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2002-11-18_Minutes 89-373 COMMON COUNCIL NOVEMBER 18, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of November, 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; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; D. Price, Engineer - Municipal Operations; G. Tait, Fire Chief; D. Parks, Staff Sergeant - 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 Deacon Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meeting of Common Council, held on Tuesday, November 12, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the agenda of this meeting be approved with the proposed Council meeting schedule under agenda item 13 referred to Committee of the Whole and the withdrawal of the Minister of Environment and Local Government's letter under agenda item 23. Question being taken, the motion was carried. 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 630 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 5, 1993 re-zoning of the property situated at 630 Millidge Avenue (PID Number 55114128), to permit the site to be used for residential purposes in addition to the uses currently permitted on the site, and to delete the requirement that a pedestrian walkway be provided along the northerly boundary of the site, as requested by Rocca Property Management Inc., and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and four letters considered at the Committee's November 13, 2002 meeting at which John Rocca, on behalf of the applicant, expressed agreement with the staff recommendation but asked that he be allowed to use stamped asphalt as a surface treatment for the proposed walkway from 89-374 COMMON COUNCIL NOVEMBER 18, 2002 Millidge Avenue to the Tim Horton's/Wendy's property; advising of the Committee's adoption of the recommendation contained in the staff report with additional wording in condition (c) that would permit the use of stamped asphalt for the walkway, in addition to concrete, brick or paving stones, and its approval also to grant a variance to permit the proposed building to have a side yard of 2.4 metres (8 feet) adjacent to the Tim Horton's/Wendy's lot line; and setting out a recommendation in this regard. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) amend the Section 39 conditions imposed on the July 5, 1993 re-zoning of the subject property at 630 Millidge Avenue (PID Number 55114128), to permit the site to be used for residential purposes in addition to the commercial uses currently permitted on the site, and to delete the requirement that a pedestrian walkway be provided along the northerly boundary of the site, subject to the following further conditions: (a) the total ground floor of all buildings on the subject site shall not exceed approximately 1400 square metres (15,000 square feet); (b) retail, commercial and professional office space shall be limited to the ground floor of any building; (c) the site shall include a pedestrian walkway connection from Millidge Avenue to the adjacent Wendy's/Tim Horton's property to the east, which shall be constructed of concrete, paving stone/brick and/or stamped asphalt; and (d) all other conditions imposed on July 3, 1993 for the larger re-zoned area shall remain in effect; and (2) assent to a 6-metre (20-foot) wide municipal services easement along the northerly boundary of the site (PID Number 55114128) for the required underground storm sewer. Councillor Teed expressed the view that Council should not approve the amendment at this time as there has been very little development on the land since it was re-zoned and the City would lose the right to have a walkway across the back without any commitment whatsoever by the owner to say the property would be developed, thus this should be deferred until there was a commitment as to when the property would be built on. Councillor Court asked the reason for the developer not having carried out all of the work under the conditions for the first phase, as indicated in Planning staff's report under input from other Municipal Operations, and Mr. Baird advised that the nature of the development was such that the side adjacent to the Arena was developed while the vast majority of the site was undeveloped, so there was a decision made at that time that the improvements that were adjacent to Millidge Avenue would be done as part of the second phase which, although it was anticipated would be a lot sooner than it has turned out to be, was what was being talked about at this time; and clarified that, if no development occurred at all, the recommendation was set up in such a way that there was no requirement for the infrastructure to be approved and all that was being proposed at this time was to change the development proposal so that, if the developer wished to go ahead, he could do so with a residential development at which time he would also do the infrastructure improvements. Councillor Court asked if the developer could be required to put up a bond to guarantee that the work would be done in the next phase if it did proceed, and Mr. Baird advised that, although that was not in the Planning Advisory Committee's recommendation as set out, if Council wished there to be a performance bond to cover all off-site work which seemed to be the nature of the concern expressed, that would be an additional condition. Councillor Desmond advised his agreement with Councillor Teed's comments, as well as with the requirement for a performance bond, and Councillor Teed advised that, while he would like to see residences there, there was a question of a walkway being abandoned or taken away as there would be an easement there which could not be used anyway, and there was no pedestrian walkway as the proposed non-exclusive driveway easement would stop at the Tim Horton's area and would be a private, not a public, right-of-way; and suggested that Council should defer this matter until it found out when development would take place. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was lost with the Mayor, the Deputy Mayor and Councillors Ball, Chase, Court, Titus and Trites voting "nay". 89-375 COMMON COUNCIL NOVEMBER 18, 2002 During the ensuing discussion, Mr. Baird clarified the location of the proposed walkway and, on the issue of a performance bond, made the observation that, in approving the development, all Council would be doing would be allowing it to proceed and a performance bond would mean that, if the development proceeded, the City would have a bond to ensure it was done in a proper fashion but it would not make the development happen. Question being taken, the original motion was carried with Councillors Court, Fitzgerald and Teed voting "nay". 6. Proclamation Mayor McAlary proclaimed November 20, 2002 as McHappy Day in the City of Saint John, and urged all citizens to support McDonald's Restaurants of Saint John which, on that date, would be directing funds to the Boys & Girls Club of Saint John as well as to Ronald McDonald House in Halifax, NS. 7. Tender For Contract 2002-15 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-15, Thomas Avenue watermain renewal and water booster station construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $213,787 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. 8. Arts Committee To Establish Arts Centre Consideration was given to a report from the City Manager referring to the July 22, 2002 presentation to Council by Tim Blackmore representing the Post Arts Summit Steering Committee and the Carnegie Building Working Group at which Council resolved to support the request to open the Carnegie building as an arts centre for one year dating from September 1, 2002 and granted $23,000 for the cost of operating and administering the building as outlined; advising that the Carnegie Building Working Group, now known as the Saint John Arts Centre Committee, took over responsibility of the operation of the Carnegie building on September 1, 2002 and is proceeding to become incorporated and obtain status as a charitable organization and, since the Working Group is ad hoc and voluntary, the cost of obtaining insurance is high; however, there is an interim solution that will provide the necessary insurance at no additional cost to the Working Group or the City, that being a provision in the City of Saint John insurance agreements that proper insurance coverage could only be attained if the Working Group were made an interim committee appointed by Common Council; and proposing that Council establish on an interim basis a committee to be known as the Saint John Arts Centre Committee. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council (1) establish on an interim basis, September 1, 2002 to August 31, 2003, the Saint John Arts Centre Committee to operate the Saint John Arts Centre; (2) approve the Terms of Reference of the Saint John Arts Centre Committee, as provided in the submitted Schedule "A"; and (3) appoint Betty Tompkins, Marian Wells, Tim Blackmore, Carol Taylor, Carol-Ann Noble, Hal Killam, and Susan Mowery as members of the Saint John Arts Centre Committee for the term September 1, 2002 to August 31, 2003. Question being taken, the motion was carried. 89-376 COMMON COUNCIL NOVEMBER 18, 2002 9. Harbour PassaQe - Land Conveyance - Saint John EnerQY Read a report from the City Manager advising that Saint John Energy has indicated a desire to become a partner of the Harbour Passage Project and, as the final design did not require any land along the Smythe Street hydro compound, in order to contribute funds to the Project Saint John Energy requires ownership of the lands on which the Project would cross and has approached the City with a proposal to purchase the portion of land that the Harbour Passage would be constructed on along the front of its Smythe Street station in return for a donation of $125,000 to the Harbour Passage Fund. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, in consideration of a contribution of $125,000 from The Power Commission of the City of Saint John towards the Harbour Passage Project, the City of Saint John subdivide and convey a 660 :t square metre portion of PID Number 40147 (as generally shown on the submitted sketch) to The Power Commission of the City of Saint John (Saint John Energy) subject to: (a) a right-of-way for the purpose of constructing, maintaining and operating a public trail (Harbour Passage) over and along the subject land, to include the right to install and maintain a buried electrical system and pole supports for trail lighting; and (b) an option to repurchase the subject portion of PID Number 40147 within fifteen years of the date of conveyance for $125,000 exercisable by the City of Saint John upon acceptance of a development proposal for the subject land, and further that the City of Saint John will provide an appointment of agent form for Land Titles Registration, and the Mayor and Common Clerk be authorized to sign all necessary documents and plans. Question being taken, the motion was carried. 10. Amendment to Council Resolution On Land ExchanQe With Port Authority Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 9,2002 authorizing an exchange of lands with the Saint John Port Authority to facilitate the assembly of land on Smythe Street, further investigation on the part of the City and the Port revealed that the Water Street parcel was conveyed as part of another land exchange which took place many years ago and the Port of Saint John has requested that another parcel be added to the exchange; and recommending an amendment to the resolution. On motion of Councillor Fitzgerald Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend its resolution of September 9, 2002 pertaining to the exchange of lands with the Saint John Port Authority and the sale of land to Red Rose Financial Inc. by: (1) deleting "a 440 m2 :t parcel on Water Street (identified as "Area 3" on Saint John Port Authority Plan F-12-504 and as generally shown on the submitted plan)" and inserting in its place "a 13,780 m2 :t parcel of land on the West Side of the Port, being PID Number 366005 and a portion of PID Number 420026 and generally shown on the submitted plan, subject to any rights previously conveyed, leased or granted"; (2) deleting "(b) as part of this sale, the City of Saint John will subdivide (if applicable) and undertake a phase one environmental analysis of its lands to be conveyed" and inserting in its place "(b) as part of this sale, the City of Saint John will survey and undertake a phase one environmental analysis of the Rodney Street lands and the York Point Slip parcel; all other survey and consulting costs required to address conditions of conveyance of Crown Lands shall be paid by the Saint John Port Authority"; (3) deleting the date "December 31, 2002" and inserting in its place "June 30, 2003", and (4) all other aspects of the resolution remain the same. Question being taken, the motion was carried. 89-377 COMMON COUNCIL NOVEMBER 18, 2002 11. Lease Of Parcels BAnd C. ReversinQ Falls Park Read a report from the City Manager advising that, further to the September 10, 2001 and the October 9, 2001 Council resolutions authorizing the lease of Parcel Band C at Reversing Falls Park to 056975 N.B. Ltd. (Theo Faltsetas) on which to construct and operate a deck- cafe and a boat dock, respectively, it no longer makes sense to have two different leases with different start and termination dates for the reason that, while the original scheme put forth by the developer was to first construct the deck-cafe and then the boat dock, in fact the opposite has happened and the deck- cafe is in place and its location changed in that it straddles the property line between Parcels Band C, ,and also some of the clauses of the leases are no longer required; and recommending the amalgamation and updating of the two lease proposals. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) Common Council rescind its resolutions of September 10, 2001 and October 9, 2001 pertaining to the lease of Parcel B and Parcel C, Reversing Falls Park to 056975 N.B. Ltd.; (2) the City of Saint John lease Parcel B (PID Number 55155493) and Parcel C (PID Number 55155501) Reversing Falls Park, as generally shown on the submitted plan, to 056975 N.B. Ltd. on the terms and conditions contained herein: (a) the term of the lease shall commence on January 1,2003 and terminate June 30,2015 (the "Term"); (b) annual rent during the Term shall be as follows: o $5,000 $5,500 $6,000 $6,500 $7,000 $7,500 $8,000 $8,500 $9,000 $10,000 $11,000 $6,000 (c) payment of annual rent shall be payable in 12 equal installments commencing on the 1st day of January 2004; (d) unless otherwise approved by the Lessor, the use of the site shall be limited to a deck-cafe (to be operated in conjunction with the Reversing Falls Restaurant), boat dock and stairway; (e) the construction of the deck-cafe, boat dock, and stairway must be completed on or before December 31, 2003; (f) Parcels Band C shall be leased "as is", and the Lessor offers no warranty as to its development potential or soil conditions; (g) prior to the construction of the deck-cafe, boat dock and stairway or the undertaking of site improvements, the Lessee must submit plan(s) with a geo- technical report on the soil conditions to the Manager of Facility Management of the City of Saint John for approval, and the deck-cafe, boat dock and all site improvements must comply with all applicable Municipal, Provincial or Federal by-laws, acts or regulations; (h) the Lessee must apply for, and obtain all necessary permits and approvals prior to construction of the deck-cafe, boat dock and stairway; (i) the Lessee shall be responsible for the maintenance of the deck-cafe, boat dock, and stairway; U) commencing in year 2004, the Lessee shall pay all real property taxes and local improvements levied against Parcels Band C and with the consent of the Lessor, the Lessee may at its own means and expense appeal the property tax assessment, and the Lessor will not unreasonably withhold such consent provided the Lessee has paid all outstanding real property tax levies in full; (k) the Lessee shall not have the right to assign or sublease any portion of Parcels Band C except to a company wholly owned by the Lessee; (I) in the event the Lessor installs, repairs or renews any Municipal services or streets in the vicinity of the leased land and if the Lessor is of the opinion that the stairway or appurtenances thereof must be relocated in order to best perform the required installation, repairs, or renewals, the Lessee is obligated to relocate the stairway or portions thereof at the Lessee's own expense, and in such event, the Lessor shall not be liable for any payment of compensation for the loss or interruption of businesses which may have been caused by the required work and/or stairway relocation; (m) the deck-cafe, dock, stairway structures, and all pilings on Parcels Band C must be maintained to a standard acceptable to the Building Inspector and comply with all Municipal by-laws; (n) the Lessee shall indemnify and save harmless the Lessor against all actions, expenses, claims and demands of any kinds on account of the non- performance of the covenants of the Lessee in the lease; and the Lessee agrees to 89-378 COMMON COUNCIL NOVEMBER 18, 2002 indemnify, protect, defend and hold the Lessor, its officers, employees and agents harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of the Lessor), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the leased lands; (0) notwithstanding the rights given herein, the Lessor retains the right to plan, construct, operate and maintain a public trail over and along or adjacent to Parcels Band C, and the Lessee must co-operate with the Lessor with respect to the location of the public trail over the leased lands, provided the location of the trail does not unreasonably interfere with the Lessee's operation and maintenance of the stairway and dock; (p) the Lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured, and the policy must be subject to a cross liability clause and remain in effect during the term of the lease, failing which the Lessor has the right to terminate the lease; (q) the Lessee shall have the right to one-five year renewal on the same terms and conditions at annual rents to be negotiated, provided that the notice to renew is delivered to the Lessor, addressed to the attention of the Common Clerk, City of Saint John, PO Box 1971, Saint John, NB, E2L 4L 1 no sooner than January 1, 2015 and no later than March 31, 2015; and the annual rents for the renewal term are mutually agreed upon prior to the expiry of the "Term"; (r) the Lessor shall take possession of the deck-cafe, boat dock and stairway upon termination of the lease unless the Lessee, prior to termination, removes the stairway and boat dock; and (s) the lease shall be subject to the covenants or conditions numbered 11, 12, 13, 14, 15, 17, 20, 21, 22, 25, 26, 27, 28, 30, 33, 36, 38, 39, 41, 42, 45, and 46 in Schedule C of Regulation 83-132 (Leases Regulation - Standard Forms of Conveyances Act); and (3) the Mayor and Common Clerk be authorized to sign the lease. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting.) 12. Lease - Saint John City Market - A Whale Of A Cafe Read a report from the City Manager advising that the lease of Stall "D" in the Saint John City Market to A Whale of a Cafe, which is now operating as The Wild Carrot Cafe, expired December 31, 2001 and the Cafe has requested to lease an additional 175 square feet of floor space immediately adjacent to it in order to expand and improve its operation, and the Deputy Market Clerk believes that leasing this space and the relocation of the existing tables and chairs will improve the dining areas in the City Market and the merchant's ability to improve service to customers. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council lease Stall "D" and an additional 175 square feet in the City Market to A Whale of a Cafe, commencing on January 1, 2003, for a five-year term: AND FURTHER that the above be subject to the City Manager confirming that the rent is up to date. Question being taken, the motion was carried. 14. Planning Advisory Committee - Subdivision & Land For Public Purposes Dedication For Creation Of Lot - 735 Golden Grove Road On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan of 735 Golden Grove 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. 89-379 COMMON COUNCIL NOVEMBER 18, 2002 15. IncreasinQ Awareness Of Importance Of Fresh Water Read a letter from Councillor Teed suggesting that, as the United Nations Association has proclaimed 2003 as the International Year of Fresh Water, it would appear reasonable that Saint John with its long history of water should endeavour to develop some program to increase awareness of the importance of fresh water and promote activities related to it. Councillor Teed proposed a motion, which was not seconded, that the question of what possible activities could take place and how best to increase awareness of the importance of fresh water be referred to the City Manager and the Department of Water and Sewerage for their views and recommendations respecting suitable activities to increase awareness of the importance of fresh water. 16. Financial Position Of Harbour PassaQe Development On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed advising his concern about the financial position with respect to the so-called Harbour Passage development and how it will relate to the City's annual operating budget in forthcoming years, be referred to the City Manager to inform Council of the cost to be added to the operating budget by reason of Phase 1 of the Harbour Passage from York Point to Bentley Street being undertaken. Question being taken, the motion was carried. 17. Revised Resolution For Cities Of New Brunswick Read a letter from Councillor Teed referring to a resolution respecting relief for non-profit organizations from municipal taxes given by the Province, which the Cities of New Brunswick Association referred to Council on October 15, 2002 for reconsideration and explanation; setting out a revised proposal respecting charity municipal tax relief, and proposing a resolution to be forwarded to the Association for consideration. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the above matter be referred to the Cities of New Brunswick Association subject to requesting the Chair of the Resolutions Committee to advise if the resolution is in the correct form. Question being taken, the motion was carried. 18. Representation On Board Of Trade Consideration was given to a letter from Councillor Teed advising that the City presently subscribes $661 to the Saint John Board of Trade, which includes a special assessment of $40 for the waterfront development program, and it is represented by the Mayor and the City Manager, and the City also has the right to have six additional representatives as Board of Trade members at a cost of $552 and, at present, these representatives are six City employees; suggesting that, as there appears to be no legitimate reason why all additional members of the Board be City employees, one or two Councillors should be added if the City wishes to have one or more additional members and this could save $368 and possibly result in better information for Council. Councillor Teed proposed a motion, which was not seconded, that the City adopt a policy for additional membership to the Saint John Board of Trade restricted to two additional members of which at least one would be a Councillor, and this policy be referred to the Nominating Committee for recommendation of members. 89-380 COMMON COUNCIL NOVEMBER 18, 2002 19. Harbour BridQe Tolls Read a letter from Councillor Fitzpatrick advising that he wold like the opportunity to inform Council, as well as the public, of the necessary steps to have tolls removed from the Harbour Bridge, and it is not his intent to have a motion. Councillor Fitzpatrick, Chairman of the Saint John Harbour Bridge Authority, noted the recent closure of the Reversing Falls Bridge during the filming of a television series and the removal of the tolls at the Harbour Bridge; and advised that the Harbour Bridge Authority, in order to remove tolls, required permission, in writing, from the Federal Minister of Transport and the Provincial Government. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the above letter from Councillor Fitzpatrick be received and filed. Question being taken, the motion was carried. 20. Use Of City Vehicles On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Councillor Fitzpatrick advising that he would like the opportunity to address once again the matter of City vehicles being utilized to transport City employees to and from work outside the City limits, be referred to the City Manager to come back to Council as soon as possible with a policy so that City vehicles cannot be used to transport employees back and forth to work outside the municipality. Question being taken, the motion was carried. 21. Proposal To Advance ReQional Cooperation Initiative On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Titus referring to the discussion and debate on the issue of regional cooperation in the Greater Saint John area during the last several years, and recommending that Council approach the other municipalities and strike a small working group with a representative from senior staff from each municipality, together with senior staff from the economic development agency, to meet and discuss additional opportunities for regional cooperation, and further that, together with the City Manager, Deputy City Manager Pat Woods, who has a great deal of knowledge and experience in matters such as this around the Province, be asked to facilitate these discussions, and the group be asked to present its findings back to a joint session of all councils within a defined timeframe, be referred to the City Manager for a report. Question being taken, the motion was carried. 22. Police Commission Proposed 2003 BudQet Read a letter from Councillor Teed commenting on a newspaper article respecting the Police Commission's 2003 proposed budget which was presented in Committee of the Whole in that he was surprised to read that a copy had been obtained by the newspaper which he could only take to have been given by the Commission or released by the Chief, and he was most disturbed that a budget presented by the Commission in confidence was released by that body or its employee. Councillor Trites raised a point of order on the basis that Councillor Teed was making an assertion, not an assumption, that the Commission or the Chief of Police had released the report which was not fair to either; and the Mayor noted that Councillor Teed had expressed his opinion in this regard, and suggested that the letter be received and filed. 89-381 COMMON COUNCIL NOVEMBER 18, 2002 On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above letter from Councillor Teed be received and filed. Question being taken, the motion was carried. 24{a & b) Support Of Human Development Council On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letters in support of the Human Development Council from the Coverdale Centre and Options Outreach Employment Inc., be received and filed. Question being taken, the motion was carried. 25. Seniors Advisory Committee - SiQnaQe On motion of Councillor Teed Seconded by Deputy Mayor White RESOLVED that the letter on behalf of the Seniors Advisory Committee advising that it has been brought to its attention that, in a growing number of instances, trees have grown to the extent that branches are hiding stop signs and other traffic signs from proper visibility and in some instances are obstructing pedestrians by bending too low, and also that bus stops are not properly marked; and recommending that Council take action to ensure that trees do not obscure traffic signs nor hinder pedestrian passage, and to ensure that bus stop are properly marked, be referred to the City Manager. Question being taken, the motion was carried. 26. Horst Sauerteig - Fundy Region Solid Waste Commission's Proposed 2003 BudQet On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the letter from Horst Sauerteig commenting on the Fundy Region Solid Waste Commission's proposed 2003 budget, which was submitted to Council on November 12, 2002, be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 27. Percy Wilbur - Request For Permission To Hook Up Home In BriQadoon Terrace To Municipal Water Consideration was given to a letter from Percy Wilbur requesting permission to allow one more home in Brigadoon Terrace to be hooked up to Municipal water in that, since Council granted permission to hook up four lots over a year ago and he sold those within weeks to people who made civic water a condition of sale, the people have not built on them yet and have no plans to build in the near future and he has not sold a single lot since because people do not want to drill a temporary well; and advising of his dealings with a family who would like to develop in the area. Councillor Desmond proposed a motion, which was seconded by Councillor Teed, to refer the above letter to the City Manager to see whether or not it was possible to do what was being requested. The Mayor advised that she would not support the referral motion as she did not know what could be accomplished in doing so in that staff had already given its recommendation to Council when Council dealt with this matter previously; and Councillor Trites spoke against a referral to staff as Council spent a lot of time talking 89-382 COMMON COUNCIL NOVEMBER 18, 2002 about this issue when it previously gave Mr. Wilbur permission to sell four lots on this basis and he could not support adding a fifth lot when people at the top of the hill still have water pressure problems. Councillor Teed withdrew as seconder of the proposed referral motion, whereupon the Mayor noted the lack of a motion on the floor. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Council deny Percy Wilbur's request for permission to hook-up one more home in Brigadoon Terrace to Municipal water. Councillor Chase asked if, as both development and potential tax revenue were being held up because of the water issue in that area, the City Manager could give an indication of whether or not Council would have an opportunity to review costing information on which to make a decision to put water there, and Mr. Groody advised that a preliminary design was being worked on and the issue would be a capital budget decision that Council would have to make for 2003. Councillor Teed advised that he did not understand why, if the developer concerned were prepared to build, Council would not let him do so, and the Mayor indicated that she could support one more home being hooked up to City water since the other people were not building there yet and by the time they did so the City might have water out there. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Chase, Desmond, Fitzgerald and Teed voting "nay". On motion of Councillor Desmond Seconded by Councillor Chase RESOLVED that Percy Wilbur be allowed one more lot in Brigadoon Terrace to be connected to City water. Councillor Fitzpatrick advised that he wanted to see this done the proper way by fixing the problem and expressed the view that Council, by haphazardly allowing a home today and one tomorrow, would be doing an injustice to these people, as well as to the people on Westmount Drive, and Council should be dealing with the bigger issue with respect to water. Question being taken, the motion was carried with Councillors Court, Fitzpatrick and Trites voting "nay'. 5. Fundy ReQion Solid Waste Commission - 2003 BudQet Consideration was given to the Fundy Region Solid Waste Commission's proposed 2003 operating budget, which was submitted at the last meeting. Jack Keir, General Manager; Jim Worden, Chairman; Ken Marshall, Treasurer; Don Shea, member; and Don Shaw, Project Education Development Officer, of the Fundy Region Waste Commission, were present at the meeting, and Mr. Keir, in addressing Council, commented on the budget process undertaken by the Commission, which he advised was very similar to a zero-based budgeting exercise and timely for him being on the job for only a couple of weeks; and reviewed the proposed 2003 revenue during which time he noted the increase in the municipal waste tipping fee from $96 to $110 per tonne with no tonnage increases and no increase in other tipping fees and the recent opening of a dedicated construction and demolition waste site; and apprised Council of issues in the plastic recycling program, the Commission having mandated him to get back to the Commission on February 1, 2002 with recommendations. Mr. Keir highlighted the proposed 2003 expenses with respect to administration, public education, landfill operations, fiscal services/other, leachate management, and waste diversion in recycling and composting, comparing them with last year's budget amounts; and reviewed the operating projections for the period 2003 -2007, noting the tipping fee of $110 per tonne as the target for the next five years. During discussion Mr. Keir responded to questions on the proposed 2003 budget and on the landfill operation. 89-383 COMMON COUNCIL NOVEMBER 18, 2002 (Councillors Desmond and Titus withdrew from the meeting during the foregoing discussion.) On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the presentation on behalf of the Fundy Region Solid Waste Commission of the 2003 budget proposal be referred to the City Manager and the budget process. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk