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2002-09-30_Minutes 89-294 COMMON COUNCIL SEPTEMBER 30, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth 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 and Teed - and - Messrs. 1. Totten, City Manager; B. Cullinan, Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; 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; G. Yeomans, Comptroller; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the minutes of the meetings of Common Council, held on September 23, 2002 and September 28, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda & *Added Item On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the agenda of this meeting be approved with the addition of a Committee of the Whole recommendation of this date on City Market rents as agenda item 6A Question being taken, the motion was carried. 4. Land/LeQal/Labour Item On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that agenda item 4, being a letter from Saint John Policemen's Protective Association, Local No. 61, CUPE regarding grievances, be received and filed. Question being taken, the motion was carried. Councillor Court, a member of the Saint John Board of Police Commissioners, expressed the view that the letters under agenda items 20 and 23 should be referred to the Saint John Board of Police Commissioners as they refer to Commission business. 89-295 COMMON COUNCIL SEPTEMBER 30, 2002 20. Policv Re Police Guard Of Honour At Funerals 23. Items For Placement On Saint John Board Of Police Commissioners' Non-Public AQenda On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that two letters from Councillor Teed, one proposing that the Board of Police Commissioners be requested to inform Council of the policy as to the provision of a Police Guard of Honour at funerals, who is entitled and who is not entitled, if any, to such and the manner and procedure by which such may be provided; the other proposing that the Board of Police Commissioners be requested to provide Council with a copy of its rules, if any, which govern the conditions and format for placing items on the non-public agenda, be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 5. Land/LeQal/Labour Item The Mayor suggested that agenda item 5, being a report from the City Manager on a proposed land exchange, could be referred to Committee of the Whole next week or dealt with at this time. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to the request in Committee of the Whole on September 9, 2002 for staff to meet with the owner of Ellerdale Investments Ltd. to negotiate a land exchange in response to local residents' concerns about an apartment development on Cullinan Avenue, staff met with John Rocca, the owner of Ellerdale Investments Ltd., to discuss a land exchange at which time Mr. Rocca did not see any value to him in the lands presented and other City parcels were discussed and, although staff was aware that Council was not interested in selling or exchanging 52 St. Patrick Street, that was the only parcel of interest to Mr. Rocca and a land exchange was negotiated which would involve Ellerdale Investments conveying 50 Downsview Drive (PID Number 5505177) to the City in consideration for 52 St. Patrick Street; also advising that staff sees the City having three choices at this time, (1) let Ellerdale Investments Ltd. construct apartments at 50 Downsview Avenue, (2) purchase 50 Downsview Avenue (which will cost at least $214,000), or (3) exchange lands and, although the terms of a land exchange have been negotiated (as submitted), staff prefers choice (1) which has the least financial impact on the Corporation and also staff does not support setting the precedent that the City will buy-out an "unfavourable" development that is permitted in the Zoning By-law; and recommending that Common Council not accept the proposal to exchange lands with Ellerdale Investments Ltd. as outlined in the submitted proposal, be received and filed and the recommendation be adopted. Question being taken, the motion was carried. SA. Land/LeQal/Labor Item On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that agenda item 5A, being a letter from CUPE Local 486 on a collective agreement issue, be received and filed. Question being taken, the motion was carried. 6. Proclamations Mayor McAlary proclaimed October 2002 as Community Inclusion Month in support of the inclusion of persons with intellectual disabilities in the community life of the Municipality, and October 6 to 12, 2002 as Fire Prevention Week in the City of Saint John, with October 12,2002 being Fire Safety Recognition Day. 89-296 COMMON COUNCIL SEPTEMBER 30, 2002 *6A. City Market Rents On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City distrain for rent due and in arrears from Stilwell Foods Ltd. for rental of Stalls A 1 and B1 in the City Market and direct the Commissioner of Finance to engage such services as necessary to effect such distraint and authorize the Mayor and Common Clerk to execute any necessary documentation with respect to the distress; and further that the City distrain for rent due and in arrears from 045255 NB Ltd. for rental of Stalls 16 and 17 in the City Market and direct the Commissioner of Finance to engage such services as necessary to effect such distraint and authorize the Mayor and Common Clerk to execute any necessary documentation with respect to the distress. Councillor Teed expressed the view that, although the City Market was not a shopping centre, unfortunately some of that has crept in and also that, as staff had negotiated and made certain tentative letters, Council should ratify what staff has done before adopting the resolution. Question being taken, the motion was carried with Councillor Teed voting "nay". 7.2003-2004 BudQet Consultation Process Read a report from the City Manager providing information on the following components of the Citizen Engagement Project 2003-2004 to be undertaken in partnership with Service New Brunswick and the University of New Brunswick in an effort to obtain citizen input into the 2003-2004 budget process, further to the report at the September 16, 2002 Council meeting: (1) the consultation questionnaire, (2) the consultation discussion forum, and (3) communications. Mr. Beckett accessed the City's website and demonstrated the manner in which citizens could participate in the City's budget consultation process, and referred to a brochure (copies of which were distributed to the Council members at this meeting) in this regard. Mr. Beckett advised that, having gone live with this program this morning, three completed surveys have already been received; and expressed appreciation for the support received from Service New Brunswick, UNBSJ and City staff in this effort. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 8. Request To Build DwellinQ At 1070 Acamac Backland Road Read a report from the City Manager explaining why, further to the letter received by Council on September 3, 2002 from Dallas Moyer seeking permission to build a dwelling on his property at the end of the Acamac Backland Road adjacent to N.B. Highway No.7 (Martinon By-pass), a dwelling should not be allowed at this location; recommending that Common Council deny this request, and noting the property owner's request to be given an opportunity to address Council prior to its final decision. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council deny the applicant's request to construct a dwelling at 1070 Acamac Backland Road due to the unsatisfactory arrangements for access. Question being taken, the motion was carried. 89-297 COMMON COUNCIL SEPTEMBER 30, 2002 9. Sale Of Former Streets And Fire Lanes To Haldor (1972) Ltd. Consideration was given to a report from the City Manager referring to the closure of an undeveloped portion of Wellington Street, Council on July 23, 2001 having given third reading to the Street Closing By-law amendment, as well as to the proposed vesting and subsequent sale of a fire lane to Haldor (1972) Ltd., Council at the public hearing in this regard on November 5, 2001 having tabled the vesting with the outstanding issue of the unauthorized filling of the land to be resolved; advising that the Building Inspector has advised that the appropriate remediation work has been undertaken and Haldor (1972) Ltd. is now in compliance with the Flood Risk By-law, amounts owed to the City for the repair of the water line have been paid and the indemnity agreement is forthcoming; and recommending that Common Council take from the table the recommendation to vest the fire lane between Wellington Street and Rothesay Avenue and adopt the resolution as set out and, subject to the receipt of an indemnity, proceed with the sale of the subject property. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Council take from the table the recommendation to vest the fire lane between Wellington Street and Rothesay Avenue: AND FURTHER that the fee simple in the so-called "service lane" or "fire lane", described as follows, vest in the City of Saint John subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners: All that certain lot, piece and parcel of land situate, lying and being in The City of Saint John in the County of Saint John and Province of New Brunswick being a portion of a fifteen (15') foot wide lane commonly referred to as a "fire lane" shown on the "Plan of Eastmount Situate at St. John, N.B.", dated July 10, 1915 and filed in the Saint John County Registry Office on July 11, 1916 as File 12 No. 51 and more particularly designated - "Fire Lane" Area - 363 sq.m. on a plan titled "Plan of Survey Fire Lane Closure Block 1, Plan of Eastmount, City of Saint John, Saint John County, N.B.", dated August 27,2001 prepared by Kierstead Quigley and Roberts Ltd. per John F. Quigley, NBLS #297, P.Eng.: AND FURTHER that subject to an indemnity holding the City of Saint John harmless from and against any manner of action or claim arising out of Haldor (1972) Ltd.'s unauthorized activity on the lands as noted in the Council resolution of September 4,2001, the City of Saint John proceed with the sale of (1) the former portion of Wellington Street to Haldor (1972) Ltd. as authorized on September 11, 2000 and amended on December 4, 2000; and (2) the former fire lane between Wellington Row and Rothesay Avenue as authorized on August 7,2001. Question being taken, the motion was carried. 10. Acquisition of 20-26 Russell Street Consideration was given to a report from the City Manager advising that, further to Common Council resolution of August 19, 2002 authorizing the acquisition of 20-26 Russell Street provided no environmental issues arose out of a phase one environmental assessment, the assessment has been undertaken and did not reveal anything that one would not expect to find with a 1960 vintage building, and staff recommends proceeding with the acquisition. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, with no unexpected environmental issues having arisen out of the Phase One Environmental Assessment of 20-26 Russell Street (PID Number 19471), the City of Saint John proceed with the acquisition of 20-26 Russell Street as authorized by Common Council resolution of August 19, 2002. Question being taken, the motion was carried. 89-298 COMMON COUNCIL SEPTEMBER 30, 2002 11, 12, 13. Acquisition Of Property For Municipal Services Easements - 47 Charles Street 60 Willow Roadwav. 36 Willow Roadwav On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the City of Saint John acquire a 1082 m2 :t municipal services easement over a portion of PID Number 326892 - 47 Charles Street East, as generally shown on the submitted plan, for $2,705.00 (plus HST if applicable), from Ms. Bessie Barry, subject to the following: (A) the City of Saint John will prepare and pay for any plan of subdivision; (B) the City of Saint John will pay to a maximum of $300 for legal fees incurred by Ms. Barry to finalize this transaction; (C) the City of Saint John name Ms. Barry as co-insured under the City's liability insurance policy for that period commencing with the construction of the 200-mm water main up and until the acquisition of the easement, and protect, defend and save harmless Ms. Barry against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful act of neglect or omission of Ms. Barry) arising out of construction of the 200- mm water main; (D) Common Council assent to a 1082 m2 :t municipal services easement as generally shown on the submitted plan; and (E) the Mayor and Common Clerk be authorized to execute an indemnity agreement, or any other necessary documents/plans to finalize this transaction: AND FURTHER that as recommended by the City Manager, the City of Saint John acquire a 375 m2 :t municipal services easement over a portion of PID Number 55049237 - 60 Willow Roadway, as generally shown on the submitted plan, from Mr. and Mrs. Glen Russell, for $937.50 (plus HST if applicable), subject to the following: (A) the City of Saint John will prepare and pay for any plan of subdivision; (B) the City of Saint John will pay to a maximum of $300 for legal fees incurred by Mr. and Mrs. Russell to finalize this transaction; (C) the City of Saint John name Mr. and Mrs. Glen Russell as co-insured under the City's liability insurance policy for that period commencing with the construction of the 200-mm water main up and until the acquisition of the easement, and protect, defend and save harmless Mr. and Mrs. Russell against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful act of neglect or omission of Ms. and Mrs. Russell) arising out of construction of the 200-mm water main; (D) Common Council assent to a 375 m2 :t municipal services easement as generally shown on the submitted plan; and (E) the Mayor and Common Clerk be authorized to execute an indemnity agreement, or any other necessary documents/plans to finalize this transaction: AND FURTHER that as recommended by the City Manager, the City of Saint John acquire a 72 m2 :t municipal services easement over a portion of PID Number 55006951 - 36 Willow Roadway, as generally shown on the submitted plan, from Mr. and Mrs. Frank Collins, for $180.00 (plus HST if applicable), subject to the following: (A) the City of Saint John will prepare and pay for any plan of subdivision; (B) the City of Saint John will pay to a maximum of $300 for legal fees incurred by Mr. and Mrs. Collins to finalize this transaction; (C) the City of Saint John name Mr. and Mrs. Collins as co- insured under the City's liability insurance policy for that period commencing with the construction of the 200-mm water main up and until the acquisition of the easement, and protect, defend and save harmless Mr. and Mrs. Collins against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful act of neglect or omission of Ms. and Mrs. Collins) arising out of construction of the 200-mm water main; (D) Common Council assent to a 72 m2 :t municipal services easement as generally shown on the submitted plan; and (E) the Mayor and Common Clerk be authorized to execute an indemnity agreement, or any other necessary documents/plans to finalize this transaction. Question being taken, the motion was carried. 14. Sale Of Property At Blue Rock Court & Cheslev Drive Read a report from the City Manager advising the results of the negotiations with Canterbury Developments Ltd., further to Common Council resolution of April 8, 2002 on the results of the proposal call for a number of City-owned parcels of land and instructing staff to open negotiations with Canterbury Developments Ltd. for Site E/F Chesley Drive, 315 Metcalf Street, Foulis Court/Pugsley Avenue and Blue Rock 89-299 COMMON COUNCIL SEPTEMBER 30, 2002 Court), the list having been narrowed down to two parcels - Site E/F Chesley Drive and Blue Rock Court. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) the City of Saint John sell Blue Rock Court (PID Numbers 368076, 367144,365619,367581 and 367573) to Canterbury Developments Ltd. for $15,000, plus HST and legal fees (if applicable) on or before December 31,2002; the City of Saint John retain an option to repurchase the land for the purchase price, exercisable by the City in the event development does not commence within 18 months of title transfer (meaning the servicing of land, site excavation and pouring of foundation(s)); (2) the City of Saint John sell Site E/F Chesley Drive (PID Number 55093983) to Canterbury Developments Ltd. for $20,000, plus HST and legal fees (if applicable) on or before December 31, 2002; the City of Saint John retain an option to repurchase the land for the purchase price, exercisable by the City in the event site development does not commence within 18 months of title transfer (meaning the servicing of land, site excavation and pouring of foundation(s)); Canterbury Developments Ltd. arrange and pay for an amending subdivision plan to vest any required municipal services easements (if required), and Common Council assent to any necessary municipal services easements; and (3) the Mayor and Common Clerk be authorized to sign transfer and related documents. Councillor Teed advised his concern with the procedure, his suggestion being that the person concerned should be given an option for a first refusal so that, if he has not done anything in a year and a half, it would drop, because somebody else might come along within that period with a development idea and the City would be sitting for a year and a half with no commitment, and he could not approve of the concept of getting rid of land with no commitment. As for the year and a half period, Mr. Baird advised that, if the City were dealing with a property in a more volatile market, the time period might be shorter; however, the time limit in question was, given the lack of development in the area, not overly lengthy; and, with respect to the option of buying it back, if at the end of that period no activity has taken place, Council would then have to make a decision on whether or not it wished to buy it back as it would be strictly an option at that point. Question being taken, the motion was carried with Councillor Teed voting "nay". 15. Purchase Of Property 840 Loch Lomond Road Consideration was given to a report from the City Manager advising that, as part of the Loch Lomond Road widening in 2001, the City constructed a retaining wall along the frontage of land owned by Silver Falls United Church, a portion of which, as determined prior to construction, encroaches on lands owned by the Church, and the Church agreed at that time that the encroachment, totalling 128 m2 :t was not an issue and permitted the work to proceed while finalizing the sale of this sliver of land at a later date; and also advising that Real Estate Services was requested to acquire title to this strip of land to finalize the project and offered to purchase it at a unit rate of $10 per m2 subject to Council approval, and the Church agreed to sell at that price. On motion of Councillor Fitzgerald Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John acquire by vesting, upon the filing of a subdivision plan, a 128 m2:t portion of PID Number 313841 - 840 Loch Lomond Road, for public street purposes from the Silver Falls United Church for the sum of $1,280.00 plus HST (if applicable) and, as part of the transaction, the City of Saint John will (1) prepare and pay for the subdivision plan, (2) pay up to a maximum of $300 in legal fees on behalf of the Silver Falls United Church to finalize this transaction, and (3) authorize the Mayor and Common Clerk to sign any document or plan required to finalize this acquisition. Question being taken, the motion was carried. 89-300 COMMON COUNCIL SEPTEMBER 30, 2002 16. Public Process On Proposed No SmokinQ Bv-Iaw On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager referring to the draft of a proposed by-law to prohibit smoking in indoor public places which was before Council on September 16, 2002 at which time Council asked for a recommendation regarding a public process to allow those interested in making representation to Council, a number of letters and emails having been received from citizens, organizations and businesses many of whom requested an opportunity to speak to Council; advising that, as over the next two months it was expected that Council would be intensely involved in the budget process, it was concluded that it would be best to have the public process early in the new year and a more comprehensive report on the process and issues would be provided to Council before the end of this year; and recommending that the public process be scheduled early in January 2003, be received and filed and the recommendation be adopted. The Mayor advised that the people who had sent letters to Council on the proposed by-law would be contacted by the Common Clerk to schedule their presentations at the public meetings to be held in January 2003. Question being taken, the motion was carried. 17(a) Municipal Plan Amendment (b) Re-Zoning By-law & Imposing Section 39 Condition - 77-91 Leinster Street 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, a parcel of land located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), having an area of approximately 1,760 square metres (18,945 square feet), from Medium Density Residential to Approved Commercial Development classification, be read. Question being taken, the motion was carried. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-C, a parcel of land located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), having an area of approximately 1,760 square metres (18,945 square feet), from Medium Density Residential to Approved Commercial Development classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Desmond Seconded by Deputy Mayor White 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 located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), having an area of 89-301 COMMON COUNCIL SEPTEMBER 30, 2002 approximately 1,760 square metres (18,945 square feet), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, be read. Question being taken, the motion was carried. 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", 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. 100-602 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 77-91 Leinster Street (PID Numbers 00009423,00018549,55147292 and 55147300), having an area of approximately 1,760 square metres (18,945 square feet), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business 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 a condition limiting the use of the property to a funeral home. Question being taken, the motion was carried. Read a third 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". 18. Zoning By-law Amendment To Re-Zone Property At Harbour Terrace On motion of Deputy Mayor White Seconded by Councillor Ball 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. Question being taken, the motion was carried. 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", 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. 100-603 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 third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-603 A Law To Amend The Zoning By-law Of The City Of Saint John". 19. LeQal Session Resolution - Non-Waiver AQreement Read a letter from the Common Clerk setting out a resolution from Legal Session of Council on September 23, 2002. 89-302 COMMON COUNCIL SEPTEMBER 30, 2002 On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Solicitor, the Mayor and Common Clerk be authorized to execute the non-waiver agreement with CGU Group Canada Ltd. which was presented to Common Council in Legal Session on September 23, 2002. Question being taken, the motion was carried. 21. Education On History Of Canada On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the City of Saint John inform the Minister of Education that Council fully supports the concept of all New Brunswick citizens being better informed of this country's history and commends any action to ensure the lack of education for this important topic is resolved. Question being taken, the motion was carried. 22. Street Gutter Structures On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Teed advising that, as the recent heavy rain storm following the last Council meeting has amply demonstrated that there is something wrong with the street gutter structures in Saint John, he would like a report as to why this type of basin is used and why it should not be changed so that a realistic dip catch basin can be installed for the betterment of the City and the pedestrians who must walk in rain storms, be referred to the City Manager. Question being taken, the motion was carried. 24. Draft For Metropolitan Saint John Municipalties' Conference Read a letter from Councillor Teed submitting, further to discussion of the matter of a regional councilor other body comprising all the members of the municipal councils in the metropolitan area, a draft of terms of reference for a metropolitan Saint John Municipalities' conference. Councillor Teed proposed a motion, which was not seconded, that Council submit these terms of reference to the other municipal councils in the metropolitan Saint John area with a request that they review same and inform Council if they accept the concept in principle in which event the City would arrange for the first conference meeting. 25. Town Of Quispamsis - Formation Of ReQional Council On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the letter from Catherine P. Snow, Clerk of the Town of Quispamsis, advising that the Council of the Town of Quispamsis, at its September 17,2002 regular meeting, received and filed the correspondence with respect to Common Council's resolution of September 3, 2002 concerning the formation of a Fundy regional council, be received and filed. Question being taken, the motion was carried. 89-303 COMMON COUNCIL SEPTEMBER 30, 2002 26 (a) Hospitality Saint John Inc. (b) Atlantic Air CleaninQ Specialists Ltd. - Smoke Free Bv-Iaw On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letters commenting on the proposed smoke free by-law from (a) Hospitality Saint John Inc., and (b) Atlantic Air Cleaning Specialists Ltd., be referred to the City Manager to advise them of the public process. Question being taken, the motion was carried. 27. Saint John Youth Hockey Association - Subsidization Of Harbour Station Ice Time On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from the Saint John Youth Hockey Association requesting that the City subsidize the amount of $20,360 plus HST to Harbour Station for ice time for the 2002-2003 season, be referred to the City Manager and the Association be requested to submit its financial statement. Question being taken, the motion was carried. 28. EdQar Mallev - Concerns About Land On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Edgar Malley of Ashton Place referring to Mr. Ganong's land in that, while he was to put in crushed rock and good drainage and the land was to stay at the same elevation, it was now already about two feet higher and floods the people around it, be referred to the City Manager. It was noted that the property to which Mr. Malley was referring seemed to be one located on the Golden Grove Road. Question being taken, the motion was carried. 29. Odette McGrath - Property At 460 Latimore Lake Road On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the letter from Odette McGrath advising that it has been brought to her attention that Fundy Bay Holdings situated at 460 Latimore Lake Road has been operating its pit without a permit, and that she would like to know what the City has done to clean up the junkyards situated next to and on the opposite side of Fundy Bay Holdings; asking when the new by-laws were going to be enforced and when work would start on the new amendments discussed with the Mayor and Council; and also advising that she hoped the Mayor and Council members would look into these problems and come up with a solution in the future, be referred to the City Manager. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk