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2002-08-19_Minutes 89-222 COMMON COUNCIL AUGUST 19, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of August, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; D. Logan, Purchasing Agent; 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. Walter Perry, Pastor of the First Wesleyan Church, 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, August 6, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the agenda of this meeting be approved with the addition of two items as 32A and 32B, respectively, being a recommendation for the acquisition of land on Russell Street (which was considered in Committee of the Whole earlier this date), and a recommendation concerning the tender for Contract 2002-11, High Ridge Road and First Avenue water and sewer construction (which was considered in Legal Session of Council earlier this date). Question being taken, the motion was carried. 4. 5. 6. Land/LeQal/Labour Items On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that agenda items 4, 5 and 6, being a report from the City Manager regarding the acquisition of a property for a new Police headquarters, a report from the City Manager on a proposed land exchange with the Saint John Port Authority, and a report from the City Solicitor on a proposed Establishment change, respectively, be referred to Committee of the Whole for consideration. Question being taken, the motion was carried. 89-223 COMMON COUNCIL AUGUST 19, 2002 7(a) Municipal Plan Amendment & (b) Re-Zoning 257 -259 Carmarthen Street/79 Broad Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-C, from Medium Density Residential to Approved Commercial Development classification, a parcel of land with an area of approximately 790 square metres, located at 257-259 Carmarthen Street/79 Broad Street (PID Numbers 703 and 711), and (b) the proposed re-zoning of the same parcel of land from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, to permit a restaurant with a dining room liquor licence under the Liquor Control Act, as requested by 059314 NB Ltd. (John Hosford), and no written objections were received in this regard, with a letter (copies of which were distributed to the Council members at this meeting) having been received from John C. Warner, solicitor for John Hosford, advising that the applicant wishes to withdraw the application, and asking that this matter be removed from the agenda of this meeting. 7{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 13, 2002 meeting at which John Warner, solicitor for the applicant, addressed the Committee in support of the proposal, Mr. Hosford was present but did not address the Committee, and Donna Reardon addressed the Committee in opposition to the proposal; advising that the Committee approved the change in non-conforming use from a convenience store/takeout to the present use as a restaurant without liquor licence, and recommending that the Municipal Plan amendment and re-zoning be denied. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the application of 059314 NB Ltd. (John Hosford) for a Municipal Plan amendment and re-zoning of property located at 257-259 Carmarthen Street/79 Broad Street, be withdrawn as requested by the solicitor for the applicant. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. The Mayor suggested that agenda items 9 through 16 could be held until after the presentation under agenda item 8. 17. BudQet Calendar & Directive - 2003 OperatinQ BudQet Read a report from the City Manager submitting as Appendix A the proposed budget calendar for development of the 2003 budget which indicates that the budget process will be completed by November 18, 2002 and all meetings are to be open to the public, as well as the draft directives to be sent to City departments, agencies, boards and commissions asking, in summary, (1) what service reductions/modifications could be made to reduce overall funding requirements, (2) what performance measures can be used to assess the efficiency and effectiveness of services being delivered, and (3) that budgets be prepared in detail for both 2003 and 2004; advising that staff is currently working on developing a comprehensive public engagement program that will be presented at the next meeting of Council and it is hoped that involvement of the community will greatly add to consensus building, awareness, pride and a sense of direction for services. 89-224 COMMON COUNCIL AUGUST 19, 2002 On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve the budget calendar for the 2003 budget deliberations and authorize staff to proceed with distributing directives to departments, agencies, boards and commissions as presented. Councillor Fitzpatrick expressed the view, as dealing with a deficit as high as that projected would mean dealing with personnel, it would be wrong to do that in open session of Council. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 18. Minimum Property Standards / Dangerous & UnsiQhtlv Bv-Iaws - Discussions With Province On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager providing, for Council's information, the status of staff's discussions with the Province of New Brunswick respecting the Minimum Property Standards By-law and the Dangerous and Unsightly By-law, and submitting two pieces of correspondence recently received which generally outline the status of the requested changes, be received and filed. Question being taken, the motion was carried. 19. TenderinQ Process - Construction Contracts On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the report from the City Manager outlining the tendering process for construction contracts and providing a summary of data on contracts since 1998, a review of the process being undertaken by staff to include (1) assessment of the particular processes utilized in other jurisdictions, (2) consultation with the National Institute of Governmental Purchasing, the Association of Professional Engineers and Geologists of New Brunswick and the Construction Association, (3) consultation with the City Solicitor, the Purchasing Agent and other City staff, and (4) research on the topic generally; noting that a project to update General Specifications is well underway, and advising that, upon completion of the review, staff will report back with recommendations, be received and filed. Question being taken, the motion was carried. 20. MillidQeville Wastewater Treatment Plant Expansion On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager updating Council on the status of the Millidgeville wastewater treatment plant expansion project, a tender for this project to be advertised in the August 20 and 21,2002 issues of the Saint John Telegraph and the New Brunswick Telegraph Journal and a publicly advertised information session planned for this project prior to the start of construction, be received and filed. Question being taken, the motion was carried. 89-225 COMMON COUNCIL AUGUST 19, 2002 21. North End SeweraQe Scheme On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager updating Council on the status of the North End sewerage scheme, with construction of the Taylor Avenue/MacLaren Boulevard/Sandy Point Road area sanitary sewer and watermain project anticipated to begin in the fall of 2002 and continue until November 2002 with the contractor returning in the spring of 2003 to complete the work; submitting a copy of the advertisement for the public information session to be held on August 26, 2002 and a copy of an information notice to be distributed to residents and businesses in the area on August 20, 2002, and inviting Council to attend the public information session, be received and filed. Question being taken, the motion was carried. 22. Tender For Contract 2002-30 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Contract 2002-30, City Road (Route 100) asphalt resurfacing, Provincially Designated Highways Improvement Program, be awarded to the low bidder, Lafarge Canada Inc., at the tendered price of $158,558.60, as calculated based on estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 23. Traffic Bv-Iaw Amendment - ParkinQ On Todd Street On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager referring to the policy adopted by Council on March 8, 1999 that where a street is less than 10.8 metres wide the Traffic By-law may be amended to restrict parking to one or both sides, if required, and advising of a request from Glen Falls Elementary School, as well as calls from residents, to restrict parking on Todd Street which is 9.1 metres wide and on which parking is currently permitted on both sides with the exception of approximately 10 metres on the west side (school side), at the Rothesay Avenue end of Todd Street (opposite the driveway to Discount Car and Truck Rentals); also advising that a review of the situation has concluded that restricting parking on the west side of Todd Street would allow for two-way traffic, better street maintenance and snow plowing, and a more safe street for residents; and recommending that the Traffic By-law be changed to provide for no parking anytime on the west side of Todd Street from Rothesay Avenue to Simpson Drive and that the proposed change referred to the Legal Department for preparation of the By-law amendment, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 24. Pipe Crossing Agreement - New Brunswick Southern Railwav Company Limited - Rockv Bluff Terrace Read a report from the City Manager submitting a proposed Pipe Crossing Agreement with New Brunswick Southern Railway Company Limited with respect to the City's installation of a new 300 mm storm sewer from Seacliff Drive to Driscoll Drive along Sand Cove Road, crossing a New Brunswick Southern rail line in the vicinity of Rocky Bluff Terrace, the City having applied to New Brunswick Southern for permission to construct, operate and maintain the storm sewer line under and across New Brunswick Southern's right-of-way located at mileage .98 of the West Saint John Spur. 89-226 COMMON COUNCIL AUGUST 19, 2002 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) the City of Saint John enter into the Pipe Crossing Agreement subject to the terms and conditions as outlined in the submitted Agreement, dated June 18, 2002 between New Brunswick Southern Railway Company Limited and the City of Saint John, and (2) the Mayor and Common Clerk be authorized to execute the Pipe Crossing Agreement. Question being taken, the motion was carried. 25. Amendment To Council Resolution Re 1099 Kennebecasis Drive Consideration was given to a report from the City Manager referring to Common Council resolution of October 2, 2000 settling a long-standing dispute with Maber & Somerville Joint Venture Ltd. as to the title of certain lands between the Kennebecasis River and Kennebecasis Drive near the ferry landing, one of the conditions of settlement being that three lots - 97-35, 97-36 and 88-24, in the adjacent Kennebecasis Bay Estates development would not be sold or built upon until the City, in its opinion, can provide an adequate supply of water and this condition was also contained in an agreement which was registered on each specific lot; and submitting a copy of a letter from the solicitor for Maber & Somerville Joint Venture Ltd. requesting that Lot 94-55 be exchanged for Lot 97-35. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) Common Council amend its resolution of October 2,2000 pertaining to 1099 Kennebecasis Drive by deleting where it occurs "Lot 94-55" and substituting therefor "Lot 97-35", and all other aspects of the resolution remain the same, and (2) the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 26. Extension Of Sublease - 15th Floor Of City Hall On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John sublease a 711 square foot :t portion of the fifteenth floor of 15 Market Square (City Hall) to The Night Shift Answering Service Ltd. (Directors' Choice) on a month-to-month basis commencing September 1,2002 on the terms and conditions contained in the submitted sublease, and the Mayor and Common Clerk be authorized to execute sublease agreement. Question being taken, the motion was carried. 27. Irving Oil/TransCanada Grandview Cogeneration Project & Status Of Other Major EnerQV Projects On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the report from the City Manager summarizing the Irving Oil/Trans Canada Grandview Cogeneration Project proposal to install two electrical-generating, natural gas fired turbines to complete the transition to cogeneration at the Irving Oil Refinery, on which the Minister of Environment and Local Government will soon make a determination regarding the appropriate environmental impact assessment process to be followed; and providing information on the status of the NB Power Coleson Cove orimulsion refurbishment project, the NB Power Point Lepreau refurbishment project, and the Irving Oil/Chevron-Texaco Canaport LNG project, be received and filed. 89-227 COMMON COUNCIL AUGUST 19, 2002 Question being taken, the motion was carried. 28. Tender For Exterior Renovations And Painting ReversinQ Falls Visitor Information Centre/Restaurant On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Mike Cavanagh Homes Inc., in the amount of $38,636.55 (tax included), be accepted to do the exterior renovations and painting at the Reversing Falls Visitor Information Centre. Question being taken, the motion was carried. 29.Tender For Fire Department Bunker Gear On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the tender of Polaris Fire and Safety Ltd. be accepted for the supply of 40 sets of Fire Department bunker gear at a cost of $1,599 per set, for a total cost of $63,960, plus tax. Question being taken, the motion was carried. 30. Tender For Motorized LiQht Equipment On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender for the supply of new motorized equipment for the Engineering and Water and Sewerage Divisions of the Municipal Operations Department be awarded to the lowest bidder in each case as follows: Tender Item Bidder 231001T 3 passenger sedans Dobson Chrysler 232002T 1 % ton extended cab 4 x 4 pickup Downey Ford Sales 232003T 1% ton 4 x 4 pickup with plow Downey Ford Sales 232004T 1 % ton cab & chassis with service body Downey Ford Sales Unit Price $20,883.00 $39,902.00 $32,395.00 $33,879.00 - all above unit prices subject to 15% HS1. Question being taken, the motion was carried. 31. Tender For Uniform ClothinQ On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender submitted by R. Nichols Distributors Inc. be accepted for the supply of uniform clothing for the Fire Department, as indicated in the submitted bid summary, for the total cost of $36,125, plus tax. Question being taken, the motion was carried. 89-228 COMMON COUNCIL AUGUST 19, 2002 32. Proposal For Cellular Phones On motion of Councillor Fitzgerald Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the proposal submitted by NBTel/Aliant Telecom Ltd. be accepted for the supply of cellular phones and all associated services to the City of Saint John, and further that Council recognize the excellent service provided by NBTel by naming it the official supplier of cellular equipment and services to the City of Saint John for a period of not less than 5 years. Question being taken, the motion was carried. *32A. Acquisition Of Land On Russell Street For One-Mile House InterchanQe Project On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the City of Saint John (1) increase the 2002 Capital Budget by $450,000 (plus HST, if applicable), and with regard to the One-Mile House interchange project (2) acquire the fee simple interest in 20-26 Russell Street (PID Number 19471) from Atlantic Packaging Products Ltd., for $450,000 (plus HST, if applicable), on or before October 30, 2002, provided no environmental issues arise out of a phase one environmental assessment to be undertaken by the City of Saint John on or before October 15, 2002, and the Mayor and Common Clerk be authorized to sign the submitted Offer of Purchase. Question being taken, the motion was carried with Councillor Titus voting "nay". *32B. Tender For Contract 2002-11 On motion of Councillor Titus Seconded by Councillor Court 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: AND FURTHER that the tender of Nautilus Construction be rejected on the basis of the Company's failing to bid Item B7 - (Closed Circuit TV Video Inspection): AND FURTHER 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 Teed advised that he could not support the motion in that, in his view, the whole procedure calls for cancelling all of the tenders and starting new ones, but the real concern was the matter of $70,000 and he did not think there was any violation of the contract and, if there were a violation of the contract in the low tender, there was a violation of the contract of the person to whom it was proposed to give it to as he did not specify in accordance with the specifications of the tender; and explained the reason for his opinion in the latter regard. Question being taken, the motion was carried with Deputy Mayor White and Councillor Teed voting "nay". 33. Application Of M. Charlebois - Translation Services Read a report from the City Solicitor advising that it was now in order for Council to authorize payment of the Patterson Palmer account as submitted, for 89-229 COMMON COUNCIL AUGUST 19, 2002 translation services in order for the City to respond to the application filed in the Court of Queen's Bench by M. Charlebois. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that authority be granted for the payment of the submitted account of Patterson Palmer, in the amount of $9,087.69, with regard to Mario Charlebois translation service/Official Languages Act. Question being taken, the motion was carried. 34. Municipal Plan Amendment & Re-ZoninQ 77-91 Leinster Street Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Charles E. Cavanagh for property located at 77-91 Leinster Street, and no written objections were received in this regard. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the application of Charles E. Cavanagh for a Municipal Plan amendment and re-zoning of property located at 77-91 Leinster Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, September 23,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillors Ball and Fitzpatrick withdrew from the meeting as they were not present for the August 6, 2002 public hearings for the proposed re-zoning of property located at 17 Robinson Street and 646-648 Westmorland Road.) 35. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 17 Robinson Street On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By-law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a property situated at 17 Robinson Street (PID Numbers 00024885 and 00024919), having an area of approximately 1350 square metres (14,532 square feet), from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-599 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. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a property situated at 17 Robinson Street (PID Numbers 00024885 and 00024919), having an area of approximately 1350 square metres (14,532 square feet), from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 89-230 COMMON COUNCIL AUGUST 19, 2002 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property to a multiple dwelling with no greater than five apartment units. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John". 36. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 646-648 Westmorland Road On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-600 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 646-648 Westmorland Road (a portion of NBGIC Number 303545), having an area of approximately 5 acres, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-600 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. 100-600 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 646-648 Westmorland Road (a portion of NBGIC Number 303545), having an area of approximately 5 acres, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the re-zoned area is limited to a senior citizens' apartment development; (b) the developer must pave all new parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities (including catch basins) must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; (d) all utilities, including power and telephone, must be provided underground; (e) the portion of the re-zoned area abutting the lots fronting on Longview Court must consist of a landscaped planting strip with a minimum width of 3 metres (10 feet), and shall include a continuous row of deciduous and/or coniferous trees and a continuous board-on-board fence with a minimum height of 1.5 metres (5 feet); (f) all other disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and the approved site plan must be attached to the application for building permit for the development; and (h) all site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-600 A Law To Amend The Zoning By-law Of The City Of Saint John". (Councillors Ball and Fitzpatrick re-entered the meeting.) 89-231 COMMON COUNCIL AUGUST 19, 2002 37. PlanninQ Advisorv Committee - Subdivision 351 Norris Road On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the Planning Advisory Committee recommending that Common Council assent to a subdivision plan that would vest a 5-metre (16-foot) wide portion of three residential properties along Norris Road, being identified as PID Numbers 00328864, 00390229 and 00433789, exception any portion of PID Number 00433789 that presently contains a portion of the existing septic disposal field for the residence at 351 Norris Road, for public street purposes, as well as vest any necessary public utility easements relating to this subdivision proposal, be laid on the table for further discussion with the applicant. Question being taken, the tabling motion was carried. 38. Proposed Draft Taxi Bv-Iaw Read a letter from Mayor McAlary submitting a draft of a proposed Taxi By-law and advising of the following major changes to the proposed Taxi By-law to which Council gave first and second readings on September 18,2000 as follows: (1) the City would no longer regulate fares, zoned or/and metered, (2) the previously proposed taxi cab operator's fee per vehicle of $400 would be reduced to $250, (3) any member of the Saint John Police Force would be allowed to check taxicabs and drivers for licenses, permits, decals, etc., and it would not just be restricted to the Taxi Inspector; (4) all taxi drivers would be allowed to obtain their permits, licenses, etc. from the Cashier's Office, (5) taxi licenses will expire on the driver's birthday, (6) the only fee scheduled is the rate to and from the Saint John Airport from any area of the City which will be $25 rather than $20 as in the present By-law; and recommending that Council approve first and second readings with referral to the City Solicitor before third reading. The Mayor, having reviewed the proposed changes, advised that she spoke to the City Solicitor prior to this meeting who recommended that, as Council gave the previously proposed By-law first and second readings, Council at this time approve the amended proposed By-law and refer it for third reading in two weeks time and, in the two-week period, the City Solicitor would review it and also, if any issues came up from the taxi industry or the Police Department, they could be addressed. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the amendments to the proposed new Taxi By-law be approved and referred to the City Manager and the City Solicitor for review prior to consideration of third reading at the next meeting of Council. Question being taken, the motion was carried. 39. Vacancy On Saint John Abilitv Advisory Committee On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Teed advising of a vacancy on the Saint John Ability Advisory Committee and proposing that this be referred to the Nominating Committee to bring back a nomination within the next three weeks, be referred to the Nominating Committee. Question being taken, the motion was carried. 40. Membership On Board Of Governors Of UNB Read a letter from Councillor Teed advising that, although by statute the Mayor of Fredericton and the Mayor of Saint John are ex officio members of the Board of Governors of the University of New Brunswick, the University attendance record indicates that over the past several years the Mayor of Saint John has not attended the Board meetings which are usually held in Fredericton and, while it is recognized that the 89-232 COMMON COUNCIL AUGUST 19, 2002 Mayor has a heavy schedule of meetings and often finds she is unable to attend due to other commitments, there should be an official representative of the City attending Board of Governor meetings as the University is a major economic, educational and cultural operation in the City of Saint John and to have the Mayor of Fredericton in attendance but no representative of City Council does not reflect well for this City's interest in the University. On motion of Councillor Teed Seconded by Councillor Court RESOLVED that (a) the City adopt as a policy that the Mayor as a representative of the Council of the City of Saint John be ex officio a member of the Board of Governors of the University of New Brunswick and, in the event she is unable to attend, there be an alternate representative, being a member of Council appointed by Council, (b) this policy be forwarded to the Minister of Education with a request that he take such steps, including the necessary changes in legislation, as will enable this policy to be implemented, and (c) a copy of the policy and the letter to the Minister of Education be sent to Saint John area MLAs for their information and support. The Mayor noted that Council had already dealt with the above matter and received a response from the Minister of Education at its April 2, 2002 meeting. Question being taken, the motion was lost with a majority of the Council members present voting "nay". 41. ProQram For Inspection Of Streets Consideration was given to a letter from Councillor Teed advising that he feels it is significant that the City have a routine inspection procedure for streets as there are numerous cases when failure to have an inspection system to note dangerous situations can lead to liability and, in his view, the City cannot continue to avoid responsibility by saying it did not know about a defect when there is no form of inspection program of any means; suggesting that, if the City cannot afford to have routine inspections or have somebody responsible for inspections, it should seek the assistance of public-minded citizens, such as senior citizens' organizations, to see if they would be interested in developing a so-called block inspection program similar to block wardens and, in this case, there could be block inspectors who would voluntarily periodically inspect given areas of the City and file reports. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the matter of volunteer inspection of streets be referred to the Seniors Advisory Committee to report on the feasibility of an inspection program by volunteers. Councillor Trites noted that Council considered the above matter a couple of months ago and decided not to deal with it in the manner that Councillor Teed was proposing, and advised that again he would not support the motion at this time. Question being taken, the motion was lost with the Mayor, the Deputy Mayor and Councillors Ball, Court, Desmond, Fitzpatrick, Titus and Trites voting "nay". 42. Council MeetinQ Procedure Read a letter from Councillor Teed suggesting that, as there is little provision for a Councillor to ask questions of staff respecting matters under the present by-laws by which Council is governed, an effective procedure should be enunciated to avoid controversy over who can ask whom in that, at present, staff is responsible through the City Manager to inform individual Councillors as a courtesy; and proposing that a policy be instituted whereby each Councillor would be entitled to place on the agenda up to three written questions for staff, such questions to be delivered to the Common Clerk by Wednesday of each week before being placed on the agenda so as to allow an oral or written reply as the staff member determines, and this would not preclude the present procedure whereby a Councillor may raise any subject by a letter to Council setting out the basis of the subject. The letter refers to a further problem in the increasing number of people and organizations who wish to make a public presentation 89-233 COMMON COUNCIL AUGUST 19, 2002 to Council which can invoke discussion or debate, contrary to the present rules of procedure which do not allow for a debate with presenters, and comments on a procedure whereby such can be done effectively by constituting an open committee of the whole meeting to hear presentations, which is distinct from the Mayor presiding at a Council meeting where she is by statute both the Presiding Officer and also the Chief Executive Officer and plays a greater role than a chairperson at a committee meeting; and proposes that future meetings for hearing presentations be on a motion to convene in open Committee of the Whole for hearing of presentations at the end of which a motion to resume to Council would be in order. Councillor Teed proposed a motion, which was not seconded, that the above two policies either be adopted as policies or referred to the by-laws and procedure committee to be incorporated into formal language and presented to Council. 8. Saint John Development Corporation Saint John Waterfront Development Partnership Status Of Harbour PassaQe Project/FundraisinQ Consideration was given to letter from William Grant, President of the Saint John Development Corporation, and John Wallace, President of the Saint John Waterfront Development Corporation, advising that, as per Council's previous resolutions and direction, they have been working closely with City staff to complete the required final design, environmental, engineering and interpretive planning work on Harbour Passage - Phase 1 and Harbour Passage - Phase II, issue a tender for the construction of Harbour Passage - Phase I, and secure the appropriate land access agreements, licenses and permits to enable construction to begin in September on Harbour Passage - Phase I; and submitting information on (1) the Project timelines, (2) Phase I and Phase II capital cost & Project components, (3) maintenance & operating cost estimates; (4) capital fundraising efforts, (5) capital cost fundraising summary, and (6) other related waterfront development fundraising results (non-capital cost contributions), as well as a Harbour Passage brochure and information on the Harbour Passage - City of Saint John Greenway Fund fundraising categories. The letter also advises that, in the 2002 fundraising campaign, they have raised or have received commitments totalling 50% of the capital cost of Harbour Passage - Phase I, or $947,425, and an additional $42,425 towards the capital cost of Harbour Passage - Phase II, for a total of $989,850 in capital funds for Phases I and II, and in addition they have also raised $255,000 to support the operation of the Partnership during the first three years of its mandate (2001 to 2003), $200,000 for the Inner Harbour Land Use Plan & Implementation Strategy, $86,995 to support the final design elements of the Harbour Passage Project, and an additional $68,339 in support of the broader waterfront development initiatives - in summary having raised a total of $1,600,184 (excluding contributions from the City of Saint John); and requesting, in order to enable construction to begin on Harbour Passage - Phase I in September 2002, that Common Council approve the tender recommendations and capital request as provided by City staff in a separate report, which will result in a net capital funding contribution of up to $947,425 by the City of Saint John to Harbour Passage - Phase I (includes non-recoverable HST and Project inspection and administration fees). John Wallace, in addressing Council in the above regard, noted the presence at the meeting of Neil Jacobsen, General Manager of the Partnership, and Charles Swanton and William MacMackin, Directors of the Saint John Development Corporation, and summarized the Partnership's efforts to date in waterfront development initiatives through its various working groups, in particular with respect to the Harbour Passage Project. Mr. Wallace reviewed the plans for and the anticipated cost of the Harbour Passage Project, as well as the results of the Partnership's fundraising campaign, and spoke in support of the City Manager's recommendations with respect to the Harbour Passage Project, in particular to award the contract for the construction of Phase I to Meridian Management, noting that the tendered price was $50,000 less than what was budgeted. 9. Contract 2005-25. Harbour PassaQe - Phase I Read a report from the City Manager referring to Common Council resolution of June 10, 2002 approving the issuing of tenders for Harbour Passage Phases I and II and ratifying the City's financial investment in this project only after final tenders were received, as well as to a separate report at this meeting from the Saint John Development Corporation and the Saint John Waterfront Development Partnership 89-234 COMMON COUNCIL AUGUST 19, 2002 providing the details on the current status of their public fundraising campaign, the proceeds of which are being deposited in the City of Saint John Special Purpose Fund - Saint John Greenway; advising the results of the tender call for Contract 2002-25, Harbour Passage Phase I, and setting out a recommendation for the award of Contract 2002-25 and a financial contribution to Harbour Passage Phase I. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council (1) reallocate the remaining $700,000 previously approved by Common Council in the 2002 Capital Budget identified as "Transportation, Street Improvements - Unspecified" to the Harbour Passage Phase I Project; (2) approve an increase in the 2002 Capital Budget in the amount of $247,425, such monies to be allocated to the Harbour Passage Phase I Project, to bring the total allocation to the Harbour Passage Phase I Project to $947,425; (3) approve that the City of Saint John provide bridge financing until sufficient donor contributions for the Harbour Passage Project are deposited into the Special Purpose Fund - Saint John Greenway; (4) in the event that the City has acquired the right to construct, operate and maintain the Harbour Passage Phase I Project from NB Southern Railway Company Limited, the Saint John Port Authority, Her Majesty the Queen in Right of Canada (Department of National Defence), the Saint John Harbour Bridge Authority and Maritimes & Northeast Pipeline or those land owners have not later than September 23, 2002 provided in writing to the City and to the City's satisfaction, permission to enter upon their respective lands for the purpose of constructing the Harbour Passage Phase I Project, and committed to execute in due course the formal documentation required by the City in that regard, approve the award of Contract 2002-25, Harbour Passage Phase I to Meridian Management Inc., at the total stipulated lump sum price of $1,923,850, inclusive of HST and, in such event, authorize the Mayor and Common Clerk to execute the Contract; and (5) approve the engagement of Daniel K. Glenn Ltd. to (1) provide contract inspection and administration services for the works specified and detailed in the tender documents in an amount equal to 3% of the total stipulated lump sum price of $1,923,850, excluding HST, and (2) should the scope of the services change such that additional design, inspection and administration services are required, such additional work to be paid at 10% of the value of the additional work. Councillor Teed advised his concern about the proposal for a gathering garden at the Fort LaTour site, as well as what appears to be a minimum of parking there in that he envisages Fort LaTour as one of the major attractions in Saint John when it gets going, and also that, as the site would probably be fenced in to protect the area, he did not know if that had been recognized by the pathway which appears as if there is no fencing, and further that he was not clear as to what would happen to the sewer line as there is a major sewer outfall there, thus he was not prepared, at this stage without answers to those concerns, to support the motion. Question being taken, the motion was carried with Councillor Teed voting "nay". 10. Harbour PassaQe - Saint John Port Authoritv Consideration was given to report from the City Manager advising the results of negotiations with the Saint John Port Authority with respect to Phase I of the Harbour Passage Project, the Authority having indicated that it would be providing a license agreement to the City of Saint John upon receipt of a satisfactory plan of survey and, in the interim, has agreed, in writing, to grant the City of Saint John the right-of-way to enter upon Port lands at Long Wharf for the purpose of constructing Harbour Passage. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the City of Saint John name the Saint John Port Authority as co- insured under the City's liability insurance policy for that period commencing with the construction of the Harbour Passage up and until the execution of the license agreement (to operate and maintain a public trail over lands owned by the Port Authority; and (2) during construction of the Harbour Passage, the City of Saint John shall indemnify, 89-235 COMMON COUNCIL AUGUST 19, 2002 protect, defend and save harmless the Saint John Port Authority, its officers, employees and agents from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of the Saint John Port Authority), arising out of the construction of the Harbour Passage over and along lands owned by the Saint John Port Authority, and the Mayor and Common Clerk be authorized to execute an indemnity agreement. Question being taken, the motion was carried. 11. Harbour PassaQe - Department Of National Defence Consideration was given to report from the City Manager advising that Phase I of the Harbour Passage Project will cross the HMCS Brunswicker site owned by the Federal Government - Department of National Defence, as well as over two parcels owned by the Saint John Harbour Bridge Authority and leased to the Department - lot 93-2 for parking purposes with the City having the right to purchase this parcel if it wishes to develop an arterial street connecting Chesley Drive to Station Street although recent traffic studies indicated that this was not a feasible project, and lot 93-4 in an effort to hedge against losing its ability to park in 93-2; also advising that the Harbour Passage final design calls for portions of its storm water treatment area to be built in leased lot 93-4 and the Department is concerned about its future ability to construct parking in this parcel once it has become essentially an engineered wetland and it would be appropriate that the City surrender its interest in lot 93-2 thereby removing any concerns the Department may have with the storm water treatment area located in lot 93-4, and Council will be asked to formally surrender its rights in lot 93-2 once a mutually acceptable license agreement has been finalized. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) the City of Saint John name Her Majesty the Queen (Department of National Defence) as co-insured under the City's liability insurance policy for that period commencing with the construction of the Harbour Passage up and until the execution of the license agreement (to operate and maintain a public trail over lands owned by DND); and (2) during the construction of the Harbour Passage, the City of Saint John shall indemnify, protect, defend and hold harmless DND, its officers, employees and agents from and against all claims, actions, losses, damages, costs, expenses, and liabilities (except those caused solely by the willful or negligent acts or omissions of DND), arising out of the construction of the Harbour Passage over and along the lands owned by DND, and the Mayor and Common Clerk be authorized to execute an indemnity agreement. Question being taken, the motion was carried. 12. Harbour PassaQe - Maritimes & Northeast Pipeline Read a report from the City Manager advising the results of negotiations with Maritimes & Northeast Pipeline concerning the acquisition of the necessary approvals to facilitate the Harbour Passage Project which will cross and parallel the natural gas pipeline, easements and control zone. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, (1) the City of Saint John enter into the Maritimes & Northeast Pipeline Crossing and Paralleling Consent Agreement, subject to the terms and conditions contained in the submitted Agreement, for the purpose of constructing, operating and maintaining a multi-use public trail, and (2) the Mayor and Common Clerk be authorized to execute all necessary agreements, plans and documents required to finalize this Agreement. Question being taken, the motion was carried. 89-236 COMMON COUNCIL AUGUST 19, 2002 13. Harbour PassaQe - License Acquisition. Harbour BridQe Authoritv Read a report from the City Manager advising that Phase I of the Harbour Passage Project will cross land owned by the Saint John Harbour Bridge Authority which is prepared to grant the City a license for the purpose of building, operating and maintaining the Harbour Passage for a nominal annual fee of $10, subject to the Authority reserving service access lanes to perform maintenance and repairs to the underside of the Bridge when necessary; and noting that the paved access known as Fort LaTour Drive has been incorporated into the design of the Harbour Passage and will provide access to a proper turnaround area as well as a parking lot for trail users. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, (1) the City of Saint John enter into a license agreement with the Saint John Harbour Bridge Authority for the purpose of constructing, operating and maintaining a multi-use public trail (Harbour Passage), subject to the terms and conditions contained in the submitted license, and (2) the Mayor and Common Clerk be authorized to execute all necessary documents and plans in relation to this acquisition. Question being taken, the motion was carried. 14. Harbour PassaQe - New Brunswick Southern Railwav Consideration was given to a report from the City Manager advising that NB Southern Railway has agreed to grant the City the right to enter upon lands owned by it for the purpose of constructing, operating and maintaining the Harbour Passage and, although the written consent had not been finalized when this report was prepared, it is anticipated that copies will be made available. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, (1) the City of Saint John name New Brunswick Southern Railway Company Limited (NB Southern) as co-insured under the City's liability insurance policy for that period commencing with the construction of the Harbour Passage up and until the execution of the license agreement (to operate and maintain a public trail over lands owned by NB Southern); and (2) during the construction of the Harbour Passage, the City of Saint John shall indemnify, protect, defend and hold harmless NB Southern, its officers, employees and agents from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of NB Southern), arising out of the construction of the Harbour Passage over and along lands owned by NB Southern, and the Mayor and Common Clerk be authorized to execute an indemnity agreement. Question being taken, the motion was carried. 15. Harbour PassaQe - City Lands On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that a portion of the Harbour Passage will cross lands owned by the City of Saint John as the trail enters upon City-owned land at York Point and extends along the Harbour in front of the Saint John Energy hydro station up to lands owned by the Saint John Port Authority and, while there is currently ongoing discussions with Saint John Energy regarding a funding proposal which may involve the transfer of City land, in the interim the City has clear title to this land and construction can proceed, be received and filed. Question being taken, the motion was carried. 89-237 COMMON COUNCIL AUGUST 19, 2002 16. Harbour Passage - Province Of New Brunswick Earlv Entrv AQreement Read a report from the City Manager advising that the Province of New Brunswick has granted its heritage site approval, as submitted, for the Fort LaTour site for the Harbour Passage Project and subsequently commenced the process of acquiring an O.I.C. which will trigger the generation of a 10-year lease, with a 10-year option, at a nominal annual fee of $10 per annum, to use an area of approximately 1192 :t sq. m., subject to standard terms and conditions including but not limited to release and indemnify and insurance clauses and, as the process to secure an O.I.C. and the resulting lease document could take up to six months and the City desires to commence the Project, the Province has agreed to provide an early occupancy agreement to allow the City the opportunity to have access to the desired portion of the LaTour site. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) the City of Saint John enter into an early occupancy agreement (as submitted), under the terms and conditions contained therein, for the purpose of construction, operation and maintenance of the Harbour Passage; and (2) the Mayor and Common Clerk be authorized to execute the aforesaid agreement as submitted. Question being taken, the motion was carried. 43. 2002 BudQet Projections Read a letter from Councillor Titus noting the 2002 preliminary year-end projection of a $350,000 to $400,000 deficit reported to Council on August 6, 2002 and Council's subsequent direction that staff take the necessary steps to deal with this now, particularly considering that a $3-5 million challenge was anticipated for 2003; and advising that his position is that Council must show leadership on this very difficult challenge and, as an interim measure he would request support to reduce the Councillors' salaries by a percentage appropriate to the financial circumstances now faced. Councillor Titus advised that he placed the above item on the agenda as a logical extension with respect to a previous motion on May 27, 2002 referring to the City Manager the issue of reducing the size of Council; and proposed a motion, which was not seconded, to reduce the salaries of the Mayor, the Deputy Mayor and the Councillors by 10% forthwith. 44. Crosswalks For Golden Mile On motion of Councillor Fitzgerald Seconded by Councillor Titus RESOLVED that the letter from Councillor Fitzgerald noting that in December 2001 the Saint John West Business Association met in open session of Council to express various concerns, one of which was crosswalks for the Golden Mile; advising that, as at this point in time this request has not been dealt with, he would like to know when Council might see this project completed, be referred to the City Manager for a status report. Question being taken, the motion was carried. 45. Sculpture On City Property Consideration was given to a letter from Councillor Teed advising that the giant fiddlehead granite sculpture which greets visitors outside the former ABEC appears to be an excellent addition to City property; however, he was concerned that the structure could be erected on City property without the prior approval of Council, and a careful review of the City records indicates that the Mayor was mistaken when she publicly informed him and members of Council that Council had already dealt with this matter as Common Council has not in any way given any authority or permission or approval of design for a sculpture on ABEC property; referring to a February 2002 89-238 COMMON COUNCIL AUGUST 19, 2002 closed Committee of the Whole when this matter was discussed and certain resolutions were passed respecting further information, the latter which has never been provided. Councillor Teed proposed a motion, which was not seconded, that, in view of the lack of Council policy and of information, Council indicate that it approves the concept of a fiddlehead sculpture at the ABEC building but before any final decision is made it should be informed as to the actual design, ultimate ownership location and safeguarding, if any. 46. FCM National Policy Options Team Request For Per Capita Contribution Consideration was given to a letter from Jack Layton, FCM Past President and Co-Chair of the FCM National Housing Policy Options Team, requesting Council's consideration of a 1.5-cent per capita contribution for fiscal 2002/2003 in support of the Team. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Council support a 1.5 cent per capita contribution for fiscal 2002/2003 to the FCM National Housing Policy Options Team. Councillor Titus asked the amount of the above contribution, and the Mayor advised that she was not sure if Council supported the Team before and suggested that the City Manager could find out the amount involved. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager for a report. Question being taken, the referral motion was carried. 47. Saint John Port Authority - Briefing Council On Issue Of Port Security And PolicinQ Needs Read a letter from Alwyn G. Sop pitt, President and CEO of the Saint John Port Authority, noting that the profile of Port security and policing needs has been raised recently within the community, at the Police Commission, in Common Council and in the press; and advising that, in order to address everyone's concerns, the Authority would like to provide a briefing to the Mayor, Members of Council and the Police Commission on the matter of Port security and policing needs. The Mayor noted Council's July 22, 2002 invitation to the Port Authority and the Police Commission to appear before Council in the above regard and suggested that the presentation could be scheduled for the next Council meeting if Council so wished at which time the Police Commission would also be asked to present, and a motion to that effect was proposed by Councillor Fitzgerald and seconded by Councillor Court. Councillor Titus noted that the above letter also refers to a tour of the Port, and suggested that, after the Police Commission heard the Authority's presentation, the Commission could be invited to address Council the following week to address the issue, and clarified that the Port Authority would make its presentation and the Police Commission could either respond to it at the same meeting or reflect upon it and present to Council on the following week. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the Saint John Port Authority and the Saint John Board of Police Commissioners be invited to address Council at its September 3, 2002 meeting and provide a copy of their presentations to be made at that time. 89-239 COMMON COUNCIL AUGUST 19, 2002 Question being taken, the motion was carried. 48. Saint John Construction Association Inc. Capital Work BeinQ Done Internallv Bv City On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the letter from Patrick D. Darrah of Saint John Construction Association Inc. advising of a concern over the tremendous amount of capital work being done internally by the City, an example being the recent job on McAllister Drive regarding sewerage installation; and asking Council to advise why this did not go to public tender and to send the Association a drawing and specification on this work as the members are interested in a cost analysis, be received and the Mayor be asked to respond. The initial motion proposed by Councillor Fitzpatrick was to refer the letter to the City Manager whereupon the Mayor suggested that she could be asked to write a letter in response, and Mr. Totten indicated his intent to follow up in the above regard. Question being taken, the motion was carried. 49. F. Wayne Jones - Historic Water Works BuildinQ. Leinster Street On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from F. Wayne Jones advising that his note was to lobby Council to preserve and restore by whatever means practical the historic interior of the water works building on Leinster Street, and expressing the opinion that there should be by-laws against the destruction of such a property within City management domain, be received and filed. The initial motion proposed by Councillor Desmond was to refer the letter to the City Manager whereupon the Mayor noted the decision to demolish the building and asked for a motion to receive and file; and, in response to a suggestion that the Preservation Review Board might be interested in the bricks from the subject building as it was in the case of Centracare, Mr. Totten indicated that he would follow up with Heritage Planner Jim Bezanson. Question being taken, the motion was carried. 50. Uptown Saint John Inc. - 2003 BudQet Presentation The Mayor advised that Uptown Saint John Inc. would like to present its 2003 budget at the September 9,2002 Council meeting. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Uptown Saint John Inc. submitting a copy of its Year 2003 budget as approved by its Board of Directors at its meeting on August 1, 2002 and by the Business Improvement Area membership at a membership meeting on August 13, 2002, and requesting that Mike McGraw, President of Uptown Saint John Inc., be placed on the agenda for presentation of the 2003 budget, be received and Uptown Saint John Inc. be invited to present its budget at the September 9, 2002 Council meeting. Question being taken, the motion was carried. 89-240 COMMON COUNCIL AUGUST 19, 2002 51. Penny Alberts - Muzzle Bv-Iaw For DOQS On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Penny Alberts advising of her experience in being chased by a dog, and requesting that Council help in the creation of a muzzle by-law for all medium-to-Iarge size dogs, regardless of breed, and to remind the Police that they are already on patrol so it would not cost any extra to leave the patrol car and enforce the by-law, be referred to the City Manager for a recommendation on those dogs of an aggressive nature which should be muzzled. Question being taken, the motion was carried. 52. LSO Enterprises Ltd. - Re-Zoning Of Property At Harbour Terrace On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the application of LSO Enterprises Ltd. for the re-zoning of property located at Harbour Terrace be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, September 23,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 53. Blair Construction Ltd. - Re-Zoning Of Property In Drurv Cove Area On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the application of Blair Construction Ltd. for the re-zoning of property located in the Drury Cove area be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, September 23,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor advised that the next regular meeting of Council in open session would commence at 7:00 o'clock p.m. on Tuesday, September 3,2002, and declared the meeting adjourned. Common Clerk