2002-10-21_Minutes
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COMMON COUNCIL
OCTOBER 21, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-first day of October, AD. 2002, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick,
Teed, Titus and Trites
- and -
Messrs. 1. Totten, City Manager; 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; S. Galbraith, Director of Works; P. Hanlon,
Manager of Water and Sewerage Services; D. Logan, Purchasing
Agent; C. Campbell, Planner; D. Harvey, Superintendent -
Municipal Operations; R. Simonds, Deputy Fire Chief; Police
Sergeant S. Patterson; Cogswell, 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 Warren of the
Saint John Foursquare Gospel Church offered the opening prayer.
2. Approval Of Minutes
On motion of Councillor Chase
Seconded by Councillor Trites
RESOLVED that the minutes of the meeting
of Common Council, held on Tuesday, October 15, 2002, be approved.
Question being taken, the motion was carried.
3. Approval of AQenda
The Mayor asked that two proclamations be added to the agenda.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the agenda of this meeting
be approved with the addition of two proclamations.
Question being taken, the motion was carried.
4 & 5. Land/LeQal/Labour Items
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that agenda items 4 and 5, being
letters from Local 771 requesting to meet with Council, and on a matter for arbitration,
respectively, be referred to Committee of the Whole.
Question being taken, the motion was carried.
Proclamations
Mayor McAlary proclaimed October 21 to 27,2002 as Waste Reduction
Week and also as School Bus Safety Week in the City of Saint John.
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6(a) Zoning By-law Text Amendment - Lot Sizes
Suburban Residential Zones ("RS-1 II & RS-1 Mil)
The Common Clerk advised that the necessary advertising was
completed with regard to a Zoning By-law text amendment to allow for the construction
of one-family dwellings on unserviced residential lots having minimum areas of 4,000
square metres and minimum widths of 54 metres in the "RS-1" One and Two Family
Suburban Residential and "RS-IM" One and Two Family and Mobile Home Suburban
Residential zones, as initiated by the City of Saint John.
6{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
October 16, 2002 meeting at which, at the Committee's request, Planning staff made a
short presentation regarding the proposed By-law text amendment, after which the
Committee resolved to adopt the staff recommendation; and recommending that
Common Council not change the provisions of the "RS-1" and "RS-1 M" Suburban
Residential zones.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-605 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) deleting Sections 11 0(3)(a) and 111 (3)(a) and inserting the following: "(a)
Minimum lot area: one-family......4,OOO square metres, two-family.....5,400 square
metres, other.....4,OOO square metres", and (2) deleting Sections 110(3)(b) and 111 (3)(b)
and inserting the following: "(b) Minimum lot width: one-family.....54 metres, two-
family.....60 metres, other.....54 metres", 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. 100-605 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 by-law entitled, "By-law
Number C.P. 100-605 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) deleting Sections 11 0(3)(a) and 111 (3)(a) and inserting the following: "(a)
Minimum lot area: one-family......4,OOO square metres, two-family.....5,400 square
metres, other.....4,OOO square metres", and (2) deleting Sections 110(3)(b) and 111 (3)(b)
and inserting the following: "(b) Minimum lot width: one-family.....54 metres, two-
family.....60 metres, other.....54 metres", 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. 100-605 A
Law To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that the correspondence in
the above regard be received and filed.
Question being taken, the motion was carried.
7(a) Uptown Saint John Inc. - 2003 Budget
(b) Business Improvement Levv Bv-Iaw Amendment
The Common Clerk advised that the necessary advertising was
completed with regard to the request of the Board of Directors of Uptown Saint John Inc.
for Common Council's approval of a budget for the designated Business Improvement
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Area, which includes a special business improvement levy of 14.9 cents per $100 of
assessment for 2003 on business properties within the area designated by Council.
7{a)
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as requested by the Board
of Directors of Uptown Saint John Inc., Common Council approve the 2003 budget for
the Business Improvement Area as follows:
REVENUE
Business Improvement Area Levy
Employment Grants
Bad Debts Recovered
Community Improvement Grant
Capital Interest Urban Development
Miscellaneous Revenue
Total Revenue
$ 220,430
6,000
2,000
24,000
15,000
1,500
$ 268,930
EXPENDITURES
Communications Committee
Urban Design and Planning
Waterfront Development
Marketing Committee
Uptown Development
Program Delivery
Operations
Non Recoverable
Total Expenditures
$ 13,000
24,000
15,000
33,000
20,000
7,500
147,000
9,430
$ 268,930.
Councillor Teed advised that he had great problems with Uptown Saint
John Inc. in that it apparently did not accept that Council could appoint a representative
from Council to the Board and it has items in its budget that he did not think was any of
its business, for example, waterfront development as it involved off-site areas which he
did not think came under its legislation, and he could not support a budget that was
providing for money to go for something which he did not think came within Uptown
Saint John Inc.'s mandate.
Question being taken, the motion was carried with Councillors Fitzgerald
and Teed voting "nay".
7{b)
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-law Number B-114-14 A Law To Amend The Business Improvement Levy By-law",
be read a first time.
Question being taken, the motion was carried with Councillor Teed voting
"nay".
Read a first time the by-law entitled, "By-law Number B-114-14 A Law To
Amend The Business Improvement Levy By-law".
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "By-
law Number B-114-14 A Law To Amend The Business Improvement Levy By-law", be
read a second time.
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Question being taken, the motion was carried with Councillor Teed voting
"nay".
Read a second time the by-law entitled, "By-law Number B-114-14 A Law
To Amend The Business Improvement Levy By-law".
9. Tender For Abrasive Sand
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender for the supply of abrasive sand for the 2002/03 winter season
be awarded to Galbraith Construction Ltd., in the amount of $5.90 per tonne, plus
applicable taxes.
Question being taken, the motion was carried.
10. Tender For Sand And Gravel
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the tender for the establishment of a supply agreement for the
provision of sand, gravel and aggregate be awarded to the lowest bidder for each of the
items tendered, as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
11. Tender For Contract 2002-36
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Contract 2002-36 - closure of Spruce Lake landfill, Phase XI, be awarded
to the low tenderer, Galbraith Construction Ltd., at the tendered price of $89,475.00 as
calculated based upon estimated quantities, and the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
The Mayor noted the presentation included with the City Manager's report
on Contract 2002-36, and Mr. Totten asked that Council provide the opportunity at this
time for Messrs. Groody and Harvey to review some of the charts submitted in order to
provide some appreciation of the amount of money invested and the work done by the
City in the Spruce Lake landfill closure.
Mr. Groody noted that the process started in 1991 in conjunction with the
New Brunswick Department of Environment and, while the anticipated cost had been
about $8.6 million, completed, subject to the engineered wetland working as expected it
would, two years ahead of time at a cost of about $1.8 million less than originally
projected, with the landfill site having been restored to almost natural green space. Mr.
Harvey, through a computer-aided presentation of which a copy was included in the City
Manager's report, related information on the Spruce Lake landfill operation from 1978 to
1997, as well as on the expansion and closure activities, referencing before and after
photographs during his comments; and advised of the long-term commitment to annual
maintenance of engineered cover, monitoring of existing monitoring wells and surface
waters and monitoring and evaluation of engineered wetlands and, as for future uses,
advised that the land was not suitable for residential or industrial development due to
restrictions but could be used for general public recreation.
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12. Residential Infrastructure Assistance
Barsa Ventures Ltd. - Boars Head Road
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council approve Residential Infrastructure Assistance
application #13 - Barsa Ventures Ltd. for development of 20 two-family units in
Cambridge Estates off Boars Head Road, with an estimated expenditure of $60,000 in
2002.
Question being taken, the motion was carried.
13. Lease Of Lands From Exhibition Association
Read a report from the City Manager advising that, further to Council's
March 18, 2002 authorization of the lease of land from the Saint John Exhibition
Association "as generally shown on the submitted plan" for the future Simonds Arena,
the resolution referred to the lease of a 1.2 hectare:t portion of PID Number 307397
and the area shown on the "submitted plan" was actually 1.42 hectares :t ; and also
advising that the lot layout was no longer as generally shown on the plan submitted at
that time in that, while preparing the plan of subdivision the Association updated the lot
layout and the lot has been compressed in an easterly direction, although the lot area of
1.42 hectares is the same and, in order to proceed with the conveyance of the former
Simonds Arena site and the lease for the new site, the March 18, 2002 recommendation
must be amended in order to reflect the proper area and lot configuration.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of March 18, 2002 pertaining to the
lease of land from the Exhibition Association of the City and County of Saint John by: (1)
deleting "1.2 hectares :t " and inserting in its place "1.42 hectares :t "; (2) deleting the
"submitted plan" attached to the report dated March 4, 2002 and inserting in its place
"the plan submitted herewith dated September 30, 2002" , and (3) all other aspects of
the resolution remain the same.
Question being taken, the motion was carried.
14. Street Closing By-law Amendment - Sunnyside Avenue
And Easement Acquisition - 382 Rothesav Avenue
Consideration was given to a report from the City Manager advising that,
as part of the Marsh Creek sewerage scheme - Thorne Avenue to Glen Road, a sanitary
trunk sewer was installed through a number of parcels of land located along Rothesay
Avenue, more specifically, through lands owned by Brunscot Ltd. at 382 Rothesay
Avenue without compensation from the City and, as it is now the intent to renew the
deteriorated trunk line located in the lands located along 368-410 Rothesay Avenue
including the Brunscot Ltd. parcel, Brunscot Ltd. insists that the compensation for the
1970 easement be resolved in order for the City to enter upon its lands; also advising of
the negotiations with Brunscot Ltd. in this regard; and setting out a recommendation for
Council's consideration.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the publishing of a notice of its intent to enact
a by-law to stop up and close a 3,540 m2 :t portion of Sunnyside Avenue (an
undeveloped street off Rothesay Avenue) as generally shown on the submitted plan;
and, if closed, the City of Saint John (1) subdivide the former street (Sunnyside Avenue)
into two lots and convey a 1,770 m2 :t portion to Brunscot Ltd. subject to a 1,590 m2 :t
municipal services easement as generally shown on the submitted plan; (2) obtain from
Brunscot Ltd. a 505 m2 :t municipal services easement; (3) pay Brunscot Ltd. $22,500 (+
HST if applicable) in consideration for Brunscot Ltd. releasing the City of Saint John from
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any claims or actions arising from the installment of the 750 mm sanitary trunk sewer in
the early 1970s; (4) pay up to $500 for legal fees incurred by Brunscot Ltd. to finalize this
transaction; (5) assent to the municipal services easements as shown on the submitted
plan; and further that (6) the Mayor and Common Clerk be authorized to sign all
necessary documentation reserved to give effect to this recommendation.
Question being taken, the motion was carried.
15. Ellerdale Investments Ltd. - Manners
Sutton Place - Condominium Property Act
Read a report from the City Manager referring to the submitted letter from
the Legal Department indicating that John C. Gillis, solicitor for Ellerdale Investments
Ltd., as owner of the lands and premises at Manners Sutton Place Subdivision, has
advised of his client's intent for this development to be governed by the Condominium
Property Act and was requesting that the City give its consent to the Company's action;
and advising that, having had discussions with Mr. Baird, he has concluded that the
recommendation as set out would be appropriate.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the City consents to the
Declaration of Ellerdale Investments Ltd. pursuant to the Condominium Property Act for
Manners Sutton Place Subdivision and the Mayor and Common Clerk execute the
"Consent of Encumbrances" attached to the said Declaration.
Question being taken, the motion was carried.
16. Interim Report - P.R.O. Kids
On motion of Councillor Fitzgerald
Seconded by Councillor Desmond
RESOLVED that the interim report from
the City Manager on the Positive Recreation Opportunities for Kids Program (P.R.O.
Kids) adopted by Council on October 15, 2001, the purpose of this confidential Program
being to provide program and financial assistance to as many children and youth as
possible who, due to a lack of funds, are not able to participate in registration recreation
activities; submitting a list of activities supported by P.R.O. Kids, and advising the intent
to provide a complete report in April 2003 on the 2002 year activities, be received and
filed.
Question being taken, the motion was carried.
17. OrQanizational Renewal
Consideration was given to a report from the City Manager submitting the
memo and policy statement on organizational renewal: Early Retirement / Voluntary
Separation Programs, which, as discussed with Council on October 7,2002, were
forwarded to eligible staff on October 9, the purpose in doing so being to allow interested
employees as much time as possible to consider a possible life-changing decision;
noting the Commissioner of Finance's explanation during the last few years of a
systemic problem that exists with respect to municipal finances and also that the annual
budget documents prepared by the City Manager have consistently pointed out that
Council is essentially faced with two options - either to reduce service levels and
therefore personnel costs or to increase the tax rate, and Council's consistent direction
to staff to bring forth a 2003 budget that contemplates a tax rate of $1.725, the same that
has existed for the last few years; and advising that, given this and the fact that over
60% of the City's expenditures are directly related to personnel costs, it has been
concluded that it is time that the Municipal organization embark on a program of renewal
as described in the submitted memo to employees. The report lists the objectives of the
Organizational Renewal Strategy as follows: (1) a reduction in the number of permanent
employees (positions) resulting in expenditure reductions of over $3 million year after
year, (2) a corresponding decrease in service levels to be clearly articulated in the 2003
budget document, (3) a selective program cessation initiative aimed at meeting Council's
direction to staff regarding the tax rate for 2003, and (4) to increase the financial and
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human resource flexibility of the organization, so as to allow Common Council more
decision-making latitude in the future; and adds that, as a result of input from
employees, certain changes have been made in the policy document originally circulated
on October 9, 2002 - in particular it (a) clarifies that any individual who chooses the Early
Retirement Option will not be eligible for future employment with the Municipality, (b)
provides Common Council with the flexibility to alter the retirement date to beyond June
30, 2003 if, in the opinion of Council, it is appropriate to do so, (c) adds a greater onus
on department heads with respect to identifying the consequences of a decision to
approve an application, with a particular emphasis on identifying the position, or a
resulting vacant position for elimination, and (d) indicates that, as a result of Local 771's
request to the N.B. Labour and Employment Board that the City "stay" the
implementation of the Early Retirement and Voluntary Separation Programs, the
Programs being considered by Council at this time were not being extended to members
of Local 771 and staff was given to understand that a decision from the Board to this
effect would be available prior to this Council meeting. The report addresses the timing
issue in that it is obvious that it will take some time to assess the ramifications of some
or all of the requests and, in some situations, the decisions will be made in consultation
with Common Council as Council and management deliberate the 2003 budget and,
while the City need not commit itself to a specific date, given Council's stated desire to
meet the November 30 budget submission deadline, every reasonable effort should be
made to have every application decided upon by that date; and further advises that the
Commissioner of Finance has advised that he has had very positive discussions with
Provincial staff regarding the issue of spreading out the very significant upfront cost ($5
to $5.5 million) over a number of years, there being precedents with respect to such a
request; and, in concluding, advises that Council should be aware that this initiative
alone will not result in maintaining the same tax rate in 2003 and beyond in that, while
the initiative will have a very significant impact on expenditures by Municipal
departments, it is well known that expenditures related to Police, Transit Services,
Regional Facilities and certain other relatively fixed costs must also be reviewed and
controlled.
Mr. Totten commented in terms of having raised the above issue with
Council two weeks ago on the basis of the importance to him and to Council of having
tools available to exercise some control over the expenditures and, in essence, to assist
in maintaining the tax rate for the ensuing year and, as the Commissioner of Finance
has indicated that to meet the City's expenditure reduction program that it may be
necessary to reduce the complement of staff and therefore personnel costs by as many
as 60 or 80 people and while Council's preference to do so would be through normal
attrition and normal attrition would not provide the results, his suggestion to Council was
to try to speed up the attrition program within the Municipality, thus the proposed
voluntary Programs. Mr. Totten reviewed the changes made in the policy document as a
result of employee input; and, in noting the deadline of October 30, 2002 for filing of
applications for the Programs, advised that, while in some situations the decision might
be quite easy and he would proceed with those as quickly as possible, the decisions on
others would be more significant and only in consultation with Common Council would
the decisions be made, and that would be all part of the 2003 budget process; in other
words, Council would have an indication of the employees' willingness to leave under
certain conditions and would be provided with organizational renewal options and
reorganizations or service level reductions to weigh; and, as to the date, the City might
not commit itself to a specific date; however, given Council's stated desire to meet the
November 30 budget submission deadline, every reasonable should be made to have all
applications dealt with one way or the other by that date. Mr. Totten, in concluding his
comments, advised that the voluntary Programs were attractive for employees, made
financial sense for the Municipality and, in this initial stage, were just one tool available
to Council and there were other tools, in going through the process - whether
terminations or layoffs which were within Council's right to use, on which there would
probably be a series of recommendations; and he asked Council to adopt the Policy on
Organizational Renewal Strategy - Early Retirement Program and Voluntary Separation
Program.
On motion of Councillor Ball
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, Common Council adopt the submitted Human Resources Policy,
"Organizational Renewal Strategy - Early Retirement Program and Voluntary Separation
Program".
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Discussion ensued and Councillor Court, noting a similar reduction
process that Council went through in 1994 as well as a 14.5 cent tax increase in 1998-
99, spoke to his concern that the proposed Policy alone would not result in being able to
maintain the tax rate in 2003 and beyond, and advised that he would have to see a two-
year budget before he could even consider accepting the first-year of a two-year budget.
Councillor Fitzpatrick advised that, in view of a recent Conference Board of Canada
announcement that Saint John had the strongest economic growth in Canada in 2002
and would lead all cities with 4.3% growth in 2002, he felt there was a disconnect in what
the City would be doing in cutting employees and he had a real problem with that, hence
he would not be supporting the motion, and also that he disagreed with the City
Manager's indication in his above report that Council was essentially faced with two
options - to reduce service levels and therefore personnel costs or to increase the tax
rate, as there was a third option, that being to look at generating revenue; and
expressed concern about the impact the proposed Policy would have on services and
what type of guarantee there would be on saving any money at all if Council went
through this process.
Question being taken, the motion was carried with Councillors Court and
Fitzpatrick voting "nay".
8. Saint John Parking Commission - Action Plan For
Implementation Of Residential ParkinQ & Snow Removal Study
Norman Hamburg, Vice Chairman of the Saint John Parking Commission,
as well as Chairman of the steering committee that coordinated the Residential Parking
& Snow Removal Study; Vijay Kawatra, Commission member, and Richard Smith,
Administrator of the Commission, were present at the meeting to present, with Municipal
Operations, the report (previously submitted to Council on October 7, 2002) - Residential
Parking and Snow Removal Study of the Saint John Central Peninsula Phase 2 Action
Plan for Implementation, prepared by the Saint John Parking Commission and Municipal
Operations, Phase I having been initiated in February 2000 with the Residential Parking
and Snow Removal Study of the Saint John Central Peninsula having been presented to
Council by the Commission and DS-Lea Associates Ltd., the consultant, on May 7,2001
at which time Council endorsed the recommendations and requested the Commission
and Municipal Operations to formulate a detailed action plan for implementation in
consultation with community groups and residents. Mr. Hamburg acknowledged
Councillor Desmond as a member of the Commission, noting the intent to hold a public
open house on November 5, 2002 prior to coming back to Council with a
recommendation hopefully on November 18, 2002; and through a computer-aided
presentation, reviewed Phase 1 of the Study, and Mr. Galbraith outlined the City's
current snow plowing operation for the Central Peninsula, illustrating route maps and
equipment used on the various routes, as well as problems encountered in the Central
Peninsula in all snow control operations, whether sanding/salting, plow push back or
snow removal. Mr. Hamburg, in highlighting Phase 2 of the Study, reviewed the
solutions committee's original resolutions, as previously endorsed by Council, as follows:
Snow PlowinQ, Snow Removal and Street CleaninQ - (1) an overnight parking ban after
major storms with options for off-street parking for residents during the ban, and (2)
twice a month alternate side-of-street parking; Residential ParkinQ Permit ProQram - (1)
extend the Program to the friction areas, (2) allow the Parking Commission to extend the
Program without polling residents, (3) restrict owners with off-street parking from the
Program, (4) allow more than one permit per dwelling unit, and (5) allow temporary, or
limited, parking permits available for guests of residents; and noted that the report on
Phase 2 was organized into sections with the first section dealing with the proposed
temporary overnight ban after snowstorms and overnight parking options in the event a
temporary overnight parking ban was involved, the second section describing alternate-
side-of-street parking, and the final section dealing with the implementation of the
Residential Parking Permit Program recommendations. and recommended that Council
(1) receive the Phase 2 Action Plan for implementation, (2) direct the Parking
Commission and Municipal Operations to hold an open house to present the Plan to
residents of the Central Peninsula and receive their input, and (3) present to Common
Council the final recommendations for implementation.
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On motion of Councillor Court
Seconded by Councillor Chase
RESOLVED that as recommended by the
Saint John Parking Commission, Council (1) receive the Phase 2 Action Plan for
implementation, (2) direct the Parking Commission and Municipal Operations to hold an
open house to present the Plan to residents of the Central Peninsula and receive their
input, and (3) present to Common Council the final recommendations for
implementation.
Question being taken, the motion was carried.
18. Planning Advisory Committee -
Subdivision - 1299-1307 Loch Lomond Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
Habib R. Debly Subdivision, 1299-1307 Loch Lomond Road and accept a cash-in-lieu of
land for public purposes dedication for the creation of Lot 02-01.
Question being taken, the motion was carried.
19. Planning Advisory Committee - Subdivision
Assent & Street VestinQ - 340 Metcalf Street
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted subdivision
plan for the property at 340 Metcalf Street with respect to the vesting of two portions of
PID Number 414276 as a public street, as well as to any required municipal services
easements and public utility easements.
Question being taken, the motion was carried.
20. Environment Committee - Accelerating Clean
Air AQenda Bv Government Of Canada
Consideration was given to a report from the City of Saint John
Environment Committee commenting, further to Council's September 23, 2002 referral,
on a resolution submitted by 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; and recommending adoption of the resolution.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the City
of Saint John Environment Committee, the Common Council of the City of Saint John
calls on the Government of Canada to accelerate the delivery of its Clean Air Agenda
and specifically focus on the need to develop and implement a comprehensive Clean Air
Action Plan that will (1) advance scientific understanding of the link between air pollution
and health, (2) provide financial resources to municipal governments for programs that
cut smog and climate pollution, (3) ensure Canadians have access to accurate
information on the quality of their air and on action they can take to reduce their
exposure and their emissions; (4) ensure significant emission reductions from the
transportation sector, and (5) partner with provincial/territorial governments to set
stronger pollution reductions standards for industry and the electric power generation
sector; and
BE IT FURTHER RESOLVED that this resolution be communicated to our Member of
Parliament; Federal Environment, Health and Finance Ministers; Provincial/Territorial
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Finance, Health, Environment and Energy ministers; Federal and Provincial/Territorial
Opposition Leaders; community media and the Federation of Canadian Municipalities.
Question being taken, the motion was carried.
21. Transit Commission - Impact Of Reduced OperatinQ Grant
Consideration was given to a letter from the Saint John Transit
Commission advising that, further to a query at the September 28, 2002 Council meeting
as to the impact of the Commission receiving an operating grant of $2,034,000 - the
same amount as it received in 2002, in order to meet this reduction of $250,000 from its
required funding the following cuts would have to be made: (1) reduce frequency on
Mount Pleasant/South End from 9,500 trips to 6,000 trips per year, (2) eliminate service
in early morning and late evenings on East-West, cutting yearly trips from 19,250 to
17,250, and (3) eliminate service in early morning and late evening on Hospital/UNB,
cutting yearly trips from 13,000 to 11,000, which would result in reductions in annual
savings of 6,750 service hours allowing an elimination of five positions; and also
advising that the Commission has limited its cuts as much as possible, which means that
any unforeseen problems, such as high fuel increases or more than expected ridership
declines, would lead to either further cuts or expenditures over budget.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from the Saint John
Transit Commission advising the cuts that would have to be made to meet a reduction of
$250,000 in its required funding, be referred to the budget process.
Question being taken, the motion was carried.
22. Recreation And Parks Advisory Board
Update To Terms Of Reference
On motion of Councillor Fitzgerald
Seconded by Councillor Court
RESOLVED that the letter from Ray E.
Thompson, Chairperson of the Recreation and Parks Advisory Board, advising that the
Board has spent time revising its Terms of Reference, which were last updated in 1991
and amended in 1992, to better reflect its present duties and reporting relationships and
is proposing that Council adopt the Terms of Reference, as submitted, as the official
Terms of Reference for the Board, be received and filed and Council adopt the
submitted Terms of Reference recommended by the Board.
The Mayor noted that section 3(a) in the proposed new Terms of
Reference indicates that the Board shall advise Council on all matters involving the
Parks and Recreation functions, i.e. new facilities, new programs and policies, and this
differs from section 3(a) in the current Terms of Reference which indicates that the
Board would advise on matters for which Council seeks advice or guidance, and
suggested that Council would not want to get into a position of being unable to set policy
for Parks and Recreation without having the Board tell Council whether or not it could do
so.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager.
Question being taken, the referral motion was carried.
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23. Aquatic Centre/MillidQeville Community Centre
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the letter from Councillor
Fitzpatrick advising that he would like the opportunity to discuss the operation that is
currently underway with regard to the Aquatic Centre/Millidgeville Community Centre,
and to propose referring this matter to the City Manager and appropriate staff to come
back with a report as to a cost analysis of the actual costs to the City and the revenue
generated by the Aquatic Centre, and that, given this could have budget implications, he
would like this information to be included within the budget process, be referred to the
City Manager.
Question being taken, the motion was carried.
24. Closed Session Versus Open Session Items
Read a letter from Councillor Fitzpatrick advising that he would like the
opportunity to discuss the issue of open session Council meetings versus closed session
meetings and revisit Council's decision of the current practice, and that he would be
proposing a motion that would see Council revert to the previous method of handling
land, legal and labour items.
Councillor Fitzpatrick, in giving examples of items considered in
Committee of the Whole that had not been on the open session agenda of Council for
referral, expressed the view that Council should go back to the old way of doing things
as it was going against the policy it previously adopted.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that Council revert to the
previous method of handling land, legal and labour items until such time as Council can
come up with a policy that all can follow.
Councillor Chase advised that he could not support the motion in that he
thought the present method of setting the agenda appropriate and spoke to
accountability to the citizens, as well as to the transparency of the business that Council
conducts, and also the method of business currently being practiced was in keeping with
the intention of the Provincial Government to, in the near future, extend freedom of
information rights to municipal affairs.
Question being taken, the motion was carried with Councillors Chase,
Fitzgerald, Teed and Titus voting "nay".
25. Renewal Of The OrQanization
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the letter from
Councillor Fitzpatrick advising that he would like the opportunity to discuss the City
Manager's proposal on renewal of the organization that was presented to closed session
this past Monday evening, be received and filed.
Question being taken, the motion was carried.
26. Champlain Heights School - Funding
For Natural Outdoor LearninQ Centre
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Green Space Development Committee, Champlain Heights School, submitting a
proposal for the addition of a natural outdoor learning centre at the School, as well as
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other information pertinent to the project; and asking that this be accepted as the
School's application to the Land for Public Purposes Trust Fund for $2,146.09 towards
the completion of the Centre, be referred to the City Manager.
Question being taken, the motion was carried.
27. Arthur R. Watson, Jr. (a) Request To Address
Council On Erection Of Memorial; (b) Charity Dinner
27{a)
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the letter from Arthur
R. Watson, Jr., requesting to speak at a Common Council meeting to get support for a
memorial to be erected in memory of a community member who was taken by violence,
be referred to the City Manager.
Question being taken, the motion was carried.
27{b)
On motion of Councillor Teed
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Arthur
R. Watson, Jr., advising of his desire to hold a pioneers of charity dinner to raise money
and awareness of the United Way and the charities it supports, be received and filed.
Question being taken, the motion was carried.
28. Trinitv Church - Invitation To Ecumenical Service
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from Trinity Church
inviting the Mayor and Council to an ecumenical service to celebrate and give thanks for
the 50-year reign of Queen Elizabeth II, be received and filed.
Question being taken, the motion was carried.
29. Alfred Milton Welch - Re-ZoninQ 23-25 Jean Street
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Alfred Milton Welch for the re-zoning of property located at 23-25 Jean Street be referred
to the Planning Advisory Committee for a report and recommendation and that the
necessary advertising be authorized in this regard, with the public hearing to be held on
Monday, December 2,2002, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
30. Imperial Theatre Inc. - Cost of Tickets
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Peter
D. Smith, General Manager of Imperial Theatre Inc., submitting a copy of a letter to the
Editor of the Saint John Telegraph Journal clarifying a perception that going to the
Imperial Theatre was so expensive that people cannot afford it, further to what was
reported to him about a statement made by one of the City Councillors, be received and
filed.
Adjournment
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OCTOBER 21, 2002
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned.
Common Clerk