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2002-09-23_Minutes 89-276 COMMON COUNCIL SEPTEMBER 23, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of September, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; 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; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B. Morrison, Director of Recreation and Parks; C. Campbell, Planner; 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 Dr. Paul Brown of the Canadian Bible Society offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the minutes of the meeting of Common Council, held on Monday, September 16,2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the agenda of this meeting be approved Question being taken, the motion was carried. 4. Land/LeQal/Labour Items On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Saint John Fire Fighters' Association, Local 771, IAFF, regarding a letter of intent, be referred to Council's representative on the Mutual Interest Committee of the Fire Department. Question being taken, the motion was carried. 5. Land/LeQal/Labour Items On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Saint John Policemen's Protective Association, Local No. 61, CUPE, regarding contract issues, be referred to the Saint John Board of Police Commissioners. 89-277 COMMON COUNCIL SEPTEMBER 23, 2002 Question being taken, the motion was carried. 6(a) Municipal Plan Amendment And (b) Re-ZoninQ - 77-91 Leinster Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), from Medium Density Residential to Approved Commercial Development classification, and (b) the proposed re-zoning of the same parcel of land from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business classification, to recognize the long- existing use of the property as a funeral home and to permit the construction of an addition to the existing building, as requested by Charles E. Cavanagh, and no written objections were received in this regard. 6{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a letter of concern and five letters of support considered at the Committee's September 17,2002 meeting at which Andrew Cavanagh appeared in support of the application and staff recommendation and Brian Thorne of 81 Wentworth Street, an adjacent property owner, objected to the proposed addition in that he felt the proposed attached garage would adversely affect his property; advising of the Committee's adoption of the staff recommendation, as well as yard variances relating to the construction of the garage; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development classification, a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300); and (2) re-zone the same parcel of land from "RM-IF Multiple Residential Infill to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a funeral home. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-C, the Central Peninsula Land Use Plan, a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423, 00018549,55147292 and 55147300), from Medium Density Residential to Approved Commercial Development classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-C, the Central Peninsula Land Use Plan, a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423, 00018549,55147292 and 55147300), from Medium Density Residential to Approved Commercial Development classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". 89-278 COMMON COUNCIL SEPTEMBER 23, 2002 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-602 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act, 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. 100-602 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-602 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 1760 square metres (18,945 square feet), located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), from "RM-1 F" Multiple Residentiallnfill to B-2" General Business classification, pursuant to Section 39 of the Community Planning Act, 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. 100-602 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence regarding the proposed amendment be received and filed. Question being taken, the motion was carried. 7(a) Zoning By-law Amendment To Re-Zone Property At End Of Harbour Terrace The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at the end of Harbour Terrace (private right-of-way - off Moore Street), having an area of approximately 740 square metres (7,966 square feet) and also identified as being a portion of PID Numbers 00028258 and 55007306, from "P" Park to "RM-1" Three Storey Multiple Residential classification, to re-zone the subject area in order to construct a building containing four townhouse units, as requested by LSO Enterprises Ltd., and no written objections were received in this regard. 7{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from a property owner in the area considered at the Committee's September 17,2002 meeting at which Richard Turner of Hughes Surveys and Consultants Inc. appeared in support of the application and staff recommendation; advising of the Committee's adoption of the staff recommendation and granting of the private access approval for the revised tentative subdivision plan; and recommending that Common Council re-zone an area of land located at the end of Harbour Terrace (private right-of-way), having an area of approximately 740 square metres (7,966 square feet), also identified as being a portion of PID Numbers 00028258 and 55007306, from "P" Park to "RM-1" Three Store Multiple Residential classification. 89-279 COMMON COUNCIL SEPTEMBER 23, 2002 Richard Turner of Hughes Surveys and Consultants Inc., appeared in support of the re-zoning on behalf of the applicant and, in expressing agreement with the above recommendation, commented on the status of the development of Harbour Lights Terrace, the property before Council at this time involving four units, and offered to respond to questions in this regard. Gerry Lowe of LSO Enterprises Ltd. appeared in support of his application and, in response to queries with respect to the proximity to the subject property of a trail system and about foundation work having been done on the property, advised that the people who bought the first three units were well aware that there would be a walking trail to Fort Howe in back of their property and, in the latter regard, referred to Common Council resolution of July 22, 2002 authorizing the sale of additional City land to him which was required for the proposed development and giving him permission to conduct foundation work there and co-naming the City in the liability insurance policy. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number C.P. 100-603 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 the end of Harbour Terrace (private right-of-way), having an area of approximately 740 square metres (7,966 square feet), also identified as being a portion of PID Numbers 00028258 and 55007306, from "P" Park to "RM-1" Three Store Multiple Residential 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. 100-603 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By- law Number C.P. 100-603 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 the end of Harbour Terrace (private right-of-way), having an area of approximately 740 square metres (7,966 square feet), also identified as being a portion of PID Numbers 00028258 and 55007306, from "P" Park to "RM-1" Three Store Multiple Residential 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. 100-603 A Law To Amend The Zoning By-law Of The City Of Saint John". 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. 8(a) Zoning By-law Amendment To Re-Zone Property In Drurv Cove Area The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located between Drury Cove Road and Mount Loyal Roadway, having an area of approximately 250 acres and also identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One and Two Family Suburban Residential to "RSS" One Family Serviced Suburban Residential classification, to construct a serviced residential subdivision with approximately 330 lots, as requested by Blair Construction Ltd., and 8{c) letters of objection were received in this regard from D. Gallant, President of N.B. Holdings 504 474, as well as a letter of concern from Mary Stilwell on behalf of Mount Loyal Roadway 89-280 COMMON COUNCIL SEPTEMBER 23, 2002 residents and a letter from Mac Somerville (copies of which were distributed to the Council members at this meeting). 8{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a letter of support and eight letters expressing objections and concerns about the proposal considered at the Committee's September 17,2002 at which Mac Blair and Scott MacDonald attended on behalf of the applicant and Terry Gray, Chairman of Environment Committee, spoke in support of the proposal, and several residents of the Drury Cove and Brookville area expressed concerns about the proposal; advising of the Committee's decision to adopt the staff recommendation with an amendment to part 4 as suggested by the applicant; and recommending that (1) Common Council re-zone an area of land located between Drury Cove Road and Mount Loyal Roadway, having an area of approximately 250 acres, also identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One and Two Family Suburban Residential to "RSS" One Family Serviced Suburban Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that the developer of any lot in the re-zoned area shall pay a levy for the development's portion of the cost of extension of trunk services; and (2) third reading not be given to the proposed re-zoning until a further report is prepared recommending a specific levy amount that has been negotiated with the proponent. Janet Bryson of 56 Mount Loyal Roadway appearing in opposition to the proposed re-zoning and referring to her letter to the Planning Advisory Committee of which a copy was included in the above report, addressed her concern about the possibility of water runoff from the new subdivision, which could carry with it such things as chemicals from the initial blasting and herbicides, pesticides, road salt, gasoline and other contaminants; and asked the City, if it approved this subdivision, to make conditions that would protect the residents' water supply until such time as they got City water by, for example, asking the developer to do regular testing of area wells and monitoring the water for both bacteria and chemical contamination. Ms. Bryson also advised a concern about the possibility of contaminants in the ground water also going into the river through run-off during heavy rains; and asked if the City would benefit financially if it were a case of it building the main trunk and sewer line and the developer subsequently deciding not to develop anything after the ninety-two initial lots proposed. Mary Stilwell of 48 Mount Loyal Roadway indicated that she was not opposed to the Drury Cove development but wanted Council to consider carefully the recommendations made in this regard by experts at City staff's request, referencing the applicant's request for a variance on the 100-foot buffer from the waterway so as to be able to develop and sell lots right down to the water and the comments submitted to Planning staff by the N.B. Department of Environment and Local Government, particularly the Department's suggestion that a parcel of land at least 30 metres wide be retained along the entire length of the development and the river, thereby protecting the water quality as well as providing access to the river for the public. Ms. Stillwell expressed the view that responsibility for beaches in the City should start with Council with the indication that the City did not allow development down to the water. Sue McLeish of Mount Loyal Roadway advised her concern with the proposed development in terms of hiking trails through the area and the access for public purposes put forth by the developer and, referring to an overhead slide of a plan of the subject area, compared it to the plan shown at the Planning Advisory Committee in that most of the green area would run alongside proposed roads, meaning that people using it as a walkway would have private lots on both sides and the green area itself on most of the walkways would be a very narrow strip on the side of the roads. Ms. McLeish pointed out the only trail that was actually accessible at this time on the area of the proposed development, as well as the other large green area toward Mount Loyal Roadway in an area where the developer was apparently not planning to develop for fifteen to twenty years and difficult to access; and made the observation that, if the 100- foot frontage along the water were not kept for public walkways and so on, people would not be able to walk anywhere other than in back or front of someone's house. Ms. McLeish also advised her concern about the effect of blasting in this area of limestone rock on sewerage lines and the water supply, and questioned the effect on the area of such extensive construction, as well as on wildlife in the area. 89-281 COMMON COUNCIL SEPTEMBER 23, 2002 Judy Ball of Mount Loyal Roadway, addressing Council in opposition to the proposed re-zoning, spoke to the concern about sewage from the first ninety-three houses in the proposed subdivision being pumped into the existing eastern sewage collection and treatment system and treated at the Thorne Avenue treatment plant which, according to the Planning staff report, was already operating under capacity both hydraulically and organically and, on a regular basis, the effluent discharge guidelines were not met and raw sewage was bypassed to the forebay during every precipitation event; and asked how the system would be upgraded as the development proceeded and at what cost. Ms. Ball questioned approving a project that would overtax an already overtaxed sewage system and add more pollution to the environment, putting people's health at risk for a few extra tax dollars; and expressed concern about the effect of blasting on wells in the area. Terry Gray, Chairman, Chairman of the Saint John Environment Committee, spoke in support of the general development concept as put forth, at the same time suggesting adjustments that might be appropriate to improve protection to the environment and enhance community amenities, the Committee's comments having been put forth in its letter to the Planning Advisory Committee and submitted with the above report. Mr. Gray, for the purposes of his presentation, focused on servicing, and urged Council to seek ways to appropriately cost share extensions of services to areas where there was significant development potential, with residents in such areas over time paying a large portion of the cost in addition to the regular yearly fees. Mr. Gray expressed the view that, as the receiving treatment plant was at or over its capacity, City staff and the developer should discuss temporary ways of lessening the impact on this plant until a new one was built, and asked that both the City and the developer keep in mind the Committee's concern about the natural areas and open space concepts, as well as the park and ride, bike and walk and commuter trails from the Kennebecasis Valley area through to City work places as development evolves. Malcolm Blair of Blair Construction Ltd., addressing Council in support of the proposed re-zoning on behalf of the developer, spoke to the areas of concern with respect to protection of water supply, general servicing to the area, blasting and the environment, commented in terms of his personal actions in respecting the environment and also on the involvement in the project of another partner, Scott MacDonald as President of a company involved in the clean-up of industrial waste sites; and, with regard to public access, acknowledged the regulation for a 30-metre set back and his awareness of the cost of development of the subject piece of land, noting that, of the 3.3 kilometres of waterfront, 1.4 kilometres, or 42%, would be allocated for land for public use and developed by the developer who would put in trails at the earliest possible date. On the concern about blasting, Mr. Blair noted the large industrial complex neighbouring the subject site - the Brookville Lime Quarry, and the difference between the means of extracting rock in a quarry and what the developer would be doing in the middle of a residential subdivision and, with respect to servicing the area, advised why he believed development was the answer to sewage treatment. With respect to protection of the water supply, Mr. Blair indicated that this would be monitored throughout the development, noting the 15-20 year timetable for the development in that it was hoped that the City would also be able to address the concerns of those citizens who did not currently have services; and, as for the hiking trails, pointed out that an attempt would be made to provide access to the natural environment with a main thoroughfare through the subdivision with a 100-, rather than the normal 66-foot, right-of-way thereby allowing a green buffer on both sides for use as a hiking trail; and encouraged Council to vote in favour of staff's recommendation with which he was in agreement. In response to questions, Mr. Blair confirmed that application had been made for a variance and he would be asking for a water alteration permit in that it was a necessity for a development of this size in the dollars expected from those waterfront lots to help pay for the infrastructure costs; and advised the intent to have restrictive covenants in the deeds, suggesting that a question for the City Solicitor could be whether or not a person, after having been sold a lot, could legally be prohibited from grassing all the way to the shore, and noted that, as for a restrictive covenant with respect to the type of fertilizers, herbicides and so on that could be used in view of the concern about water runoff, whether or not that could be enforced would be a legal question. With regard to the Planning Advisory Committee's recommendation on third reading, Mr. Blair asked Council to assign a date at this meeting so that third reading could be done as earliest possible date, as he was prepared to discuss this matter immediately. 89-282 COMMON COUNCIL SEPTEMBER 23, 2002 On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-604 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of approximately 250 acres, also identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One and Two Family Suburban Residential to "RSS" One Family Serviced Suburban Residential classification, pursuant to Section 39 of the Community Planning Act, be read a first time. In response to questions, Mr. Baird noted that, while the development proposal did not have all of the shoreline protected, it did have a substantial area both in total acreage and the total length of the development that was dedicated to public space; and made the observation that, as the land concerned is very rugged, in many cases the lots themselves would be a hundred feet or more above water level; so, while there might be access, from a practical perspective in many of these cases there would not be lawns running down the shoreline; and advised that, while trails have not been provided along a hundred percent of the shoreline, they have been provided in alternate areas, in some cases along the additionally wide public rights-of-way for roads, so they would be continuous throughout the development, as well as along the edge of the development. The difference in estimates for servicing the development as carried out by the developer's consultant and Municipal Operations was broached, and Mr. Groody advised that, while Engineering staff needed more information and to review the details with the developer, staff believed the cost to be closer to $1.5 million than $600,000. A request was made for information, before third reading, on whether or not the City would be in a position to recover the necessary funds from the developer to meet the financial needs each year to pay down a debt to extend services, as well as on the estimated cost to maintain the system of walkways proposed. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-604 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that the by-law entitled, "By- law Number C.P. 100-604 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of approximately 250 acres, also identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One and Two Family Suburban Residential to "RSS" One Family Serviced Suburban Residential classification, pursuant to Section 39 of the Community Planning Act, 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. 100-604 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, third reading not be given to the proposed re-zoning until a further report is prepared recommending a specific levy amount that has been negotiated with the proponent, and also until receipt of a cost benefit analysis related to the levy and payback to the City and a report from the City Solicitor on the use of environmentally friendly products being included in the covenant. A three or four week period was proposed in the above regard, and the Mayor indicated that she would not tie the time to that period but rather that the information was being requested as soon as possible. Question being taken, the motion was carried. 89-283 COMMON COUNCIL SEPTEMBER 23, 2002 (Councillors Fitzgerald and Titus withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the correspondence regarding the proposed amendment be received and filed. Question being taken, the motion was carried. 9. Proclamation Mayor McAlary proclaimed September 23 to 29, 2002 as Equal Parents Week in the City of Saint John to raise public awareness of the urgent needs of children for the love and support from parents and their families. 10. BudQet Process & Requested Direction Consideration was given to a letter from the City Manager seeking clarification and direction from Council, further to Mr. Beckett's comments to Council at the last meeting with respect to the financial challenges facing the Municipality for the foreseeable future and in light of the magnitude of changes the administration believed necessary and staff's conclusion that short-term strategies were no longer available to respond; requesting, so that staff was in synch with the wishes of Council, Council to give clear direction in this regard, and suggesting that, as the departmental submissions planned to begin on September 30 would be of little value to Council until such time as Council received a "corporate response" to the issue which would be all encompassing, Council would be well advised to hear from various department heads as to the ramifications of the proposed changes after having received this response. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) Common Council direct the City Manager to prepare for Council's consideration a 2003 Operating Budget for the General Fund with a tax rate of $1.725; (2) individual departmental submissions originally scheduled for September 30 be deferred until such time as Council has received a corporate response to the above- noted direction; and (3) after having received the corporate response to Council's directions, the City Manager be directed to make the arrangements that he feels appropriate to ensure Council is fully apprised of the ramifications of implementing the decisions both on services to citizens and on the workplace environment. (Councillors Fitzgerald and Titus re-entered the meeting.) Question being taken, the motion was carried. 11. Contract 2001-25 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising that Galbraith Construction Ltd., having been awarded Contract 2001-25 for the Lancaster standpipe site works and water and sewer construction at the tendered amount of $482,155 calculated based on estimated quantities, substantially completed the work on June 13, 2002 and the final contact value based on the final quantities, together with necessary additional work or changes, is calculated at $566,417.44, and the $84,262.44 increase is due essentially to a significantly greater amount of lean concrete being required than was originally estimated; and submitting a copy of a letter providing the reasons for the unforeseen additional work as prepared by the project engineering consulting firm, ADI Limited, be received and filed. Question being taken, the motion was carried. 89-284 COMMON COUNCIL SEPTEMBER 23, 2002 12. Water Reservoir On Leinster Street Read a report from the City Manager addressing, further to Harold Wright's letter to Council at its September 16, 2002 meeting regarding the water reservoir on Leinster Street, the rationale as to why demolition of this structure was recommended to Council, with public safety obviously being an issue and, in addition to the deteriorated condition of the building, the old water reservoir, along with the Lily Lake Pavilion and the Beaconsfield fieldhouse, are among a number of buildings/facilities identified by the Facility Management Division as being either too expensive to maintain and/or surplus to the City's needs; advising of discussions between the Commissioner of Buildings and Inspection Services with the Secretary of the Preservation Review Board, Jim Bezanson, to gauge the Board's thoughts respecting the possible restoration of the structure, as well as of further discussions with a private citizen, and also that, while the City could make application to the Federal Government to have the building designated as a heritage structure and should it be so designated it may be eligible for funding from the Federal Government, the funding must be a 50/50 partnership, thus the Municipality or the private sector would have to match Federal contributions, and there were no guarantees that funding would be available for the structure; and also advising the results of quotations received for the demolition of the water reservoir. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the bid price of $9,100 from F. Andrew Simpson Contracting be accepted for the demolition of the water reservoir on Leinster Street, (2) the City Manager be authorized to proceed with demolition, (3) the vacant parcel of land be deemed surplus to the City's needs and offered for sale, and (4) the City Manager's report in this regard be received and filed. Councillor Teed expressed the view that the City was premature in demolishing the building in that it was not dangerous and was apparently still being used by the City for storage, and that a reasonable time period should be given to see what could be done with it. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above matter be laid on the table for a month to allow people who have written in expressing concern a chance to see if they can do anything with the structure. Question being taken, the tabling motion was lost with the Mayor, Deputy Mayor White and Councillors Chase, Desmond, Fitzpatrick, Titus and Trites voting "nay". As to the condition of the reservoir, Mr. Edwards, noting that the City had taken some steps to shore it up so that it would not fall down, expressed the opinion that it was not likely to fall down tomorrow, however, the deterioration of the structure would continue; and advised that the reason for bringing this forward was twofold, first the structure was in a very deteriorated condition and an eyesore and has no particular heritage feature to the exterior, and secondly the City has about 87 buildings and the budget has been overspent by about $200,000 each year for the past five years, thus it was a matter of either putting more money in the budget to maintain the buildings or the City divesting itself of some of them. Question being taken, the original motion was carried with Councillors Ball and Teed voting "nay". 13. Tourism MainelNew Hampshire Research Trip On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager submitting the itinerary for a tourism-related research trip to Maine and New Hampshire from September 24 to September 26, 2002 for four participants representing Tourism Saint John, Venue Saint John, the Saint John Hilton/Saint John 89-285 COMMON COUNCIL SEPTEMBER 23, 2002 Trade and Convention Centre and the Delta Brunswick Hotel who will travel on a PANAM flight, be received and filed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 14. Community Centre ProQramminQ On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the report from the City Manager referring to the August 6, 2002 Council resolution asking the City Manager to suggest ways to reduce or eliminate the deficit position for 2002; and, in suggesting a direction for community centre programming which would reduce expenditures by $50,000 from now until December 31, 2002, proposing that the traditional schedule of the City-operated community centres be changed such that direct City programming would be offered five days per week, Tuesday to Saturday and on Sundays and Mondays the centres would be available for group rentals as was now the case when the City was not using them and, in some instances during Tuesday to Saturday, community groups would be encouraged to operate programs rather than the City; also proposing that the Canada Games Aquatic Centre continue to deliver all community programs at the Millidgeville Community Centre and that the programs offered be based on community demand and be revenue producing, with the Aquatic Centre to be responsible for all personnel costs and the City to provide a community liaison service and continue its responsibility for building costs; and recommending that Council support the community centre programming as proposed, be received and filed and the recommendation be adopted. During discussion Councillor Fitzpatrick noted that he voted against the budget process based on his view that an issue such as this, which was dealing with personnel, should not be discussed in open session; and asked if the City billed the Canada Games Aquatic Centre for costs associated with, for example, electricity and heat, to operate the Millidgeville Community Centre, and if that were taken into consideration in estimating the Aquatic Centre's revenue, and Mr. Totten indicated that he would prefer to come back with a written report in that regard. (Councilor Trites re-entered the meeting.) Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 15. Information MeetinQ - 11 KinQ William Road On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the report from the City Manager advising, further to the September 9, 2002 authorization of the public advertising and referral to the Planning Advisory Committee of a proposed Municipal Plan amendment and re-zoning of 11 King William Road, that an information open house will be held on September 26, 2002 during which time full-size copies of the applicant's plans will be displayed and Planning and Development staff will be present to answer questions concerning the application, be received and filed. Question being taken, the motion was carried. 16. Visit Canada Visitez Project - Rockwood Park On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager responding to a list of questions to Commissioner W. Butler by Councillor Eric Teed related to the Visit Canada Visitez project in Rockwood Park in the event all Council members might be interested in the responses, be received and filed. 89-286 COMMON COUNCIL SEPTEMBER 23, 2002 Question being taken, the motion was carried. 17. PlanninQ Advisorv Committee - 1477 Old Black River Road On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, a cash-in-lieu land for public purposes dedication be accepted for the submitted Doyle Estates Ltd. subdivision (Lot 02-02), 1477 Old Black River Road. Question being taken, the motion was carried. 18. PlanninQ Advisorv Committee - 334 Point Road On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted reduced tentative subdivision plan (Option #2), 334 Point Road, for any required public utility easements, and that the 9.0-metre (30-foot) lot frontage for Lot #2 be placed on the north side of the parent parcel. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 19. Resolutions For Cities Of New Brunswick Association Consideration was given to a letter from Councillor Teed proposing that the submitted draft resolutions with regard to (1) tax rebate for public transportation, (2) tax relief on municipal property, (3) repair of housing deficiencies by tenants, (4) right to share accommodations and improve housing accommodations for persons receiving income assistance, (5) cost of living increases for persons on income assistance, (6) control of scooters, and (7) proposal for payment for certain police services by Federal and Provincial authorities, be approved and forwarded for consideration at the forthcoming meeting of the Cities of New Brunswick Association, such letter having been tabled at the last meeting for consideration of the draft resolutions on an individual basis at this meeting. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that resolutions (1) and (2) be adopted and forwarded to the Resolutions Committee of the Cities of New Brunswick Association for consideration at the forthcoming meeting as follows: (1) WHEREAS public transportation is not only beneficial in reducing air pollution by assisting in keeping cars off streets and is an essential form of transportation for people unable to have a car or use a taxi; and WHEREAS municipal public bus transportation is largely confined to municipal streets not Provincial highways; and WHEREAS the fuel tax for motor vehicles is used in part for assisting in the upkeep of public roads used by vehicles: RESOLVED that the Province of New Brunswick be urged to relieve public municipal bus transportation from the burden of payment of the full fuel tax. (2) WHEREAS municipal real estate is required to pay a Provincial property tax; and WHEREAS municipal real estate receives no benefit from such tax; and WHEREAS the Province has chosen to make some charitable or non-profit real estate exempt both from Provincial and municipal real estate tax; and 89-287 COMMON COUNCIL SEPTEMBER 23, 2002 WHEREAS municipalities are required to provide municipal services to charities owning real property yet receive no tax return; and WHEREAS municipalities are classed as charitable for income tax purposes yet are not considered charitable with respect to their property and must pay Provincial real estate taxes: RESOLVED that the Province of New Brunswick, so long as it allows charities not to pay municipal real estate taxes and often not pay Provincial real estate taxes, be requested to arrange that municipal real properties used for public purposes be exempted from paying Provincial real estate tax. Question being taken, the motion was carried. 20. Resolutions For Cities Of New Brunswick Association On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Councillor Teed submitting, for submission to the Cities of New Brunswick Association's forthcoming meeting, two resolutions with regard to (1) education on the history of Canada, and (2) a hospitality tax, be received and filed. Question being taken, the motion was carried. 21. Revision To Tender Process Read a letter from Councillor Teed proposing a revision to the tender process. Councillor Teed proposed a motion, which was not seconded, that (a) the time of tender opening be changed to midday or morning and this matter be referred to the City Manager for action, (b) a format for a tender committee be established, such to be referred to the Nominating Committee for recommendation, and (c) the matter of a duty Councillor be referred to Committee of the Whole for consideration and report. 22. Format Of LeQal Accounts Read a letter from Councillor Teed proposing a policy respecting the format of legal accounts. Councillor Teed proposed a motion, which was not seconded, that Council adopt as its policy that, in future, all accounts from lawyers engaged by the City be requested to specify the time and rate and the amount charged for each item of service charged and set out for the solicitor's account. 23. Accessibilitv Of Sidewalks Read a letter from Councillor Teed regarding the accessibility of sidewalks for people using wheel forms of transport in view of a small lip or step at the joint of a number of sidewalks. Councillor Teed proposed a motion, which was not seconded, that the matter of the annoyance or inconvenience of this form of construction and the desirable changes to specifications to remove any requirement for such a lip or step be referred to the Ability Advisory Committee and the Seniors Advisory Committee for recommendation. 24. Travel Freeze - City Emplovees Read a letter from Councillor Fitzgerald proposing that, effective immediately, all out-of-Province travel by City employees be terminated for the remainder of the year, unless deemed absolutely essential by the City Manager and approved by Council. 89-288 COMMON COUNCIL SEPTEMBER 23, 2002 Councillor Fitzgerald noted the need, when talking about making cutbacks, for the City to be prudent as to where it spends its money. On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that the above letter from Councillor Fitzgerald be received and filed. Question being taken, the motion was carried. 25. Operational Review Consideration was given to a joint letter from Councillor Titus and Councillor Fitzgerald expressing the opinion that an operational review was essential for the wellbeing of the City in the future. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that Council retain the appropriate expert for an operational review after the budget deliberations are complete. Councillor Trites expressed the view that, if Council were to get into an operational review, it should done so before getting into the budget process and then, as the City would possibly be operating with sixty to seventy less employees, it would be difficult to have anyone review the process until it was seen how that fit into place and flowed. Councillor Fitzpatrick advised that he would not support an operational review until the scope and cost of it was defined and Council was prepared to implement the recommendations. Councillor Court advised that he would rather have a two-year budget plan from the City Manager rather than an operational review at this time, and Deputy Mayor White spoke on the basis that the timing for an operational review was not appropriate and Council should wait until it received the City Manager's two-year plan. Councillor Ball concurred with the suggestion that Council should wait for a time after the budget was completed and look at this matter again; and Councillor Chase proposed an amendment to the motion, which was not seconded, that the City call for proposals on an operational review. The Mayor concurred that, if Council were to move forward in making the necessary cuts to put the budget in order, Council should then wait to see how the results of that worked out next year following which it might still want to do an operational review; and Councillor Desmond also expressed disagreement with the motion on the basis of timing, having asked the City Manager to hold the tax rate and come up with ideas as to how to do that. Councillor Teed advised that he did not know what was meant by an operational review, not having any terms of reference. Question being taken, the motion was lost with the Mayor, Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzpatrick, Teed and Trites voting "nay". 26. Enterprise Saint John - Request To Address Council On Economic Development StrateQV And MarketinQ Plan On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Raymond French, Chair of Enterprise Saint John, requesting an opportunity to address Council in open session on October 7, 2002 to update Council on the development of a regional economic development strategy and marketing plan, be received and Enterprise Saint John be invited to address Council on October 7,2002. Question being taken, the motion was carried. 89-289 COMMON COUNCIL SEPTEMBER 23, 2002 27. FCM - Government Of Canada's Clean Air AQenda On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the memorandum from the Federation of Canadian Municipalities urging Council to pass the submitted resolution calling on the Government of Canada to accelerate the delivery of its clean air agenda, be referred to the Environment Committee for a recommendation. Question being taken, the motion was carried. 28. Town Of Rothesav - Development Of Fundv ReQional Council On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Mary Jane E. Banks, Town Clerk/Director of Administrative Services of the Town of Rothesay, advising of the referral to the next regular meeting of the Rothesay Town Council of Common Council's resolution of September 3, 2002 on the development of a Fundy regional council, be received and filed. Question being taken, the motion was carried. 29. R. G. Wilson - Lack Of Sidewalks On Golden Grove Road On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from R. G. Wilson following up on his concern about children walking on streets rather than sidewalks on Golden Grove Road, taking issue with the previous indication that there were not enough funds to make this happen; noting the petition submitted to Council at the first of this year; and advising that he would like this matter addressed immediately, be referred to the City Manager. Question being taken, the motion was carried. Adjournment The Mayor advised that next meeting of Council would be held on Saturday, September 28,2002 commencing at 8:00 o'clock a.m., to deal with 2003 budget presentations, and declared the meeting adjourned. Common Clerk