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1989-10-23_Minutes 82-32 COMMON COUNCIL OCTOBER 23, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of October, AD. 1989, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City of Saint John Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; B. Thompson, Deputy Chief of Police; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on October 16, 1989, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed October 30 to November 4 to be Affordable Housing Week; October 23 to 28 to be Insurance Information Week; October 23 to 29 to be Block Parent Week; and October 22 to 28 to be Small Business Week, in the City of Saint John. Her Worship the Mayor extended a message of sympathy to the family of the late Detective Douglas R. Titus, who passed away on October 19, 1989, the late Mr. Titus having been a member of the Saint John Police Force since 1955. Councillor Landers referred to the September 18 presentation to Council by the Minister of Environment and to a recent announcement by the Minister's Office that the equipment at the Irving Pulp & Paper Mill is operating at 99% capacity and his staff is satisfied with the new equipment's operation, and made the observation that persistent and offensive odors occurred on Saturday and Sunday this past weekend. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the Minister of Environment be invited to appear before Common Council and the people of Saint John in open session to personally explain to Council members and the citizens of the City his current position with respect to the improvements made at the Irving Pulp & Paper Mill's operations, the effectiveness of these in removing the offensive smells and what the citizens can expect in the future, particularly in light of the air emissions this past weekend and last. Councillor Flewwelling stated his support for the above motion if the Minister is also asked to address the matter of Coleson Cove emissions whereupon Councillor Landers explained that the reason for her motion is that, although the Minister's staff is suggesting that the Mill is working to its capacity with the new equipment, she is suggesting that the odor problems from the industry have not been 82-33 COMMON COUNCIL OCTOBER 23, 1989 addressed and it is now necessary to address what further action can be taken in this regard. The Mayor expressed the understanding that the Environmental Consultation Committee, of which Councillor Landers is a member, is scheduled to meet on November 1, to which Councillor Landers replied that, although she has had no indication of a meeting, it is still her request for the Minister of Environment to appear before Council, and Mr. MacKinnon advised that he has not had confirmation of the time or location of the November 1 meeting of the Committee. Question being taken, the motion was carried with Councillors Flewwelling and Knibb voting "nay". Councillor A. Vincent extended condolences to the family of the late Mr. Victor Jones, who passed away earlier this date, and advised that the late Mr. Jones was one of the City's oldest master mason and a member of Local 1 for 64 years. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Victor Jones. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A., concerning the naming of the overpass on Church Avenue; and the report from the City Manager on the 1989 visitor registrations (copies of which were forwarded to Council members as information items) we added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) amend in the Municipal Plan redesignation on Schedule 2- A, the Future Land Use Plan of the Municipal Development Plan, a 14,300 square foot portion of 1260 Manawagonish Road (L.R.I.S. Number 398559), from Low Density Residential to District Centre Commercial classification; (b) re-zoning the same 14,300 square foot area from "R-1A" One-Family Residential to "B-2" General Business Classification; and (c) re-zoning the remainder of the lot at 1260 Manawagonish Road from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the present building and surrounding grounds to be developed for commercial purposes and to permit a townhouse development on the remaining portion of the lot, as requested by Hughes Surveys & Consultants Ltd., on behalf of Mr. Walter Vincent, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that the submitted Planning staff report regarding the above application was considered by the Committee at its October 17 meeting at which the applicant was in attendance and his solicitor spoke in favor of his proposal in agreement with the staff recommendation with respect to the townhouse portion of the project; however, the Committee was requested to approve a limited commercial use for the existing building; also advising that, in addition to the submitted letters of objection received by the Committee, a local property owner spoke against the application, both the commercial and the townhouse portion of the development; and recommending that (1) the Municipal Plan amendment and the re-zoning of the 14,300 square foot portion of the site for commercial development not be approved; (2) the re- zoning of the remainder of the property at 1260 Manawagonish Road from "R-1A" One- Family Residential to "RM-1" Three-Storey Multiple Residential Classification be approved, subject to an agreement, which would contain the following elements: (A) a two-storey building for the four units located in the north-east portion of the site; (b) a revised exterior building design compatible with existing structure; (c) a fence to separate the 82-34 COMMON COUNCIL OCTOBER 23, 1989 existing development from the proposal; and (d) a landscaping plan; and (3) third reading not be given until the agreement is executed. Mr. Mark Wilson of 11 Quinton Avenue appeared before Council and, in noting that his property is immediately adjacent to the property in question, expressed opposition to the proposal in question on the basis that two- and possibly three-storey townhouses and a commercial use would not be in keeping with the single-family dwellings in the area and he made the observation that vacant commercial property exists to both the left and right of Quinton Heights, and that he is not against development of the subject property. Mr. R. Turnau of 16 Quinton Avenue spoke in opposition to the proposed amendments and, in noting that his property is located across the street facing the proposed development, expressed concern about the addition to the area of fourteen families in view of the possibility of a high concentration of children. Mr. Turnau referred to Council's rejection of two years ago of a proposal for Senior Citizen housing in the area which is now Westwind Terrace and questioned why such a development would be considered worse that what is being proposed, and concluded that the proposed development of the property does not fit in with the general development of the area. Mr. John O'Neill of 1294 Manawagonish Road appeared in opposition to the proposed amendments, and advised that he, like Mr. Wilson, disagrees totally with the row housing concept and business development. Mr. O'Neill suggested that the property in question could be developed into a showpiece for the area rather than into another small development of some kind. Mr. Peter Zed, solicitor, appeared in support of the proposed amendments on behalf of Mr. Walter Vincent, the developer; and circulated photographs of the proposed townhouse development and the existing property. Mr. Zed explained that the applicant does not presently own the property and has it under agreement of sale conditional upon obtaining the requested re-zoning; and advised that the applicant is in agreement with the suggested modifications to the townhouse development, and asked Council to adopt the Planning Advisory Committee's recommendation in this regard, the Planning staff report having dealt with the issues of advisability of townhouses and traffic. Mr. Zed advised that the existing building on the property is the old Quinton homestead of probably well in excess of 100 years of age, and suggested that it appears ironic that the opposition essentially stems from the fact that the developer wants to attain a building which, as indicated in the Planning staff report, is of local significance, and the there would be a great many more neighborhood residents present at this meeting if his proposal involved levelling that building. Mr. Zed also explained that the applicant's proposal involves utilizing all but 13,600 square feet of the approximate 1.2 acre site for the purpose of building townhouses, and restoring, maintaining and converting the old Quinton homestead to an office use, as well as retaining some of the natural landscaping, on the basis that a commercial use enables him more flexibility than a residential use and to generate more revenue and that, although the applicant's original request was for a zoning change to General Business classification to allow for flexibility soliciting potential tenants, after speaking with staff and appearing before the Planning Advisory Committee, it became evident that the concern voiced by the Committee was about giving carte blanch approval; therefore, the applicant is now indicating to Common Council that he is agreeable to a General Business classification restricted to a business office use as defined in the Zoning By- Law; in other words, the applicant does not want to house a restaurant, an amusement hall, a bank, a church or dance hall in the existing building. With regard to staff's concern about having more control over the landscaping and the applicant's plan showing 24 parking spaces, Mr. Zed advised that there might be a need for 24 parking spaces if a 120-seat restaurant were being put in the building for which the plan was originally drawn, and also advised that the applicant is quite prepared to concede that staff could have control under a Section 39 agreement of the placement of the required number of parking spaces for an office use and how the lot is landscaped. Mr. Zed noted the references to the area being residential and made the observation that, while Quinton Heights is a residential area, the property under discussion is on Manawagonish Road in an area which is anything but residential and is a commercial area of apartment buildings, motels, restaurants and bed and breakfast facilities, with very few single-family residences. Mr. Zed further advised that the developer is looking at the property with the existing building as an enhancement to the value of the 82-35 COMMON COUNCIL OCTOBER 23, 1989 townhouse development and has a significant investment in the latter which he is not prepared to make unless he can find a use for the building, and expressed the opinion that fourteen townhouses and the existing building restored to something of its original splendor accomplishes both providing housing and restoring a building of some historical significance which will not interfere with the area residents and further, that as the services are in existence and the property is on an arterial street, he does not know what the objections would be to the proposal. Mr. Zed requested Council to adopt the planning staff's recommendation with respect to townhouses and to enact the Municipal Plan and Zoning By-Law amendments to allow a business office to be located on the section of property as indicated in the application subject to a Section 39 agreement limiting the use of the property and, if staff wishes, to also regulate the parking and landscaping. Councillor Knibb asked if the developer has considered the Planning staff's suggestion that the existing building could be used for residential purposes, to which Mr. Zed replied that the developer looked at the alternatives, especially in light of the Planning Advisory Committee's meeting, and it is his opinion that it is not economically feasible to restore the building and retain and maintain it as a rental property unless it has a commercial use on the basis that, in the usual course, a good portion of leasehold improvements would be put over onto a commercial tenant and a higher rent charge, and that the developer agrees with the Committee's recommendation for two-rather than three-storey townhouses and has no trouble with changing the exterior design. Mr. Bedford responded to queries of Councillor Coughlan respecting Councils rejections of a previous proposal, referred to by Mr. Turnau in his above comments, and concerning the density of the proposal in that, with appropriate design considerations, a development such as that proposed could fit appropriately into the area, whereupon Councillor Coughlan suggested that a tabling motion might be in order for the purpose of reviewing other considerations raised at this meeting as there seems to be a difference between what is being presented and the contents of the submitted report. Councillor Rogers expressed concern about the effect of the proposed development on the Lancaster sewerage lagoon to which Mr. Robichaud replied that it is hoped that by the time the proposed development would be constructed, a new expanded facility would be in place at the Lancaster treatment plant as it appears that the facility will be designed for construction early in the spring for a fall completion and with respect to the number of storeys of the townhouses, Mr. Bedford explained the proposal for two-storey townhouses and three-story townhouses as indicated in the submitted maps. At Councillor Fitzpatrick's request, Mr. Bedford read the definition in the Zoning By-Law of a business office and explained that the reduction of the townhouses from three- to two-storeys would mean that a garage would no longer be located inside the building and that there would be at-grade parking outside which is the manner in most of the townhouses in Saint John are developed at the present time; however, where possible, staff appreciates the benefits gained by the development of garages. Mr. Zed in response to Councillor Flewwelling, advised that an attempt was made to discuss the proposal with adjacent residents with no success; and Councillor M. Vincent asked what effect there would be on the townhouse proposal if the commercial opportunity does not exist to which Mr. Zed replied that, if an office use is not approved for the building, Mr. Vincent does not intend to purchase the property as it is his feeling that he could commence work first on the existing building and attract a tenant while he is finalizing the townhouse plans and before construction started, and Mr. Bedford advised that staff has not been asked to respond to the request for only a business office proposal with which staff became aware for the first time at the Planning Advisory committee meeting, and that the recommendation was based on the proposal for a very large scale, comprehensive commercial development, and further that staff would like the opportunity to review the business office proposal; and during discussion Mr. Zed explained that Mr. Vincent is prepared to concede that he does not want to put any objectionable facilities on the property and thinks that the least objectionable facility, which would still enable him to generate enough revenue to maintain the existing building, would be a business office as he has come to the conclusion that a residential use will not generate enough funds to finance the restoration and maintenance of the building which has been vacant for about a year and has fallen into a state of disrepair; and Mr. Bedford advised that, with regard to Deputy Mayor Gould's question as to the concern about density for a business office and townhouse development, if the size of the commercial operation is reduced, the amount of land available to the townhouse 82-36 COMMON COUNCIL OCTOBER 23, 1989 development would be increased which, at least, arithmetically, would reduce the density which exists and provide more open space for the residents of the 14-unit development and that, with access to Manawagonish Road, proper fencing and buffers between the single-family development and the townhouses, and reduction in height to two storeys of those units which abut single-family dwellings, the proposed 14-unit would be a compatible townhouse development. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above application be laid on the table for two weeks with Planning staff to review the proposal and arrange a meeting between the two parties, and report to Council. Question being taken, the tabling motion was carried with Councillors Davis, Fitzpatrick and Knibb voting "nay". Brenda Murphy and Lesley Tennant of the Saint John Housing Coalition addressed Council regarding the availability, affordability and adequacy of housing for low-income and special needs populations in the Greater Saint John area, the purpose of the Coalition being to provide a common forum in which its members can share Information, identify problem areas, investigate and advocate solutions to housing problems and to take appropriate action as a group toward these ends; and expressed the opinion that, from all available statistics, it is beyond argument that at least 25% of Saint John's population is experiencing adequacy and/or affordability problems and that the local problems are at least as severe as the Provincial average, at about 10,000 households. In jointly presenting a previously submitted brief, Mmes. Murphy and Tennant noted that the Coalition's involvement in addressing some of the housing needs through its release of the tenant handbook (copies of which were distributed to Council Members at this presentation) and its presentation of briefs to all levels of government including the Provincial Minister's Task Force on Housing; commended the City for the initiatives it has taken through the Strategic Plan's goals for Saint John which recognize housing needs as an integral part of the social and economic fabric of the City and the enforcement of the Minimum Property Standards By-Law, and recommended that (1) the municipality develop a social housing policy which clearly defines its social housing responsibilities and provides direction for Common Council and staff; (2) the municipality undertake a housing needs assessment study so that it can comprehensively understand the housing problems which the community faces; (3) the municipality become a major player in advocating Saint John's fair share of Federal and Provincial housing dollars and in ensuring that Saint John receives housing programs which most effectively compliment its needs; (4) the municipality advocate on behalf of its citizens for a more comprehensive and effectively enforced Residential Tenancies Act; (5) the municipality, on behalf of its social assistance recipients, advocate for more reasonable income assistance benefits; (6) the municipality encourage and support those community organizations and individuals who are working to provide better housing conditions for those in need; (7) the municipality encourage community-based delivery of non-profit and co-op housing programs and that it only undertake non-profit housing projects as the developer of last resort; (8) the municipality continue to encourage its enforcement of the Minimum Property Standards By-Law and discourage, in every way possible, the existence of slum landlords who profit from the poor; (9) the municipality work with the Saint John Housing Coalition and other government and community-based housing agencies to establish a one-stop housing information centre in Saint John; and (10) the municipality undertake a public education program which demonstrates to Saint John Citizens that social housing programs are necessary and valuable to the socio-economic health of the community. Her Worship the Mayor apologized to the Coalition for the City's neglect to make a presentation to the Province's Task Force on Housing and advised that a brief would be prepared for submission to the Task Force, and she thanked Mmes. Murphy and Tennant for their presentation to Council and for the Coalition's service to the community. Councillor Knibb, a member of Saint John Non-Profit Housing Inc., noted the company's involvement in providing affordable housing units and indicated his intent to propose a motion to refer the above presentation to the City Manager and Saint John Non-Profit Housing Inc. 82-37 COMMON COUNCIL OCTOBER 23, 1989 Mr. K. Krauter, General Manager and Chief Executive Officer of the Saint John Port Corporation; Captain C. Pringle, Director of Engineering and Operations; and Captain A. Soppitt, Harbour Master; were present in the Council Chamber and, through an audio-visual presentation, provided information on Marine Contingency Planning for the Port of Saint John, including a Port Corporation overview; a map of the Port's jurisdiction area; comments on Port facilities, liquid bulk terminals, bulk liquid vessels, and Harbour traffic; an outline of the operating procedures for vessels in the harbour; an explanation of the role of lead agencies in ensuring environmental emergency is properly investigated and appropriate response is made by the polluter in emergency and clean-up, and the groups involved in emergency plans, the resource agencies, and resources available in Saint John; the composition of the Regional Environmental Emergency Team, and examples of other emergency activities in which the Port Corporation participates. Her Worship the Mayor thanked the Port Corporation members for their presentation and Captain Soppitt responded to Council queries regarding the manner in which a situation in the Harbour would be handled in view of the lack of a firefighting boat; the availability of charts and publications; the mystery clean-up fund supported through Environment Canada and the frequency of mystery spills; a wind measurement instrument in the Coast Guard Traffic Centre; pilotage rates set by the Atlantic Pilotage Authority in Halifax, Nova Scotia; the operating procedures for vessels destined for the Port of Saint John, and regulations in place with respect to oil pollution and prosecution for violation by the Canadian Coast Guard under the Canada Shipping Act, as well as the enforcement of the regulations; the Harbour boundaries; the mention in the port's emergency plan of the Emergency Measures Office for the City; and Mr. Krauter commented on the interaction between the Corporation and the Saint John Port Development Commission, and invited the members of Council to a tour of the Port facilities and a general briefing on the activity of the Corporation. Mr. W. Gale, a volunteer of the IWK Children's Hospital Capital Campaign, introduced Ruby Blois, Vice President of Nursing and Special Services of the IWK; Dr. J. Finley, Head of the IWK Cardiology Department; the President and several members of the Saint John Parents For Parents Group; Linda Tobias, a member of the Saint John Telethon Steering Committee; Dr. Cecil Ojah, Neonatologist at the Saint John Regional Hospital; Dr. David Stephen, a Saint John Pediatrician; Laura Bennett, a member of the Board of Governors and Chairman of Municipalities for the Capital Campaign; and Pamela Barker, IWK Foundation Officer; and following a video presentation of the IWK Campaign illustrating the role of the IWK Children's Hospital and its current need for expansion, Ms. Bennett referred to the previously- submitted information package on the IWK Capital Campaign, and, having posed the question of why Common Council should support a Halifax hospital, suggested that the reason is that the IWK Children's Hospital is a community hospital, being the only one in the Maritime Provinces, and also in view of the special relationship between the IWK and Saint John which, outside the Halifax-Dartmouth metro area, exists with no other municipality in the Maritime Provinces, such relationship involving the development of a very special unique program for the children in the Saint John area. At Ms. Bennett's request, Dr. Finley explained to Council that the IWK Cardiology Department is typical of all other IWK Departments in that they consider themselves to be an extension of the services available at the Saint John Regional Hospital and that the doctors in the hospitals work very much as a team involving IWK doctors visiting the Saint John Regional Hospital four or five times yearly for evaluation and follow-up of children, particularly with heart disease; and described how now, through modern telecommunications, diagnosis can be carried out in Halifax on a child in the Regional Hospital involving simultaneous monitorings to determine if it is necessary to transfer the child to Halifax or if treatment can be arranged in Saint John. Ms. Bennett concluded the presentation by explaining that, in view of the 600 per cent increase in services provided by the IWK on the basis that the 1970 design of the facility was to treat 10,000 children a year and in 1988 the Hospital treated 60,000 children, the IWK Children's Hospital is in urgent need of space and equipment, and that the construction of the new Grace Maternity Hospital on land immediately adjacent to the IWK has provided an opportunity to build an expansion to the IWK that is connected to the Grace Maternity thereby providing for a reduction in cost to both Hospitals as there would be no longer a need to provide duplicate services as when the Maternity 82-38 COMMON COUNCIL OCTOBER 23, 1989 Hospital existed across the street; commented on the services to be provided in the expanded facility; and requested, as well as on the current Capital Campaign to raise $25 million through donations from Maritime businesses, foundations, service clubs and governments at all levels; and requested that the City of Saint John make an annual commitment of $30,000.00 to the IWK Children's Hospital Capital Campaign for a five- year period, resulting in a total contribution of $150,000.00 and that, while whatever type of payment schedule may be needed, Council's pledge is vital in order to assure suppliers and contractors that there is funding to construct the building. Her Worship the Mayor thanked the IWK delegation for the presentation and agreed that, while the procedure is to consider such presentations later in the meeting, in consideration of the Halifax persons in attendance, she would entertain a motion at this time. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the presentation by the IWK Children's Hospital Foundation regarding its Capital Campaign be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the presentation by the Saint John Port Corporation of its Marine Contingency Plan for the City of Saint John be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the presentation by the Saint John Housing Coalition regarding the City's housing needs be referred to the City Manager and Saint John Non-Profit Housing Inc. Question being taken, the motion was carried. Wendy Bullock and Carol Bonnefant appeared before Council and, following a slide presentation depicting features of the interior of the building at 207 Princess Street, Mrs. Bullock, a resident of the building, explained that while she cannot argue for the preservation of the building based on heritage because it is not zoned as a heritage home, she is going to argue the fact that Manford Thompson, who is applying for a H.I.D. grant from the City, is trying to say that the building is dilapidated and beyond repair. Mrs. Bullock filed with the Common Clerk a petition of over 500 signatures of Saint John citizens, not limited to Princess Street or the neighbourhood, as in her opinion, this matter is an issue of City-wide debate in which the taxpayers want to have a say as to whether or not persons like Manford Thompson can apply for City grants and subsequently tear down homes of such value and heritage nature as 207 Princess Street, and noted that the persons who signed the petition are very much opposed to the demolition of the building. Mrs. Bullock advised that, while she does not have the knowledge to determine if the building is about to fall over, the interior of the building is intact and in good condition; also advised that she became aware of the situation through the newspaper only on October 17 and, being unable to understand how this building could be considered for demolition, appeared before the Planning Advisory Committee where she was basically told there was nothing she could do in this regard; and expressed the understanding that the criteria for a H.I.D. grant is that the property must be a vacant lot and, if not a vacant lot, it must involve a home that is dilapidated and well beyond repair. Mrs. Bullock asked how, as in her opinion, the building is not dilapidated nor is the lot vacant, Mr. Thompson could qualify for a H.I.D. grant; and suggested that, while the building is not protected by its zoning, it can be protected by not approving the H.I.D. grant. Mrs. Bullock asked if the Building Inspector 82-39 COMMON COUNCIL OCTOBER 23, 1989 has inspected the building and whether or not the $60,000.00 property assessment takes into consideration exterior and interior renovations carried out in December 1988; noted that it appears that the H.I.D. grant is recommended with reluctance; expressed her disturbance by the manner in which she became aware of and the short notice of the situation and expressed the opinion that there should be a procedure in place to make all residents aware of proposed demolitions of this nature; and requested Council, prior to making a decision on the H.I.D. grant application, to review the eligibility of Mr. Thompson in view of her understanding of the criteria. Councillor Landers asked if it would be possible for the Building Inspector to inspect the property to which the Mayor replied that Mr. Thompson, if he purchases the building, can demolish it if he so wishes as could any other property owner and that it would not be up to the Building Inspector, where upon Mrs. Bullock expressed the opinion that tax dollars should not be expended in this manner. Mr. Todd clarified that, in order to qualify for a H.I.D. grant, the building does not have to be dilapidated and beyond repair; and Councillor A. Vincent proposed that the matter be tabled pending a legal opinion at the next meeting to which the Mayor replied that Council will deal with the matter. Mrs. Bullock read from a Planning staff report to the Planning Advisory Committee indicating that the building at 207 Princess Street does not appear to be beyond rehabilitation and, therefore, it is unfortunate that, in this case, the use of a City grant program will result in the destruction of a heritage resource which the City would normally try to preserve, and further that, while the H.I.D. program does allow new infill development on lots which are not vacant, the intent of the program is to make funding available only when the existing building is deteriorated beyond repair, and Councillor Landers expressed the opinion that, if the H.I.D. grant in question is approved to demolish a building of the nature of 207 Princess Street, Council must certainly look at the program regulations, to which the Mayor replied that the grant is for infill housing and not to pay the costs. Councillor Landers asked if Mr. Thompson will purchase the property if he does not receive the H.I.D. grant, and suggested that the purpose of the grant in question must be addressed. Councillor Rogers asked that Council consider at this time the City Manager's report regarding the H.I.D. application for 207 Princess Street, the Planning Advisory Committee's letter regarding the Manford M. Thompson Construction Company Limited Subdivision at 207 Princess Street, and the letter from Mr. Donald Gillis regarding the proposal to demolish 207 Princess Street. Consideration was given to a report from the City Manager submitting a summary of the application of Manford Thompson Construction Company Limited for funding through the Housing Through Infill Development Program relative to the construction of five townhouses at 207 Princes Street, which involves the demolition of an existing building on the site; noting the concern expressed about the demolition of the building due to its age and architectural features and that the present Program guidelines do not preclude this from occurring, although the Planning Advisory Committee has adopted a recommendation requesting Council to review the guidelines in this regard; advising that, although it is the opinion of some staff that rehabilitation of the property is both possible and reasonable, the applicant feels otherwise and is of the opinion that it is more economical to demolish the building and replace it with another housing form; also submitting an outline of a number of variances relative to this project considered and approved by the Planning Advisory Committee, which should be a condition of approval of the H.I.D. grant; also advising that the eligible H.I.D. grant is estimated at $69,975.00; and recommending that (1) Common Council approve a Housing Through Infill Development Grant of $69,975.00 in favour of Manford Thompson Construction Ltd. relative to the development of a 5-unit townhouse project at 207 Princess Street subject to the conditions imposed by the Planning Advisory Committee; and (2) the H.I.D. guidelines be amended to remove the eligibility of projects involving the demolition of existing buildings, pending a report by staff to Council on alternative guidelines prior to November 30, 1989. Consideration was also given to a letter from the Planning Advisory Committee advising that, with regard to the subdivision application of Manford M. Thompson Construction Company Limited for 207 Princess Street, both the property owner and the applicant, as well as a number of persons who spoke in favour of or against the application, attended the Committee's October 17 meeting, and those against also expressed the need for the City to exercise greater control over demolition of buildings, and that the Committee received one letter supporting the application and one letter expressing concern about the demolition of the existing building; and 82-40 COMMON COUNCIL OCTOBER 23, 1989 recommending that (1) the payment of $1,760.00 be accepted as money in lieu of land for public purposes; and (2) Council give consideration to: (i) control of the demolition of buildings, and (ii) clarification of the objective to retain good quality historic building stock while promoting infill housing. Consideration was also given to a letter from Mr. Donald Gillis of 231 Princess Street expressing support to Mr. Manford Thompson's proposal to remove 207 Princess Street and replace it with five single-family, owner-occupied townhouses; and urging Council to made the wise and informed choice and approve Mr. Thompson's request for a H.I.D. grant. Councillor Rogers suggested that Council can only deal with the intent of the H.I.D. grant and referred to the indication in the City Manager's report that, in developing the guidelines, it was contemplated that the buildings demolished would be beyond reasonable rehabilitation, and that the subject case involves the demolition of an occupied building with some heritage features and that it is the opinion of some staff that rehabilitation of the property is both possible and reasonable, and further that the City should not be encouraging the demolition of buildings which can be reasonably rehabilitated, are contributing to the tax base and providing adequate accommodation. Councillor Rogers asked if approval of the H.I.D. grant in question would be an encouragement to other builders to demolish houses and subsequently apply for and obtain H.I.D. funding from the City and, if so, this would be encouraging public money in private enterprise which, in her opinion, is not the intent of the H.I.D. program, and further that it is her concern that, in view of Council's support of heritage preservation during the past three and a half years, approval of a H.I.D. grant to demolish a historical house, in view of Mr. Thompson's open indication that he will not tear the house down without the money, would be giving Mr. Thompson permission to demolish one of the historical buildings in the City of Saint John. Mr. Todd explained that, although the H.I.D. program was based strictly on economics in that it was assumed that persons would take advantage of the program to tear down dilapidated buildings, the person in this case has chosen to do otherwise and that, although staff is of the opinion that the building can be rehabilitated, in this case the person who is looking at purchasing the building feels otherwise, and that an inspection of the building by staff or anyone else will not necessarily change that opinion as it is a decision Mr. Thompson has to make. Councillor Rogers suggested that the intent of the H.I.D. grant is not to tear down perfectly economically-feasible buildings in the City, especially those with a heritage distinction, to which Mr. Todd replied that the important issue is that the intent is not reflected in the H.I.D. program guidelines approved as it does not state in the guidelines that what is being proposed can be turned down on that basis, and noted that the second recommendation of the City Manager is that the H.I.D. guidelines be reviewed with regard to an amendment to remove the eligibility of projects involving the demolition of existing buildings. During discussion Councillor Fitzpatrick made the observation that the proposed H.I.D. grant is not to demolish the building and that, if the lot were vacant, the grant amount would be the same as that recommended and based on the assessed value; and Councillor M. Vincent, upon Mr. Todd's confirmation that the H.I.D. application conforms with the specific guidelines, asked if the City Solicitor has had any reason to review this from a legal status as to whether or not the application conforms, to which Mr. Rodgers replied that he has not been requested for an opinion in this regard. Councillor Knibb noted the presence in the Council Chamber of Mr. Manford Thompson and suggested that he should be invited to address his application for H.I.D. funding. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Mr. Manford Thompson be invited to address Council at this time. Question being taken, the motion was carried. Mr. Manford Thompson stated that he is not against preserving historic buildings in the City of Saint John, and advised of the approach by the present owner of 207 Princess Street several months ago for him to purchase the building as a result of 82-41 COMMON COUNCIL OCTOBER 23, 1989 the owner's failure to obtain a grant to upgrade the subject property as the property was not eligible for funding, and rather that, after entering into an agreement with the property owner, he investigated and established that the building was not designated as a historic building as it is not within the Preservation Area, and that he was informed that his proposal required a number of variances but would meet the criteria for a H.I.D. grant, such variances which were approved by the Planning Advisory Committee. Mr. Thompson commented on the condition of the building based on his inspection which led to his conclusion that, while the building could be repaired, it would cost tens of thousands of dollars which is not economically feasible for the present owner or his Company. Deputy Mayor Gould asked if Mr. Thompson would be prepared to delay his project if an interested party came forth to repair the building to which Mr. Thompson replied that, if the project is to proceed, he would prefer to carry it out under winter construction and that, although his agreement with the owner is to take over a vacant building, the tenants must be given thirty days notice to vacate. Councillor Landers suggested that the building at 207 Princess Street could be within the Preservation Review Area in the future whereupon Mr. Thompson asked who, if the building is designated as historic, is going to fund the repairs on the basis that a private owner cannot afford to do so and with regard to Councillor Landers question as to whether or not Mr. Thompson would proceed without the H.I.D. grant, Mr. Thompson replied that, without the H.I.D. grant, it would not be feasible to do what he is trying to do on the basis that he is passing the H.I.D. grant on to the purchasers of the townhouses in the uptown area through a lower market price than he could without a H.I.D. grant, and is using the grant to keep the sale price down. Councillor Fitzpatrick expressed the opinion that Mr. Thompson has met the criteria and proposed that the H.I.D. grant be given. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that Council approve a H.I.D. grant estimated at $69,975.00 in favour of Manford Thompson Construction Limited relative to development of a 5-unit townhouse project at 207 Princess Street subject to the conditions imposed by the Planning Advisory Committee. Councillor A. Vincent advised that he cannot support the above motion without a legal opinion. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table pending a legal opinion. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling and Knibb voting "nay". The Mayor called for the question on the original motion whereupon Councillor A. Vincent rose to a point of order and advised his intent to remove himself from the Council table and abstain from voting on the motion on the basis that he would not vote without a legal opinion. (Councillor A. Vincent withdrew from the Council table.) Councillor M. Vincent concurred with Councillor A. Vincent's request for a legal opinion prior to voting on the motion to which Mr. Rodgers replied that he cannot give a legal opinion at this time and would need to examine the relevant policies and materials form the point of view of whether or not Mr. Thompson qualifies for the H.I.D. grant, and suggested that Council may wish to adjourn the meeting for a few hours to provide an opportunity for him to commence his examination forthwith and return to the meeting with an opinion or a request for additional time. 82-42 COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table and that the City Solicitor attempt to provide his opinion later in the meeting. Question being taken, the tabling motion was carried. Discussion ensued regarding whether or not Council should continue with or adjourn the meeting in view of the late hour and number of agenda items remaining, and to resume the meeting at a later date. (Councillors Davis and Fitzpatrick withdrew from and Councillor A. Vincent re-entered the meeting.) On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor M. Vincent expressing concern, on behalf of the Lakewood Heights Home & School Association, with respect to safety for the children who use the walkway between Summit Drive and Lakeview Drive both going to and coming from the Lakewood Heights School, as there has been no action on the improvements to this route following the Lakewood Avenue improvements in 1985; and requesting that this matter be referred to the City Manager for a report to Council at the earliest opportunity so that this problem can be rectified immediately -- be received and referred to the City Manager for a report to Council, including a report on the matter of a sidewalk on Summit Drive. At Councillor Lander's request, the mover and seconder of the above motion concurred to include a request for information on Summit Drive. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A. Saint John Harbour, expressing appreciation for naming the overpass on Church Avenue after him, as it is a great honour to be so recognized by the City of Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the report from the City Manager advising that, during the 21 weeks of operation, a total of 151,865 visitors registered at the City's tourist information centres in 1989 which represents a 42% increase over the total registrations of 106,913 in 1988 and while visitors counselled at the newly-acquired information centre on Highway 1 West numbered 42,891 contributing to the significant increase in a large part to the season's totals, the 1989 figures nonetheless, excluding the Highway 1 West centre registrations, are still ahead of last year by more than 2,000; also advising that, comparing the City's 1989 figures with the Provincial registration figures for 1988 at the Highway 1 west Centre for the same 14-week period, registrations were up by 8% in 1989; and commenting on other matters pertaining to the tourist information centres' 1989 operations -- be received and filed. Councillor Rogers suggested that a decrease of 29% recorded at the Tug Tourist Information Centre, which should be taken into consideration when preparing for the 1990 season. Question being taken, the motion was carried. 82-43 COMMON COUNCIL OCTOBER 23, 1989 (Councillor Fitzpatrick re-entered the meeting.) On motion Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Maritime Limited - supply of asphalt October 4-10, 1989 $18,041.52 - supply of asphalt October 11-17, 1989 $23,776.23. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely: 1. Contract 89-4, Sand Cove Road 12" Watermain Hank E. Merchant Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated October 10, 1989 Final holdback release $202,280.00 $202,280.00 181,874.54 NIL 157,059.60 $ 24,814.94 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that Buckley and Associates Ltd. was unable to discover a major single cause for the deterioration of the Ashburn Lake road surface but has indicated that failure was probably caused by a combination of several contributing factors, including (a) the possible insufficient compaction of granular material in some areas, (b) a suspicion that the emulsion spray rate in the chipseal operation may have been inadequate for the encountered conditions, (c) the effect of high-speed traffic during and after placing of chipseal, and (d) the effect of capillary action causing moisture to contaminate the granular material both during construction and especially during periods of storm run-off and winter conditions; also advising that the consultant's report recommends that additional fill be placed on the existing road surface so that at least 3 feet of granular material exists above the level of water in the drainage ditches or peat encountered under the road surface, which will require the placing of an average 1 foot layer of compacted granular material over the entire 5,000 foot length of roadway, which can be completed in the current construction season if an immediate start is made, and that an asphalt surface be employed; further advising that staff recommends the following procedure; - (1) the placement of the necessary fill this fall; (2) the paving of an approximately 400 foot length of road by the commercial section near Drury Cove Road, with funding allowed for costs of these tow items in the 1989 Transportation Capital Program; and (3) budgeting the paving of Ashburn Lake Road in the 1990 Transportation Capital Program at an estimated cost of $140,000.00, and recommending that this request for additional funding for further paving be referred to the 1990 Capital Budget committee -- be received and filed and the recommendation adopted. Mr. Robichaud, in response to Council queries, advised that as far as he is concerned there is no liability on the part of any party otherwise he would be 82-44 COMMON COUNCIL OCTOBER 23, 1989 recommending action; that, with respect to the possibility of problems being experienced by not completing the paving all at one time, a better foundation on which to place asphalt will result by allowing the gravel to go through the winter; however, due to the business located at one end of the road, asphalting in that area in 1989 is recommended; and further that the only additional cost to the City is, in fact, $33,400.00 worth of chipseal and $6,250.00 for the consultant's reports to date, and that if staff had known then what is known now, the additional gravel would have been included in the original contract for placement over the full length of the road. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the tender of Otis Canada Inc. be accepted for supplying maintenance to the St. Patrick Street pedway elevator and escalator at a monthly cost of $1,137.00 for a period of two years commencing December 1,1989. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the lowest tender received as indicated on the submitted bid summary, be accepted for the supply of sand and gravel and other aggregates to be delivered on an as-required basis over a period of 12 months. The Mayor asked the manner in which it is determined that the suppliers have the right type of sand and gravel, and also asked the principal of Maritime Construction Ltd., to which Mr. Robichaud replied that material is tested to ensure it meets the required degradation before purchasing and that a soil engineering firm would be hired to test the material at the gravel pit; and Messrs. Armstrong and Robichaud apprised Council of the tenderers' principals. Question being taken, the motion was carried with the Mayor voting "nay". Read a report from the City Manager advising that the development of Brentwood Park Phase 4 met the original 24-month timeframe of the Greater Residential Incentive Program grant by developing 40 units, and a further 8 units have been constructed between the 24th and the 30th month thereby making the developer eligible for GRIP funding on these units at a reduced rate as permitted by the policy adopted by Council on December 12, 1988; also advising that, since the total grant for which the development qualifies exceeds that approved by Council on July 7, 1986 and subsequently increased on May 15, 1989, approval of the higher amount is required, and that the total GRIP funding for this project will increase to $243,018.60 which will be offset over time from the tax revenue received from the additional units developed; and recommending that the level of GRIP funding be increased. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the level of Greater Residential Incentive Program funding for Brentwood Park Phase 4 be increased from $209,818.60 to $243,018.60. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, during the November budget preparation, specific items 82-45 COMMON COUNCIL OCTOBER 23, 1989 proposed to implement the Goals for Saint John will be recommended by staff, with the next steps to involve other elements of the community, including the various boards, committees and commissions; and noting several of the next steps identified to communicate the Goals for Saint John even further by community involvement in their implementation -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, an amount of $12,891.93 be paid to Micro Precision for the microfilming done in the Building & Technical Services Department. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Industrial Gold Milling Ltd., in the amount of $1.62 per square metre, be accepted for planing asphalt on various City Streets. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the City Solicitor regarding the question of hunting in Rockwood Park on which he was asked for an opinion at the October 16 Council meeting; noting that, as indicated in the submitted copy of his November 1986 opinion to Council in this regard, hunting and the discharge of firearms is prohibited in Rockwood Park, and the relevant act for enforcement is the Provincial Fish and Wildlife Act which is enforced by the police and game wardens appointed by the Minister of Natural Resources and Energy; and concluding that, while signs may be posted, because hunting is absolutely prohibited in the Park during all seasons of the year, it is not necessary to post signs for the enforcement of the Act -- be received and filed and appropriate action be taken, and that a copy of the letter be referred to the Saint John Board of Police Commissioners. Deputy Chief Thompson advised that, with regard to Councillor A. Vincent's reference to an incident on Mountain Road involving the firing of gun shots, the Department is investigating this matter and will provide a report. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) The Mayor asked Mr. Rodgers is he has a legal opinion with respect to the motion to approve a Housing Through Infill Development grant for Manford Thompson Construction Ltd. which was tabled earlier in this meeting, to which Mr. Rodgers replied that it is his opinion that Mr. Thomspon, under the guidelines adopted by Council in 1987, is eligible to make an application for a H.I.D. grant and that, as he has made the application, Council is now is in a position to examine all of the evidence put before it at this meeting and decide what weight it wants to give the information pertaining to the historical significance of the building at 207 Princess Street; however, the important point for Council to understand is that, even though Mr. Thompson is eligible to apply under the guidelines adopted, he is not automatically entitled to a grant as this is a Council decision. The Mayor called for the question on the motion to adopt the City Manager's recommendation that Common Council approve a H.I.D. grant estimated at 82-46 COMMON COUNCIL OCTOBER 23, 1989 $69,975.00 in favour of Manford Thompson Construction Ltd. relative to development of a 5-unit townhouse project at 207 Princess Street subject to the conditions imposed by the Planning Advisory Committee. Question being taken, the motion was carried Councillor Landers and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Housing Through Infill Development program guidelines be amended to remove the eligibility of projects involving the demolition of existing buildings, pending a report by staff to Council on alternative guidelines prior to November 30, 1989. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the presentation by Mrs. Wendy Bullock and the letter and the letter from Mr. Donald Gillis concerning 207 Princess Street -- be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on October 16, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould Knibb, Landers, Rogers, A. Vincent, and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the property at 63 Mecklenburg Street (L.R.I.S. Number 4432) be sold to Mr. Corey Stephen for a price of $6,750.00; (2) Mr. Stephen be given an option to purchase the land for this price until January 31, 1990, at a cost of $675.00 which will be used as part of the purchase price and that, during the option period and as a condition for exercising the option, the purchaser shall receive Planning Department, Building Inspection, and, if necessary, Planning Advisory Committee approval for the development and must also receive approval for a Housing Through Infill Development Grant and, if any of these are not received, the cost of the option will be returned; and (3) the City retain an option to reacquire the property for the purchase price if a residential building is not completed on it within a period of one year of the transfer of title which will take place within 30 days of exercising the option. 2. That as recommended by the City Manager, (1) the City acquire from the Jordan Estate represented by Regina Jordan the land shown as L.R.I.S. Number 350934 that is within the Loch Lomond watershed in exchange for an equal area of City land on St. Martins Road that is outside the Loch Lomond watershed; (2) the City land to be exchanged will include that portion of L.R.I.S. Number 354696 located on the northern side of St. Martins Road that is outside the Loch Lomond watershed plus a portion on the southern side of the road at the eastern and of the property with an area sufficient to give the City parcel an equal area with the Jordan land; and (3) each party will be responsible for preparing the necessary survey and subdivision plans of their property to complete the exchange. 82-47 COMMON COUNCIL OCTOBER 23, 1989 3. That as recommended by the City Manager, (1) Moose Mountain Farms Ltd. be granted a license for as long as the building exists to permit the encroachment of a building on the municipal services easement crossing Lot 1 C of Eastwood Subdivision Phase 3, the license to cover an area of 1.31 meters more or less x 7.32 meters as shown in a Surveyor's Real Property Report prepared by Kierstead Surveys Ltd. dated September 13, 1989; (2) Moose Mountain Farms Ltd. be granted a license for as long as the building exists to permit the encroachment of a building on the municipal services easement crossing Lot 2D of Eastwood Subdivision Phase 3, the license to cover an area of .49 meters more or less x 7.62 meters as shown on a Surveyors Real Property Report prepared by Kierstead Surveys Ltd. dated July 7, 1989; (3) any costs associated with granting the license are to be paid by the applicant; and (4) the license shall contain a clause exempting the City from any and all liability in the event of any damage caused to the buildings as a result of excavation or other work carried out within the easement and further that Moose Mountain Farms Ltd. shall indemnify and save harmless the City from any action that may be brought for any damage to such buildings. 4. That as recommended by the City Manager, the Draftsman II position in the Planning Department be reclassified to that of Planning Technician I. October 23, 1989, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, Chairman On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Councillor Fitzpatrick asked for confirmation from the Director of Community Planning that it is not the intent to recommend to Council hiring another Draftsman II in the near future, to which Mr. Bedford replied it is not anticipated that a draftsman will be required because adoption of the above motion will delete the draftsman position and replace it with a technician position. Question being taken, the motion was carried. 82-48 COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to a subdivision plan of the Robert Brown Subdivision at 200 Clark Road prepared in accordance with the submitted photo reduction with respect to the 91 meter (300 foot) extension of the Clark Road; and (2) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure construction of the 91 meter (300 foot) extension of the Clark Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the four subdivision plans of which photo reductions are submitted with respect to the vesting in the City of Parcels "M", "N", "L" and "K" for the widening of McAllister Drive and Westmorland Road. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from the Master Plumbers Examining Board recommending that, with the retirement of Burton E. Gale, the position of Plumbing Inspector be filled forthwith by a licensed plumber and that any vacancies that occur in the area of Plumbing Inspection be filled by licensed plumbers -- be referred to the City Manager for a report to Council at its next meeting. The motion originally proposed was to adopt the recommendation, whereupon the Mayor asked Councillor A. Vincent, Chairman of the Board, if he has discussed this matter with the Commissioner of Human Resources in view of the City Manager's indication that this matter is under discussion through that Department. Councillor A. Vincent replied in the negative and expressed the understanding, based on his discussion with Mr. Johnson, that it is his wish to put an engineer in the position. Mr. Taylor advised that he and Messrs. Groody and Johnson are presently reviewing this matter in anticipation of posting the position in the very near future. The Mayor called for the question on the motion to adopt the Board's recommendation and, during discussion of whether or not the Plumbing By-Law requires that the position be filled with a plumber or a master plumber, Councillor Coughlan made the observation that to vote on the recommendation could prohibit staff in its action to post the position and that it should first be determined whether or not the position must be filled with a plumber or a master plumber, and the Mayor subsequently called for the question on a motion to refer the matter to the City Manager for one week. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning advisory Committee, (1) the sum of $1,760.00 be accepted as money in lieu of land for public purposes with respect to the Manford M. Thompson Construction Company Limited Subdivision at 207 Princess Street; and (2) Common Council give consideration to (i) clarification of the H.I.D. objective to retain good quality historic building stock while promoting infill housing. Question being taken, the motion was carried. 82-49 COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Ronald Garland, an employee of the Works Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. Consideration was given to a resolution submitted by the Saint John Parking Commission regarding the appointment of Mr. Raymond George Birt as a By- Law Enforcement Officer. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8 (1) of the Saint John Traffic By-Law, namely: Mr. Raymond George Birt: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Chief of Police submitting correspondence considered by the Saint John Board of Police Commissioners from Mr. George M. Melvin, Coordinator - Transportation of York- Sunbury Search & Rescue Inc. wherein he requests a small annual grant; advising that the Board was very supportive of the services provided by this group but did not feel that the Force budget was the proper source from which such a request should be addressed; and concluding that the assistance provided to the Police Force by five ground search and rescue groups in situations such as the recent Greene Search in the Red Head Area is immeasurable in terms of funds saved by the Force in particular, and by the Community in general -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Federation of Canadian Municipalities submitting a copy of the FCM brief to the House of Commons Standing Committee on Finance with respect tot he proposed goods and services tax; advising that, while the recent Technical Paper on the Goods and Services Tax does not meet the commitment of the Minister of Finance to no greater burden on municipalities, considerable progress has been achieved and that, through negotiations and discussion with the Minister and his officials, the major deficiencies of the original 1987 White Paper On Tax Reform with respect to municipalities have been corrected, and that these were noted in the FCM's Brief; also advising the FCM has not taken a position on the global merits of the proposed GST but has confined its efforts to those matters of direct effect on municipal administration and, with respect to the larger questions, the National Board of Directors recently urged the Government to reconsider its implementation date of January 1, 1991 which, in light of all the comments and 82-50 COMMON COUNCIL OCTOBER 23, 1989 concerns, is unrealistic and does not provide adequate time for full public consultation and development of administrative structures; and concluding that FCM is hopeful that the remaining deficiencies will be corrected by negotiations -- be received and filed. The Mayor suggested that Mr. Wilson, who was involved in the preparation of the above brief, should address at Council's next meeting the effect of the general sales tax on the City of Saint John. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above matter be laid on the table and the Commissioner of Finance address the effect of the general sales tax on the City at the next meeting. Question being taken, the tabling motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Provincial-Municipal Council Inc. submitting a further response to a resolution originating from Saint John to the Cities of New Brunswick Association with respect to VIA Rail -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Libby Shackleton making the observation that, with regard to recent media attention to the problems of environmental pollution, cleaning up the air and eliminating the antiquated system that dumps raw sewage into the harbour are major problems whose solution will require major expenditures, and that action can be taken right away on the just as serious but less costly and easier to tackle problem of the polluting effect of the massive amount of garbage carted to dumpsites from homes, offices and retail businesses, a large percentage of which is recyclable; and suggesting that there is nothing anyone can do without a comprehensive recycling program which makes it convenient to separate trash, have it collected and have it trucked to appropriate recycling centres, and that it is timely for the City to join the conscientious by showing it cares about the environment and the future -- be received and filed. Mr. Taylor advised that the above letter has been responded to whereupon the Mayor asked that Council members be provided with a copy of the reply in their information items at the next meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from the Crescent Valley Tenants Association expressing concern about commercial vehicle traffic in the Crescent Valley area, and asking that this matter be looked into to see if anything can be done to rectify same -- be referred to the City Manager for a report to Council at its next meeting. Councillor M. Vincent asked that his previously requested report on truck routes in the City be submitted with the above report. Question being taken, the motion was carried. 82-51 COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Central Business Development Corporation referring to the October 10 presentation to Committee of the Whole with respect to its development of a sign to attract pedestrian and vehicular traffic to the Trinity Royal area, and requesting the City to pay for the ongoing hydro required to operate the lights to illuminate the sign -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Central Business Development Corporation asking to work with City departments as much as possible in the City's planning decision schedule for streets/sidewalks improvement in the uptown area -- be received and filed and the City Manager inform the Corporation of the scheduled improvements in this regard following adoption of the 1990 operating budget. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Cyril Page regarding fluoridation of the water supply -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Irving Oil Limited for the re-zoning of 10 Sydney 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 December 4, 1989. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Lawrence and Beverley Gallant for the re-zoning of 289 Churchland Road 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 December 4, 1989. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Rosi Jori requesting, on behalf of the students and faculty at UNBSJ, a donation to assist in the publication costs involved with a book, "Saint John, An Illustrated History", to be published coinciding with the 25th anniversary celebrations of UNBSJ -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 82-52 COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Del Ferguson requesting, as he did not have enough time to voice his concerns fully at Council's meeting of October 10, to appear at this meeting regarding the flood risk area and the quarry and cement plan operation at 170 Ashburn Road; and also to be granted the privilege of commenting on the City Manager's findings or report, as the case may be, immediately after it is presented -- be referred to the City Manager for consideration in his report to Council. Councillor Landers asked if it is possible for Mr. Ferguson to appear before Council at this meeting as requested to which the Mayor replied in the negative, and Mr. Taylor advised that a report on Mr. Ferguson's presentation should be submitted to Council in two weeks. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Anne M. Byrne, solicitor for Willard Trites, explaining that Mr. Trites was at the Council meeting of September 25, 1989 for the public hearing of his re-zoning application for 327 Charlotte Street but that, having been informed by his lawyer at 4:00 o'clock that he would not be appearing and that Mr. Trites should represent himself, when the time came to speak in favour of the re-zoning, he just could not get up as he has great difficulty speaking in from of a crowd and was unable to garner enough courage to do so; submitting a copy of a petition supporting his application; and requesting, in light of the information submitted, Council to allow Mr. Trites to either immediately make another application or the opportunity to have a representative appear before Council to speak on the previous application which was denied -- be referred to the Legal Department. Councillor Landers asked why Mr. Ferguson is unable to speak on his above letter to which the Mayor replied that Council has already considered Mr. Ferguson's request, and she ruled that Council is now dealing with the above motion to refer from Mr. Williard Trites' solicitor to the Legal Department. Question being taken, the motion was carried. Councillor Landers rose on a point of order on the basis that the Mayor prevented her from completing her comments on Mr. Ferguson's request to appear before Council at this meeting to which the Mayor replied that there is a procedure in this regard, and the Common Clerk advised that, as the City Manager's report on Mr. Ferguson's previous presentation has not been received by Council, she was unable to schedule Mr. Ferguson for another presentation on the same matter. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from New Brunswick Crafts Council Inc. requesting the financial support of Common Council in the form of a Best Booth Award to be presented in the name of the City of Saint John during the craft show and sale at the Trade and Convention Centre on November 25 and 26 -- be received and filed Councillor Fitzpatrick questioned the amount concerned to which the Mayor replied that a plaque will be given by the City. Question being taken, the motion was carried. 82-52A COMMON COUNCIL OCTOBER 23, 1989 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Mediacom Inc. for an amendment to the Section 39 resolution with regard to the re- zoning of 665 Loch Lomond Road 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 December 4, 1989. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk