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2002-09-09_Minutes 89-251 COMMON COUNCIL SEPTEMBER 9, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of September, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzgerald, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; P. Hanlon, Manager of Water and Sewerage Services; G. Yeomans, Comptroller; D. Price, Project Engineer- Water and Wastewater; 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. David Nicholson, Pastor of Douglas Avenue Christian 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, September 3, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda & *Added Items On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved with the addition of two recommendations from Committee of the Whole earlier this date as items 13A and 13B. Question being taken, the motion was carried. 4 & 5. Land/LeQal/Labour Items On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that agenda items 4 and 5, being letters from the City Manager with regard to City Market rents and the budget process/labour relations, respectively, be referred to Committee of the Whole for consideration on September 16,2002. Question being taken, the motion was carried. 6(a) Zoning By-law Amendment To Re-Zone 345 Boars Head Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at 345 Boars Head Road (portions of PID Numbers 55152599 and 00051771), having an area of 89-252 COMMON COUNCIL SEPTEMBER 9, 2002 approximately 26.5 hectares (65 acres), from "R-1 B" One Family Residential, "R-2" One and Two Family Residential and "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential and "TH" Townhouse classification, to permit a subdivision development consisting of one-family and two-family dwellings and townhouses, as requested by Barsa Ventures Limited, and no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and four letters received from surrounding property owners considered at the Committee's September 4, 2002 meeting at which Richard Turner of Hughes Surveys and Consultants Inc. appeared on behalf of Barsa Ventures Limited in support of the application and indicated that his client was in agreement with the revised recommendation prepared by staff subsequent to the original report and recommendation; noting that a further recommendation would be submitted to Council concerning the subdivision - Cambridge Estates, should first and second readings be given to the re-zoning; and recommending that Common Council re-zone an area of land located at 345 Boars Head Road (portions of PID Numbers 55152599 and 00051771), having an area of approximately 26.5 hectares (65 acres), from "R-1B" One Family Residential, "R-2" One and Two Family Residential and "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential and "TH" Townhouse classification, as illustrated on the submitted diagram prepared by Hughes Surveys and Consultants entitled "Portion of The City of Saint John and Barsa Ventures Ltd. Properties to be re-zoned". Richard Turner of Hughes Surveys and Consultants Inc., appearing in support of the proposed re-zoning on behalf of the applicant, commented on Barsa Ventures Limited and the support received for the proposal, as well as on the proposal itself; noted the presence at the meeting of Walter Perry, Lloyd Teakles and Doug Finlay of the Wesleyan Church with which Barsa Ventures Limited was working closely to ensure that the development plans for its property would complement the future development plans of the undeveloped portion of the Church property adjacent to the subject property; and advised that Planning staff and Planning Advisory Committee's recommendations to Council were acceptable to Barsa Ventures Limited. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-601 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 345 Boars Head Road (portions of PID Numbers 55152599 and 00051771), having an area of approximately 26.5 hectares (65 acres), from "R-1 B" One Family Residential, "R-2" One and Two Family Residential and "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential and "TH" Townhouse classification, 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. 100-601 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-601 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 345 Boars Head Road (portions of PID Numbers 55152599 and 00051771), having an area of approximately 26.5 hectares (65 acres), from "R-1 B" One Family Residential, "R-2" One and Two Family Residential and "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential and "TH" Townhouse classification, 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. 100-601 A Law To Amend The Zoning By-law Of The City Of Saint John". 89-253 COMMON COUNCIL SEPTEMBER 9, 2002 On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the correspondence regarding the proposed amendment be received and filed. Question being taken, the motion was carried. 7. Touchie Engineering - Water And Sewerage Business Plan Review And RevenuelExpenditure Analvsis Consideration was given to a report from the City Manager advising that, further to Council's acceptance in April 2002 of the proposal of Touchie Engineering for a Water and Sewerage business plan review and revenue/expenditure analysis, the Consultant has worked with the Utility Review Team and completed Parts A through D as defined in the Call for Proposals and, in accordance with Part E, is to present to open session of Council an explanation of the methodology used to develop the proposed rates structure and their impact on flat, metered and special accounts, and review and respond to written questions from such customers regarding the application of rate- making principles to the rates that they would pay under the proposals; and recommending that Common Council receive the presentation by Touchie Engineering, as submitted, and receive and file this report. Mr. Groody introduced Project Director Hershel Guttman of R. B. Anderson Associates Limited, and Project Manager John Gallant of Touchie Engineering, who through a computer-aided presentation addressed Council on the first four of the six phases of the review. Mr. Guttman, in noting the presence at the meeting of Technical Specialists R. M. Loudon and Matt Hayes who assisted in the project and the purpose of this presentation to Council, made the observation that, Part F of the review would include a presentation to Council on October 28, 2002 of the final report which would recommend the implementation of a strategic plan for development, a regional approach to Utility services, a cost benefit analysis for universal metering, the formation of a development users group and a large water users group, water and sewerage rates for years 2003-2005 and provide a general projection of rates to the year 2015 and a financial model; and commented on the two types of charges used to recover costs generally, being fixed and volumetric charges, both of which were being used in Saint John. Mr. Gallant apprised Council of the results of the review, in parts A through D respectively, of the City's current rate structure, future funding requirements, the components of rates structures and funding mechanisms for new development and system expansion; and advised that, in Part C, a recommendation would be forthcoming to (1) reduce the number of blocks, initially a one-block reduction from five to four, (2) review the initial charges to ensure cost recovery and (3) complete a cost benefit analysis for the Utility with respect to universal metering; and, in Part D, a recommendation would be forthcoming to use reserve funds for water and wastewater capital cost recovery. Members of the delegation responded to questions in the above regard. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. The Mayor called for a motion to bring forward Uptown Saint John Inc.'s letter under agenda item 24 for consideration with agenda item 8. On motion of Councilor Court Seconded by Councillor Titus RESOLVED that agenda item 24 be brought forward for consideration with agenda item 8. Question being taken, the motion was carried. 89-254 COMMON COUNCIL SEPTEMBER 9, 2002 8. Uptown Saint John Inc. - 2003 BudQet Proposal Mike McGraw, President, Peter Asimakos, General Manager, and Gayle Stevens, Office Administrator, of Uptown Saint John Inc., were present at the meeting with regard to Uptown Saint John Inc.'s 2003 budget proposal, as previously submitted to Council on August 19, 2002, and Mr. McGraw reviewed the 2003 budget proposal which proposed a 1.9 cent levy increase, as well as Uptown Saint John Inc.'s programs and new initiatives, and its intent to focus on key projects in 2002-2003, including the Harbour Passage, festival coordination and mapping out uptown development; and commented on the 5-year breakdown of what Uptown Saint John Inc. needed to accomplish. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that authority be granted for the necessary advertising with regard to the Year 2003 budget of Uptown Saint John Inc. Question being taken, the motion was carried. 24. Uptown Saint John Inc. - Interpretative Panel Project Consideration was given to a letter from Uptown Saint John Inc. advising of its initiation of a project which will see the history of Trinity Royal and specifically significant historic sites within the Business Improvement Area, told through a number of interpretative panels, the purpose of this project being to create a greater awareness of the heritage sites in the uptown area, with the first panel proposed to be located adjoining the sidewalk near the corner of Prince William and King Streets and it is anticipated that the project will be completed within the next six weeks with Uptown Saint John Inc. covering the cost of it; and also advising that Uptown Saint John Inc. looks forward to Council's endorsement of this project. Mr. McGraw noted the interpretative panels on display in the Council Chamber, and asked for Council's endorsement of this project. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that Council endorse Uptown Saint John Inc.'s interpretative panel project as presented. Mr. Asimakos advised the proposed location for the panels and the material of which they would be made. Question being taken, the motion was carried. 9. Proclamation Mayor McAlary proclaimed September 9 to 15, 2002 as the Battle of Britain Week in the City of Saint John. 10. Tender For Contract 2002-29 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Contract 2002-29, Cedar Street water and sewer renewal, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $156,449, 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. 89-255 COMMON COUNCIL SEPTEMBER 9, 2002 11. ZoninQ Bv-Iaw Amendment Re Lot Sizes Read a report from the City Manager referring to Common Council resolution of August 6, 2002 that the City of Saint John change its policy of 1'V4 acres of land to 1 acre of land for a self-contained unserviced housing unit in accordance with the terms of Regulation 80-159 under the Provincial Subdivision Regulation - Community Planning Act and that the developer be required to use the new filtration system for on- site sewerage; and recommending that (1) Council initiate an amendment to the Zoning By-law that would (a) delete Sections 11 0(3)a and 111 (3)(a) and insert "(a) minimum lot area: one family.....4,OOO square metres, two family.....5,400 square metres, other.... .4,000 square metres"; (b) delete Section 11 0(3)b and 111 (3)(b) and insert "(b) minimum lot width: one family.....54 metres, two family......60 metres, other.....54 metres"; and (2) a public hearing date of October 21, 2002 be set and the proposed amendment be referred to the Planning Advisory Committee for a report and recommendation. On motion of Deputy Mayor White Seconded by Councillor Teed RESOLVED that the proposed Zoning By- law amendment with regard to lot sizes be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on October 21,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. Development Proposal - 378 Westmorland Road On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, (1) Common Council agree to provide cost sharing to an amount equal to the value of piping materials actually used in extending water, sanitary sewer and storm sewer services to the midpoint of the property at 378 Westmorland Road on condition that detailed plans are approved by the Chief City Engineer or his designate; (2) Common Council contribute $35,000 to the cost of installing vehicle-activated traffic signals for the development at 378 Westmorland Road on condition that 213 square metres of land are provided for street widening purposes, and detailed plans are approved by the Chief City Engineer or his designate; and (3) the City will consult with CAA or its successor in title and make every effort to provide access to an alternative signal-controlled intersection if the signals were to be relocated. Question being taken, the motion was carried. 13. AmendinQ Resolution - Harbour PassaQe Read a report from the City Manager advising that, further to Common Council resolution of August 19, 2002 awarding Contract 2002-25, Harbour Passage Phase I, to Meridian Management Inc., it has become apparent in securing the necessary approvals and agreements that the Department of National Defence documentation will not be available in the desired timeframe, and it is necessary to modify the said Council resolution to reflect the situation and ultimately allow the awarding of the contract. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council rescind item 4 of its resolution of August 19, 2002 respecting the award of the contract for the Harbour Passage Phase I Project to Meridian Management Inc. and replace it with the following: "(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, the Province of New Brunswick, 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 89-256 COMMON COUNCIL SEPTEMBER 9, 2002 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, upon condition that Meridian agrees to refrain from entering upon the land owned by the Federal Crown (Department of National Defence) until the Federal Crown has granted the City the rights required to that land for the purposes of the Project and further that, if such rights are not granted within a reasonable period, the contract price will be reduced by $60,375, and the Mayor and Common Clerk be authorized to execute the aforesaid Contract and a supplementary agreement confirming the stipulated conditions; and". (Rescinded October 7, 2002 Bk. 89 Pg. 308 ) Question being taken, the motion was carried. *13A. Saint John Industrial Parks Ltd. - FundinQ For Project On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by Saint John Industrial Parks Ltd., the City of Saint John (1) increase the 2002 capital budget by $400,000 and make the appropriate allocation in 2003 to accommodate the Mcilveen Drive Extension Project; (2) pay Saint John Industrial Parks Ltd. $800,000, $400,000 of which shall be payable on or before November 30, 2002 and the balance shall be payable on or before March 30, 2003 in installments as deemed appropriate by the Commissioner of Finance; and (3) authorize Saint John Industrial Parks Ltd. to issue and award a tender for the construction of the extension of Mcilveen Drive to Whitebone Way in McAllister Industrial Park as proposed herein (the Mcilveen Drive Extension Project), provided tender specifications are consistent with City standards and the tendering process is consistent with City policy. Question being taken, the motion was carried. *13B. Land Assemblv - Smythe Street On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the City of Saint John purchase the fee simple interest in PID Number 363044 (27 Rodney Street) from the heirs and beneficiaries of Dennis Boyle for $12,000 plus HST (if applicable); (2) Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close a 550 m2:t portion of Rodney Street as generally shown on the submitted plan; (3) the City of Saint John grant consent to Red Rose Financial Inc., its employees, agents, or contractors to enter upon PID Number 40147 for the purpose of surveys, site assessments and soil tests in relation to the proposed office building subject to an agreement to remediate the land, where disturbed, to a condition equal to or better than existing prior to the soil tests; (4) in the event the City of Saint John acquires title to 27 Rodney Street and the 550 m2:t portion of Rodney Street is stopped up and closed, (a) the City of Saint John sell 27 Rodney Street, the 550 m2:t portion of land being formerly a portion of Rodney Street, and a 440 m2:t parcel on Water Street (identified as "Area 3" on Saint John Port Authority Plan F-12-504 and as generally shown on the submitted plan), to the Saint John Port Authority in consideration for the land known as York Point Slip (shown as "Area b" on Saint John Port Authority Plan F-12-504 and as generally shown on the submitted plan), together with the lease to the Saint John Parking Commission to operate a parking lot; (b) as part of this sale, the City of Saint John will subdivide (if applicable) and undertake a phase one environmental analysis of its lands to be conveyed, and (c) the Mayor and Common Clerk be authorized to execute all related documents; (5) in the event the City of Saint John and the Saint John Port Authority exchange lands as noted above, (a) Common Council rescind its October 2, 1967 resolution to sell property on Smythe Street to the Harbour Bridge Authority, (b) subdivide and sell a 3,600 m2:t portion of the land known as the Smythe Street Parking Lot, as generally shown on the submitted plan, to Red Rose Financial Inc., for $400,000 (plus HST, if applicable) on or before March 31, 2003, subject to a municipal services easement as generally shown on the submitted plan and an option to repurchase the subject property for the purchase price, exercisable by the City in the event site 89-257 COMMON COUNCIL SEPTEMBER 9, 2002 development (meaning: the installation of pilings, the pouring of footings and floor slab for a building foundation of not less than 12,000 square feet) does not commence within 12 months of the title transfer (the remaining 200 m2:t portion of the site to be conveyed if and when the Maritime Trust parcel is acquired); (c) Common Council assent to any necessary municipal services easements; (d) the City of Saint John release its interest in any municipal services easements through the subject property upon the abandonment of the applicable municipal services on or under the subject parcel; (e) Common Council authorize the issuance of a notice to terminate the lease with the Saint John Parking Commission to operate a parking lot on the Smythe Street land (acquired from the Saint John Port Authority); and (f) the Mayor and Common Clerk be authorized to execute all applicable documents; and (6) in the event the land exchange with the Saint John Port Authority is not completed on or before December 31, 2002, (a) the resolution authorizing the closure of a 550 m2:t portion of Rodney Street be rescinded; (b) PID Number 363044 (27 Rodney Street) be conveyed to the heirs and beneficiaries of Dennis Boyle for $12,000 (plus HST, if applicable), and (c) the Mayor and Common Clerk be authorized to execute all related documents. Councillor Teed expressed the view that the manner in which the resolution was drawn up did not protect the interests of the City, and advised that he could not support it the way it was. Question being taken, the motion was carried with Councillor Teed voting "nay". 14. BuildinQ Located At 65 Lake Cove Road Read a report from the City Solicitor advising that, further to his report to Council on May 6, 2002 on the appropriate procedure to follow in the situation with the building located at 65 Lake Cove Road which was constructed too close to the First Loch Lomond Lake and without a building permit having been obtained - contrary to the City's Building and Zoning By-laws, he has been advised that the owner of the subject property, Richard Merzetti, has not complied with the Order served on him on May 9, 2002; and setting out a resolution if Council wished this matter to proceed to the Court of Queen's Bench. On motion of Councillor Titus Seconded by Councillor Teed RESOLVED that the following resolution be adopted, namely: WHEREAS the two-storey building located at 65 Lake Cove Road, Saint John, N.B. (Service New Brunswick PID #350918) was constructed too close to the First Loch Lomond Lake without a building permit having been obtained, contrary to the City's Building By-law and Zoning By-law; AND WHEREAS Mr. Richard Merzetti, the owner of the property, has not complied with an Order from Mr. William Edwards, Building Inspector, that was served on Mr. Merzetti on May 9, 2002 and which required him to demolish the building and remove the debris within 60 days unless in the meantime he had obtained a building permit, a location variance, and any permits or approvals required by the Province of New Brunswick or had obtained a building permit and moved the building to a location where the building is no longer within 150 metres of the Lake and complies with all applicable requirements of the Zoning By-law; AND WHEREAS Mr. Richard Merzetti has not complied with the aforesaid Order that was issued by Mr. William Edwards: RESOLVED that Mr. William Edwards is hereby designated and authorized to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Richard Merzetti to: (1) within 60 days, or within such other time as the Judge may allow, either demolish the two-storey building that is located on this property at 65 Lake Cove Road, Saint John, N.B., and remove the debris, or obtain any municipal and/or New Brunswick permits and/or approvals that may be required and move the building to a location where it is no longer within 150 metres of the First Loch Lomond Lake and complies with all applicable requirements of the City of 89-258 COMMON COUNCIL SEPTEMBER 9, 2002 Saint John Zoning By-law; and (2) pay to the City of Saint John court costs in such an amount as the Judge may allow. Question being taken, the motion was carried. 15. Payment Of Account Re Local 771 Unfair Labour Practice Complaint Read a letter from the City Solicitor advising that the firm of Stewart McKelvey Stirling Scales was retained to represent the City in connection with an unfair labour practice complaint filed by Local 771, and it would now be in order for Council to authorize payment of the submitted account. On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that authority be granted for payment of the account of Stewart McKelvey Stirling Scales as submitted, in the amount of $23,550.61, for legal services in connection with the unfair labour practice complaint filed by Local 771. Question being taken, the motion was carried. 16. Municipal Plan Amendment & Re-ZoninQ 11 KinQ William Road 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 General Freight Carriers Inc. for property located at 11 King William Road, and the submitted written objections were received in this regard. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the application of General Freight Carriers Inc. for a Municipal Plan amendment and re-zoning of property located at 11 King William Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 4,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, September 3, 2002, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Solicitor, the Establishment of the City Solicitor's Office be amended by deleting 1 Legal Assistant position and substituting a .5 Legal Assistant position permanent part-time, effective September 15, 2002. September 9,2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 89-259 COMMON COUNCIL SEPTEMBER 9, 2002 17.1 Amendment To Establishment - LeQal Department On motion of Councillor Titus Seconded by Councillor Teed RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 18. PlanninQ Advisorv Committee - Subdivision 200 Westmorland Road On motion of Councillor Titus Seconded by Councillor Teed RESOLVED that as recommended by the Planning Advisory Committee, Common Council asset to the submitted Fernhill Cemetery Company Subdivision (Lot 02-02), 200 Westmorland Road, and to any required public utility easements. Question being taken, the motion was carried. 19. Affordable HousinQ StrateQV Read a letter from Councillor Teed expressing the view that one of the growing major problems in Saint John is the question of affordable housing, with the growing number of seniors and persons living below the poverty level who cannot afford regular housing; and submitting a CMHC Research Highlights publication on A Guide To Developing A Municipal Affordable Housing Strategy, which sets out administrative steps to creating an affordable housing strategy and recommends creating a strategy task force and subcommittees to guide the whole strategy process. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that Council establish a strategy task force committee to be composed of three members of Council and four members selected from organizations interested in affordable housing, to review the concept of developing a municipal affordable housing strategy in accordance with Research Highlights set out in the CHMC Socio Economic Series 89, dated November 2001, and to report to Council. Deputy Mayor White, Council's representative on Saint John Non Profit Housing Ltd., advised of an initiative being undertaken by Saint John Non Profit Housing, Housing Alternatives and others to bring together not only the above initiative with the Federal Government but other means of bringing affordable housing to the community, and it was his intent to have representatives of Non Profit Housing and/or Housing Alternatives come before Council in this regard this fall, thus he would not support the motion because he did not think there was a need for another committee at this time. Councillor Trites expressed the view that the leadership aspect of development has to come from other groups, and advised that he would not be supporting the motion but would look forward to hearing from the groups in the community and having them tell Council how it could come to their support. The Mayor suggested that it would be much more effective, rather than set up a committee, to join one of the groups referenced by the Deputy Mayor. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the above matter be laid on the table until Council hears from the group referred to by the Deputy Mayor. Question being taken, the tabling motion was carried with Councillor Teed voting "nay". 89-260 COMMON COUNCIL SEPTEMBER 9, 2002 20. Saint John Taxicab Bv-Iaw I SmokinQ In Taxis Councillor Teed proposed a motion, which was not seconded, that, as it is recognized that tobacco smoke can cause health problems to non-smokers and many taxi passengers object to using a taxi when smoking has been permitted, the City of Saint John Taxicab By-law be amended by adding a provision that no driver or passenger shall smoke cigarettes while in a taxi licensed by the City of Saint John and this addition be referred to the City Solicitor to integrate it into the present By-law and such be then returned for enactment. Councillor Trites proposed a motion, which was seconded by Councillor Titus, to refer the above matter to whatever process is put in place to deal with the Smoking By-law, and the Mayor accepted the motion as a referral to the City Manager and the City Solicitor to deal with in the process of preparing a report on a smoke free by-law. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Manager and the City Solicitor to deal with in the process of preparing a report on a smoke free by-law. Question being taken, the motion was carried. 21. SmokinQ In City Vehicles Consideration was given to a letter from Councillor Teed proposing a resolution, as recent presentations and discussions about cigarette smoking have brought out that there is no Council policy with respect to City operations and smoking and it appears that no smoking policy has been adopted for City-owned or licensed vehicles, that City Council does hereby adopt as a policy governing the use of any City vehicle that no operator or passenger who is an employee of the City shall smoke while in or while using a City vehicle and violation of such policy can be subject for disciplinary action. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Manager and the City Solicitor to deal with in the process of preparing a report on a smoke free by-law. Question being taken, the motion was carried. 22. Elimination Of CiQarette Butts On City Streets & Sidewalks Councillor Teed proposed a motion, which was not seconded, that the matter of the elimination of cigarette butts on City streets and sidewalks be referred to Uptown Saint John for its views on how the problem can be mitigated, or be referred to the Environment Committee to study the matter and report any feasible action to resolve the problem, and also referred to the City Manager with a request that he report on what action, if any, could be initiated. 23. Carolvn M. Blakelev - AttractinQ New Residents To Saint John On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Carolyn M. Blakeley suggesting, in attracting new residents to Saint John, that Saint John could, if motivated, take an immediate leadership role by taking steps to prevent the importation and burning of orimulsion fuel at Coleson Cove and encourage the use of cleaner burning and readily available natural gas, which would surely earn the City recognition as being environmentally concerned, be received and filed. Question being taken, the motion was carried. 89-261 COMMON COUNCIL SEPTEMBER 9, 2002 25. Three Mile Steakhouse & Pub - SmokinQ Bv-Iaw On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Peter C. Bardsley, President, and Kim A. Hunter, Vice-President of the Three Mile Steakhouse & Pub, urging Council to seek input from the hospitality/business sector before drafting and adopting a proposed new Smoking By-law, and that the City Manager solicit input from the restaurant and bar industry prior to drafting and adopting any new Smoking By-law; and requesting an opportunity to make a presentation to Common Council at a public forum at the earliest convenience, be referred to the City Manager and the City Solicitor to put a process in place whereby Council can hear from the public in this regard. Question being taken, the motion was carried. Adjournment The Mayor advised that the next regular meeting of Common Council on September 16,2002 would commence at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk