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1997-10-20_Minutes 86-653 COMMON COUNCIL OCTOBER 20, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of October, AD. 1997, at 3:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Acting Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; B. Malone, Planner; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A Bodechon, Assistant Deputy Chief of Police; A Martin, Assistant Deputy Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; D. Wilton, Police Department; Ms. E. Chisholm, Police Constable; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Pastor David Warren of Saint John Four Square Gospel Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 14, 1997, be approved. (Councillor Vincent entered the meeting.) Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary proclaimed October 20 to 26, 1997 as Technicians and Technologists Week in the City of Saint John; advised that on Saturday, October 18 the New Brunswick Country Music Hall of Fame held its 15th annual induction ceremony in Saint John; and extended congratulations to the City's Manager of Intergovernmental Affairs Edward Farren, who was recognized with a business award by UNBSJ for his outstanding work and time committed to the University. The Mayor noted the forthcoming Naval Tattoo on October 25, as well as the Common Council meeting commencing at 9:00 o'clock a.m. on October 25 to deal with the 1998 budget. 4. Saint John Police Force Implementation Team Update Chief Sherwood presented the report of the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks. On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks be received and filed. 86-654 COMMON COUNCIL OCTOBER 20, 1997 With regard to the Differential Response Office, Chief Sherwood advised of the request to Mr. MacKinnon's staff to relocate the office to the Mall Level of the City Hall adjacent to the barber shop/beauty salon, and that one or more officers might work out of that office as well, including the District Services Co-Ordinator and perhaps a Station Sergeant, and commented on the matter of exterior signage for the Differential Response Office. Question being taken, the motion was carried. Mayor McAlary welcomed to the meeting Saint John Police Force Implementation Team members Anne Marie McGrath, Anne Marie Mullin, Csts. Parks, Oram and Wilcox, and Team Facilitator Keith Taylor, as well as other members of the Police Department, including Cst. Elizabeth Chisholm and Mr. David Wilton. 5. Introduction Of Victim Services Consideration was given to a report from the Chief of Police advising that a sub-committee established by the Saint John Police Force Implementation Team to review the needs of the Police service was unanimous and supported by the Implementation Team to establish a Victim Services Unit and that, to ensure there was no duplication of services, a member of the Provincial Victim Services Unit participated as a member of the sub-committee; setting out a proposal for a police-based victim assistance program, and submitting a draft Job Description & Posting for the position of Co-Ordinator Victim Services; suggesting that, although a detailed cost estimate would be provided once the program has been designed and approved by the Chief of Police, consideration should be given in the 1998 budget deliberations for necessary equipment to mobilize the Unit; and recommending that this report be received and filed and a new position of Co-Ordinator of Victim Services be added to the Police Establishment. Chief Sherwood highlighted the above report, noting the victim/witnesses assistance services that each police force must meet under the New Brunswick Policing Standards, the Letter of Agreement #3 in the new collective agreement with Local 61 which would provide an opportunity to establish a Victim Services Unit staffed almost entirely by volunteers, as well as the Perivale + Taylor recommendation that a Victim Services Unit be established. Chief Sherwood also noted the growth in citizens' advocacy over the past two decades, with crime victims and survivors of deceased victims having formed organizations, such as Mothers Against Drunken Drivers (M.AD.D.), in order to lobby for better enforcement of, and changes to, existing laws. Assistant Deputy Chief of Police A Bodechon advised that the sub- committee formed from the Implementation Team reviewed existing victim services programs across Canada, primarily looking at those in the Atlantic area, including Halifax, Moncton and Fredericton, as well as that of Peel Regional which is a leader in the victim witness program in the policing community, and Vancouver and, in naming the sub-committee members, noted the presence at this meeting of Ms. Mullin, Constable Elizabeth Chisholm and Mr. David Wilton of the Police Department. ADC Bodechon explained that the sub-committee members, in arriving at a recommendation of how the Saint John Police Force should proceed, did not design the particular program for the Police Force at this time as it was thought better that the full-time coordinator, who was absolutely necessary to the program, be hired and then, in conjunction with them, develop a program from the face up; and, through a computerized slide presentation (copies of which were distributed to Council members at this meeting), introduced the Victim/Witness Services Program for the Saint John Police Force, including its requirements, suggestions for program development, a mission statement, potential types of services, and financial implications for the cost of a full-time coordinator and equipment for the unit. Chief Sherwood noted the recommendation and advised the intent to work with Mr. Groody's Office in attempting to identify an appropriate classification for the proposed position of Co-Ordinator of Victim Services and a costing for it, with the figures hopefully to be available for Council on Saturday, October 25, when it contemplates the 1998 budget for the Saint John Police Force. 86-655 COMMON COUNCIL OCTOBER 20, 1997 Chief Sherwood and ADC Bodechon responded to questions on the proposed Victim Services Program and the possible cost of equipment, the latter which ADC Bodechon advised could be in the vicinity of $30,000 to $40,000, although there could be an opportunity to obtain funding from other sources as it would not be uncommon in the policing community to have this Program totally funded, with the exception of salary, outside the Police budget. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the presentation on the introduction of victim services for the Saint John Police Force be referred to the budget process, In response to Councillor Waldschutz' suggestion that the recommendation was dealing with the Police Establishment and should be dealt with at this time, the Mayor noted that Council, if it wished to increase the Establishment, could wait until it was included in the budget. Question being taken, the motion was carried. 6. Strategic Plan For Saint John Police Force Consideration was given to a report from the Chief of Police explaining the context for the Strategic Plan and the nine-step process to be used to develop it, the completion of the strategic plan having tentatively been set for early in December, although the Implementation Team has determined that a longer time frame is necessary to accommodate additional presentations and consultation and completion of the strategic plan process is now targeted for February 1998; and recommending that the strategic plan process outlined be approved and that this report be received and filed. Chief Sherwood noted that the Perivale + Taylor report identified as an action the development of a Police Force strategic plan and the use of two documents currently considered plans for the Police Force, being the 1995-99 Strategic Plan, developed in 1994 by the management group, and the Perivale + Taylor report of October 1996. ADC Bodechon, through a computerized slide presentation, outlined the process to be followed in the development of a strategic plan. (Councillor Fitzpatrick withdrew from the meeting during the above presentation. ) On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the report from the Chief of Police explaining the context for the strategic plan and the nine-step process which would be used to develop it -- be received and filed. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 7. Saint John Police Force 3rd Quarter Activity Report Comparison 1995, 1996 And 1997 On motion of Councillor Waldschutz Seconded by Councillor Vincent RESOLVED that the 3rd Quarter Activity Report Comparison for years 1995, 1996 and 1997 of the Saint John Police Force -- be received and filed. 86-656 COMMON COUNCIL OCTOBER 20, 1997 Question being taken, the motion was carried. 8. Policing Services Grand Bav-Westfield Consideration was given to a report from the Chief of Police further to Council's adoption on September 8 permitting the Saint John Police Force to enter into the policing proposal process initiated by the Solicitor General of New Brunswick for the newly-formed community of Grand Bay-Westfield; advising that, as the Saint John Police Force's proposal is not based on a flat rate as capital costs and some operational costs cannot be accurately determined at this time, the Force is unable to adequately meet all of the criteria, and also that the RCMP proposal will meet all criteria while providing a flat rate cost structure; and recommending that the Saint John Police Force withdraw from the Grand Bay-Westfield policing proposal process. On motion of Councillor Fitzpatrick Seconded by Councillor Waldschutz RESOLVED that as recommended by the Chief of Police, the Saint John Police Force withdraw from the Grand Bay- Westfield policing proposal process. Councillor Knibb spoke against the above recommendation on the basis of his anticipation that the Saint John Police Force, by its level of excellence, would become the core of a regional police force to include both Rothesay and Grand Bay- Westfield and on the question of fairness of the RCMP's costing which, in a municipality with a population under 5,000, would be covered 70% and 30% by the Federal Government and Province, respectively, and suggested that this matter should be referred back to the Saint John Police Force for submission of a proposal. In response to Councillor Trites, Chief Sherwood confirmed that a third option would be to expand the existing Grand Bay Force and call it the Grand Bay-Westfield Regional Police Force. Moved in amendment by Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above motion be amended by adding the following:- and further that the Saint John Police Force offer its services to the Village of Grand Bay-Westfield in cooperation with it in establishing a new municipal, or expanded municipal, police force should that be its wish. Councillor Trites suggested that the matter could be tabled so that a better recommendation could be submitted to Council, and the Mayor advised that she did not want to table the matter because other Council members wished to speak. The Mayor called for the question on the amendment with the Mayor and Councillors Arthurs, Ball, Gould and Waldschutz voting "nay", and subsequently questioned Councillor Knibb as to whether or not he had voted on the amendment. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with the Mayor, Deputy Mayor Chase and Councillors Arthurs, Brown, Gould, Knibb and Waldschutz voting "nay". Question being taken, the amendment to the motion was carried with the Mayor and Councillor Gould voting "nay". During discussion Chief Sherwood and ADC Martin responded to questions on the cost of the Saint John Police Force's proposal, and the number of 86-657 COMMON COUNCIL OCTOBER 20, 1997 officers and staff in the Grand Bay Police Force, and the Mayor expressed support for the Chief of Police's recommendation in that, in her opinion, the Saint John Police Force was not ready to provide services to Grand Bay-Westfield and there was a long way to go in implementing the recommendations of the Perivale + Taylor report. On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the above matter be laid on the table and the Chief of Police be asked to give further consideration to the issue and submit to Council all of the facts and figures for Council's review. Question being taken, the tabling motion was carried with the Mayor voting "nay". 9. Police Force Governance Consideration was given to a report from the Chief of Police advising that the City of Saint John has two governance alternatives from which to choose for the Saint John Police Force: (1) to continue immediate responsibility for the direction of Police services; and (2) to delegate the responsibility for Police services through establishment of a board of police commissioners under Section 7 of the New Brunswick Police Act; and making the observation that, as the Perivale + Taylor report did not recommend one governance model over another, it is a question within the Saint John context of which form of governance will deliver the best Police services for the community, and the issue to be determined is whether Common Council can provide the required times and focus and appropriate governance of the Police Force, or whether it should establish an empowered board of police commissioners to carry out that responsibility; and submitting a recommendation in this regard. Chief Sherwood commented in the above regard, noting the two governance alternatives from which Council could chose; and Mmes. Anne Marie McGrath and Anne Marie Mullin, in turn, highlighted the above report, as well as the Ernst & Young diagnostic model for effective corporate governance, and the recommendation to Council. On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that as recommended by Chief of Police, the following points be considered in determining the format for Police governance in the City of Saint John: Council as an elected body has more direct mandate and contact with citizens; Council retains budget setting authority in either case; Council has the option to maintain current status or establish a board with access to disciplinary action re: a member or full board; Council is responsible for a wide spectrum of municipal services and may not have the time to provide special focus on Police; Board establishes recommended "arms length" between police board and political process; Board responsibility is sustained focus on provision of policing services; Board reflects quasi-independent nature of Police service; Board enables members to develop special expertise re: police governance through training; Board establishment still allows Council and City staff to participate in initial orientation; and Board has the time to govern appropriately; and also that Common Council adopt a resolution by year end to retain the current governance model, or to proceed with the establishment of a board of police commissioners based upon the Ernst & Young model submitted. The Mayor noted that Council had dealt twice previously with the issue of establishing a board of police commissioners, and that the above recommendation would tie Council to a time to do so. During discussion Mmes. McGrath and Mullin 86-658 COMMON COUNCIL OCTOBER 20, 1997 responded to questions on matters, including the issue of training for members of a police commission; the cost of a police board in comparison to other municipalities as set out in the above report and note was made of the indication in the report that a police board should be funded separately from the regular police budget, not from the police budget, as well as the possibility that legal and other services could be provided to a police commission by the City; and the membership of a police commission; and Council members, in turn, expressed their views on whether or not a police commission should be established and the timing if one were to be established. Councillor Brown advised that he would not support the above motion as to decide to wait to decide would be like deciding nothing, although he would support a motion to implement a police commission at this time so that members could be put in place and trained so that Council could hand over the responsibility. Mayor McAlary expressed the opinion that, while a police commission might be appropriate in the future, the Chief of Police and management were a lot more accountable to Council than they ever were to the previous commission and, while this was not to say that a future commission would not make them accountable, Council has so many issues with the Police Department with which it is not comfortable; and also that she would not support the motion because it would put Council under a deadline for which it might not be ready. Councillor Gould expressed the view that the problems must be satisfactorily resolved before Council turned the Police Force over to a board of commissioners; and Councillor Fitzpatrick advised that he did not support putting a time frame of the first of the year on the establishment of a police commission, and expressed concern about the possibility of increased costs in the Police Force's budget through the implementation process and the Police contract. Councillor Arthurs advised that, while she believed there should be a police commission in the City, she would not be able to support the motion because of the time limit. In response to Councillor Knibb, Mr. Totten advised that he was not in a position at this time to comment on the suggestion in the above report that legal advice, research support, labour relations advice and a negotiator could be provided by the City; and Mr. Nugent advised that the legislation would provide that, if there were a commission, the commission, not the City of Saint John, would be the employer, which would raise the question of possible consequences if, for example, labour relations were provided by the City of Saint John's labour relations department and, while this might be something that Council would have to decide as a policy matter, it was an issue that should be examined further if Council were to decide that a board of police commissioners was the way Council wished to proceed. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb and Vincent voting "nay". Councillor Brown proposed a motion, which was seconded by Councillor Waldschutz, to start the process of selecting and training members for a police commission for the City of Saint John. Mr. Nugent made the observation that the proposed motion would beg the question of whether it would be an expression of Council, in the event of an affirmative vote, to establish a board of police commissioners in that, while the current legislation provides that any municipality in the Province that wishes may by resolution establish a board of police commissioners and the first step is relatively straight forward in terms of the process, it is impossible to have a member of a board or a commissioner until the board exists and there is no half-way measure and there cannot be a period of time during which there would be some sharing of authority and responsibility by a commission on the one hand and a council on the other, simultaneously. Mr. Nugent advised that he had not given any thorough thought to the mechanism that would operate in terms of a resolution that might establish a board and deal with the appointment and number of members to serve on a board, establishing a budget which would be Council's obligation to provide to the commission, and the issue of transferring the employment of the current members of the Saint John Police Force who are employees of the City by virtue of the Act to an employment relationship with the board; and suggested that, as there are a number of practical but very important considerations that need be given some considerable thought in conjunction with a decision by a council to establish a board of police commissioners, Council should seriously consider at this time whether or not it truly believes it is currently in a position to establish a board with all that goes with it in terms of the details of budgets, 86-659 COMMON COUNCIL OCTOBER 20, 1997 employment relationships, the numbers and composition of the board; thus, in his view it would be premature at this meeting to pass such a resolution. The Mayor expressed the view that this crucial question should be discussed in Committee of the Whole before voting on a motion, and ruled the proposed motion out of order. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that agenda item 9 on the matter of Police governance be referred to the City Manager and the City Solicitor for their comments on the financial aspects of the report and the budgetary implications. The Mayor advised that, as item 9 was dealt with and the motion defeated, she would like to go on to the rest of the agenda, whereupon Councillor Trites made the observation that the above motion relates to where the matter goes from the point where the recommendation was defeated. In response to the Councillor Brown's observation that the City Solicitor just indicated that Council could not start the process, Mr. Nugent made the observation that his advice was that it would be premature to pass at this meeting a resolution establishing a board because it would be essentially in a vacuum and would not work, but, if it were the majority view of members of Council that Council would like some advice with respect to how that process would be implemented, that would be something he could assist in, as perhaps the City Manager could as well. Councillor Vincent asked if the City Solicitor had indicated that the motion proposed earlier by Councillor Brown and seconded by Councillor Waldschutz was an invalid motion on the basis that, otherwise it would still be on the record and would have to be dealt with, whereupon the Mayor confirmed Mr. Nugent's understanding that she had ruled the motion out of order, and Mr. Nugent confirmed that it was legal for her to do so. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 10. Taxi Industrv On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the letter from Councillor Waldschutz suggesting that Council should strike a committee of Council with a mandate to investigate all aspects of the taxi industry in Saint John and report back to Council before year's end with recommendations -- be received and Council strike a committee of three members of Council as suggested and refer the matter to the Nominating Committee for nominations to the committee and to the City Manager for appropriate funding for advertising, holding meetings, secretarial assistance and such. Mayor McAlary referred to Council's May 20 discussion on her letter advising that the Taxi Association had requested that Council review the Taxi By-Law and possibly implement some of the recommendations suggested in the last report produced by the Taxi Review Committee, and that a small committee be established to work with the Taxi Inspector on this issue, and recommending that the Nominating Committee be asked to submit names for appointment to a taxi by-law committee, and the resolution adopted by Council at that time referring the matter to the City Manager, the Chief of Police and the Taxi Inspector for a joint recommendation as to structuring a committee. Councillor Vincent, on a point of order, expressed the view that the debate was completely out of order in that there was a motion on the floor, and called for the question on the above motion. Councillor Arthurs volunteered to serve on the proposed committee whereupon the Mayor advised that the matter was to be referred to the Nominating Committee as Council would not be choosing members in open session at this time. Councillor Fitzpatrick suggested that Council should await the report requested on May 20, and Councillors Knibb and Ball concurred in this regard. 86-660 COMMON COUNCIL OCTOBER 20, 1997 Question being taken, the motion was lost with the Mayor and Councillors Ball, Fitzpatrick, Gould, Knibb and Trites voting "nay". 11. Speakeasy, Horsfield Street On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Waldschutz submitting a letter from Mr. Michael Quinn of Horsfield Street informing him of an ongoing problem living next door to a speakeasy being operated out of the basement of 27 Horsfield Street, as well as a copy of the City's Noise By- Law; and suggesting that the matter of the Noise By-Law enforcement should be referred to the City Manager, the City Solicitor and the Chief of Police to investigate strengthening and making effective the penalty -- be referred to the appropriate authorities. Question being taken, the motion was carried. 12. Tender For Plow Blades & EdQes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for the supply of replacement plow blades and edges, for a period of one year from the date of award by Council, be awarded to the lowest tenderer to meet the specifications of the tender, in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 13. Fairville Boulevard Watermain Relocation Consideration was given to a report from the City Manager advising of a request by the developer of 999 Fairville Boulevard to relocate the watermain to a vacant easement, all at his cost and, as staff was in favour of this and indicated that it would be necessary to create a small section of easement to join the two existing easements, the developer was instructed to put his request in writing so that staff could prepare a report to Council with the recommendation to proceed as indicated; also advising that, while doing some preparatory work on his land, the developer accidentally damaged the watermain and, at his request, the decision was made by staff to proceed to replace the line instead of repairing the damage in that, without the subject watermain in service, the result would be that the area of Sand Cove Road from Duck Cove Lane to the end of the serviced area would be without water. The report also advises that the developer accepted responsibility for all costs of this work, as well as for the cost of a legal plan of survey to redefine the appropriate easements; and submits a recommendation in this regard. On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the portion of easement on Fairville Boulevard designated as Parcel "B", with an area of 329 square metres, as shown on the submitted plan titled "Easement for Municipal Services, Fairville Boulevard" prepared by Murdoch Lingley Limited and dated October 6, 1997, be acquired by the City as an easement for the purpose of accommodating municipal services, and that the City release its easement interest in Parcel "A" (easement to be abandoned) as shown on the said plan, and further that the Mayor and Common Clerk be authorized to execute any necessary documents. 86-661 COMMON COUNCIL OCTOBER 20, 1997 Question being taken, the motion was carried. 14. HIP Application #46 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the Housing Incentive Program application, HIP #46, of Lloyd S. Cathline, for an estimated grant of $20,800 with regard to a development on Sand Cove Road. Question being taken, the motion was carried. 15. Water And Sewerage By-Law Amendment Re Leachate On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of the necessity to modify Section 21 (g) of the Water and Sewerage By-Law in order to accept leachate from Crane Mountain, as well as the necessity, prior to staff presenting the proposed 5-year agreement to Council for approval, to receive additional information from the Fundy Region Solid Waste Commission; and recommending that the City of Saint John By-Law Respecting Water and Sewerage be amended so that Section 21 (g) now reads as follows: "Except as hereinafter provided, no person shall discharge, cause to be discharged, or continue to discharge any of the following into any drain or sewer service connection connecting with the drainage or sewerage system of the City: (g) waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any wastewater treatment or constitute a hazard to humans or animals. "; and that this matter be referred to the City Solicitor for preparation of the formal amendment -- be received and filed and the recommendation adopted: AND FURTHER that the by-law to amend the Water and Sewerage By- Law with respect to accepting leachate from Crane Mountain be read a first time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law to amend the Water and Sewerage By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Water and Sewerage By-Law with respect to accepting leachate from Crane Mountain be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a second time the by-law to amend the Water and Sewerage By- Law. 16. Payment Of Account For LeQal Services Consideration was given to a report from the City Solicitor submitting an account from the firm of Patterson Palmer Hunt Murphy arising from the provision of legal services respecting the income tax dimension of the recent settlement between 86-662 COMMON COUNCIL OCTOBER 20, 1997 the City and C.U.P.E. Local 61 dealing with the so-called Stanley Arbitration Award. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the account of Patterson Palmer Hunt Murphy arising in connection with the settlement of the so-called Stanley Award, in the amount of $6,717.33, be paid. Question being taken, the motion was carried with Councillor Gould voting "nay". 17. Zoning By-Law Amendment To Re-Zone 271 KinQ William Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-449 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 16.5 hectares (41 acres) of land situated to the east of King William Road and to the south of Highway No.1, also identified as NBGIC Number 287664, from "RF" Rural to "1-1" Heavy Industrial classification, but excluding that portion of the subject property that is 91 metres (300 feet) from the shoreline of the Bay of Fundy, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-449 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 18. Committee Of The Whole Report Read the 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 reports that it sat on Tuesday, October 14, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council authorize the acquisition of 545 Old Black River Road (NBGIC Number 34850) from Florence McCaffrey for the purchase price of $21,000, plus legal fees and applicable taxes and, upon the acquisition of the subject property, staff be authorized to issue a tender for the demolition of the dwelling (and other structures) thereupon, and the Mayor and Common Clerk be authorized to execute any required documentation. 2. That as recommended by the City Manager, (1) Council accept the bid of Gerald E. Lowe for the purchase and development of the Moore Street lands, as generally described in the submitted Table A, for the purchase price of $40,700 plus applicable taxes and closing fees; that the bid deposit of $2,340.25 be accepted as a down payment on the property; and that this sale be subject to the City's right to reacquire the subject property for the purchase price if the proposed development does not commence within 24 months of the date of sale; (2) Council accept the bid of Mike Cavanagh Homes Inc. for the purchase and development of the Chubb Street land, as 86-663 COMMON COUNCIL OCTOBER 20, 1997 generally described in the submitted Table A, for the purchase price of $39,000 plus applicable taxes and closing fees; that the bid deposit of $2,242.50 be accepted as a down payment on the property, and that this sale be subject to the City's right to reacquire the subject property for the purchase price if the proposed development does not commence within 24 months of the date of sale; (3) Council accept the bid of Blair Construction Ltd. for the purchase and development of the Paradise Row land, as generally described in the submitted Table A, for the purchase price of $55,000 plus applicable taxes and closing fees; that the bid deposit of $2,745 be accepted as a down payment on the property; that this sale be subject to the City's right to reacquire the subject property for the purchase price, if the proposed development does not commence within 24 months of the date of sale, and that the deed contain a covenant prohibiting the owner (or future owners) from erecting an advertising bill board style sign on the subject property, or portions thereof; (4) Council authorize the termination of the lease between the City of Saint John and Mediacom Inc. for the use of land at Millidge Street and Paradise Rowand that any portion of rent attributable to the balance of this year be returned; (5) Council inform Joseph and Patricia Osborne that the City must decline their request to purchase a portion of Lot 97-2 on Moore Street from the City; and (6) the Mayor and Common Clerk be authorized to execute the appropriate documentation resulting from this recommendation: AND FURTHER that as recommended by the City Manager, upon completion of the above sales, Council authorizes payment as follows: (1) in the amount of 50% of the proceeds from the above-noted sales, less an appropriate share of the expenses relating to the disposal of these properties ($8,000t), to CMHC, as per the North End Urban Renewal Agreement; (2) in the amount of 20% of the proceeds from the above- noted sales, less an appropriate share of the expenses relating to the disposal of the properties ($3,200t), to the Province of New Brunswick, as per the North End Urban Renewal Agreement; (3) the monies deducted from CMHC and the Province's respective share of the land sale proceeds, noted above as the "appropriate share of the expenses relating to the disposal of the properties", be allocated back to the originating City department's operating budget. October 20, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 18.1. 545 Old Black River Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 18.2. Sale Of Surplus City Land On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 19. Saint John Industrial Parks Ltd. Engineering Design - Spruce Lake And McAllister Industrial Parks Consideration was given to a report from Saint John Industrial Parks Ltd. advising the results of the proposal call, as per a recommendation from the Saint John Industrial Infrastructure Needs and Market Potential Study, for the selection of a consultant(s) to undertake the engineering design and subdivision planning for (1) the proposed Loop Road in Spruce Lake Industrial Park; (2) the connection of Mcilveen 86-664 COMMON COUNCIL OCTOBER 20, 1997 Drive with Whitebone Way in McAllister Industrial Park; and (3) the preliminary design for a new road between Grandview and McAllister Industrial Parks, the total cost for such work being approximately $129,000 ($112,100 + HST) which has been budgeted for in the 1997 Industrial Parks Capital Budget. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as requested by the Board of Saint John Industrial Parks Ltd., Common Council authorize the issuance of purchase orders as follows:- (1) in the amount of $52,600 + HST to Hughes Surveys and Consultants Ltd. for the undertaking of the engineering design and subdivision planning for the proposed Loop Road in Spruce Lake Industrial Park; and (2) in the amount of $59,500 + HST to Godfrey Associates Ltd. for the undertaking of the engineering design and subdivision planning for the connection of Mcilveen Drive with Whitebone Way in McAllister Industrial Park, as well as the preparation of preliminary design drawings for a new road between Grandview and McAllister Industrial Parks. Question being taken, the motion was carried. 20. Wayne D. Northrup - Re-Zoning 1724-1726 Rothesay Road And 13 Clairmont Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Wayne D. Northrup for the re-zoning of property at 1724-1726 Rothesay Road and 13 Clairmont Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 24, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk