regard with preliminary information regarding feasibility in general, identification of potential land, potential revenue to the City, etcetera. Question being taken, the motion was carried. 40(a) Post Arts Summit Steering Committee; (b) Imperial Theatre - Proposal For Use Of CarneQie BuildinQ Consideration was given to (a) a letter from Michael Wennberg and Peter McKelvey, Co-Chairs of the Post Arts Summit Steering Committee, advising that, as at the July 8, 2002 Council meeting there appeared to be some confusion in the minds of some Councillors as to whether the letter from the Committee dated June 27,2002 was in support of the Carnegie Building Working Group's proposal to operate the Carnegie building on a trial basis for one year (beginning September 2002), the Committee fully and enthusiastically supports this proposal - for all of the reasons, and on the terms, expressed in the City Manager's report to Council dated July 4, 2002; and (b) a letter from Peter D. Smith, General Manager of the Imperial Theatre, expressing support for the initiative of the Carnegie Building Working Group to operate the Carnegie building as a community arts and cultural centre for a year, beginning in September, using volunteers to fill staff functions. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from the Post Arts Summit Steering Committee and the letter the Imperial Theatre regarding the Carnegie Building Working Group's proposal to operate the Carnegie building, be received and filed. Question being taken, the motion was carried. 41. Andrew Mcintosh & Adrienne Mcintosh Re Use Of CarneQie BuildinQ Bv Arts Community On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Andrew Mcintosh and Adrienne Mcintosh urging Council to support the proposed use of the Carnegie building by members of the local arts community for a trial period of one year, be received and filed. Question being taken, the motion was carried. 42. Town Of Quispamsis - Domestic Pesticide Products For Cosmetic Use On Turf Consideration was given to a letter from Mayor Ron Maloney, Town of Quispamsis, submitting a copy of the Position Paper on Pesticide Use that was adopted by the Quispamsis Town Council at its April 16, 2002 regular meeting, advising that the 89-204 COMMON COUNCIL JULY 22, 2002 Town recently wrote to the sixty New Brunswick Members of the Legislative Assembly asking them, on behalf of their constituents, to lobby The Honourable Kim Jardine, Minister of Environment & Local Government to enact more stringent regulations regarding the purchase and use of pesticide products by homeowners, including the provision of clear and concise labelling, and seeking Council's support by following up on the Town's request with Council's respective MLA and copying its letter to Minister Jardine, and also by asking Minister Jardine to be more definitive in clarifying a municipality's role with respect to pesticide control. Councillor Desmond proposed a motion that the City not use pesticides in its parks except on the golf course and encourage others to ban such use, whereupon the Mayor suggested that the letter should be referred to staff as Recreation and Parks has already reduced the amount of pesticides used. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Mayor Ron Maloney, Town of Quispamsis, submitting a copy of the Position Paper on Pesticide Use that was adopted by the Quispamsis Town Council at its April 16, 2002 regular meeting, be received and filed and Mayor Maloney be thanked for the information and a copy be forwarded to the Environment Committee. Councillor Chase noted that the Environment Committee was reviewing an issue related to pesticide control, and the mover and seconder of the motion added referral to the Environment Committee. Question being taken, the motion was carried. (Councillor Ball re-entered the meeting.) 43. Kenneth Wheaton - Variance For 397 Dwver Road On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Kenneth Wheaton advising his concern that the addition to Gary Fowler's residence at 397 Dwyer Road will be located extremely close to his right-of-way to Harmony Cove, and that he voiced his objections at the Planning Advisory Committee meeting of July 16, 2002 asking that, until the issue of his right-of-way is resolved, the decision on the variance be postponed, and asking that this variance be tabled so this matter can be sent to the City of Saint John Legal Department for review, be received and filed. Question being taken, the motion was carried. 44. John Harkins - Appearance Of City On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from John Harkins advising that he recently had relatives looking to move to Saint John and, while there was a lot they liked when he took them around, they kept talking about the unpainted buildings, messy lots and the slums, and asking why Council cannot pass a law to clean up the City as it is keeping people from moving here, be received and filed. Question being taken, the motion was carried. 89-205 COMMON COUNCIL JULY 22, 2002 Adjournment The Mayor, in noting the motion adopted earlier in the meeting on the time of the Council meetings and the one item referred to Committee of the Whole, advised that, for the next Council meeting date on Tuesday, August 6, 2002, Committee of the Whole would commence at 5:00 o'clock p.m., with the regular meeting of Council in open session to commence at 7:00 o'clock p.m.; and declared the meeting adjourned. Common Clerk