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1998-04-14_Minutes 86-926 COMMON COUNCIL APRIL 14,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourteenth day of April, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; A Bodechon, Assistant Deputy Chief of Police; 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 Reverend James Fudge, First United Pentecostal Church and Chaplain of the Saint John Police Force, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on April 6, 1998, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 271 KinQ William Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 27 hectares (67 acres) of land situated at 271 King William Road (the majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial classification, to accommodate future expansion of the Spruce Lake Industrial Park by placing the subject area into an appropriate industrial zone, as requested by Hughes Surveys & Consultants Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 7 meeting at which the applicant expressed support for the staff recommendation but requested that it be modified to more clearly indicate the area to remain zoned "RF" Rural and, in particular, that the 91-metre (300-foot) strip of land along the shoreline be measured from the side property boundaries of the subject property, and staff had no objection to the requested amendment; and recommending that Common Council re- zone approximately 27 hectares (67 acres) of land situated at 271 King William Road (the majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial classification, but excluding that portion of the subject property that is 91 metres (300 feet) measured along the side property boundaries from the shoreline of the Bay of Fundy. 86-927 COMMON COUNCIL APRIL 14,1998 Rick Turner of Hughes Surveys & Consultants Ltd. appeared in support of the application which, he noted, was submitted on behalf of Cameron Enterprises Ltd., the owner of the property; and made the observation that re-zoning of the subject property to a Light Industrial classification would bring it in compatibility with the Municipal Development Plan which the City has set out for this area and would also complement the Spruce Lake Industrial Park which is a Heavy Industrial designation, being located immediately to the west of the subject site and, as well, would allow for continued industrial expansion in the area as the Industrial Parks' property gets developed. Mr. Turner advised that the next phase of development of the Spruce Lake Industrial Park would bring services and access to within very close proximity of this site, and that a tentative plan would be submitted for the appropriate approvals for this area, provided that Common Council concurred with the application; offered to respond to questions in this regard; and also advised his concurrence with the above recommendation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 27 hectares (67 acres) of land situated at 271 King William Road (the majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial classification, but excluding that portion of the subject property that is 91 metres (300 feet) measured along the side property boundaries from the shoreline of the Bay of Fundy, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 27 hectares (67 acres) of land situated at 271 King William Road (the majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial classification, but excluding that portion of the subject property that is 91 metres (300 feet) measured along the side property boundaries from the shoreline of the Bay of Fundy, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 108 Hazen Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land identified as NBGIC Number 15289, previously known as 108 Hazen Street, containing approximately 12 metres (39 feet) of street frontage along Hazen Street and a total area of approximately 278 square metres (3,000 square feet), being adjacent to the Church of St. John and St. Stephen, from "RM-IF" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification, to place the property in the same zone category as the adjacent Church property and to use the vacant lot for on-site parking 86-928 COMMON COUNCIL APRIL 14,1998 for use by the Church, as requested by the Church of St. John and St. Stephen, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 7 meeting at which the applicant's representative indicated he was in agreement with staff's recommendation; advising that the Committee granted a variance for the subject property and 101 Coburg Street (Church building) to permit an access width of approximately 19.2 metres (63 feet) on condition that the proposed parking area is paved with an asphalt surface within one year of the completion of the required excavation work; and recommending that Common Council amend the Zoning By-Law by re-zoning the property located at 108 Hazen Street (NBGIC Number 15289), from "RM-IF" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification. Douglas Sewell, Chairman of the Board of Trustees of the Church of St. John and St. Stephen, appeared in support of the application and offered to respond to questions in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 12 metres (39 feet) of street frontage along Hazen Street and a total area of approximately 278 square metres (3,000 square feet), being adjacent to the Church of St. John and St. Stephen, previously known as 108 Hazen Street (NBGIC Number 15289), from "RM-1F" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 12 metres (39 feet) of street frontage along Hazen Street and a total area of approximately 278 square metres (3,000 square feet), being adjacent to the Church of St. John and St. Stephen, previously known as 108 Hazen Street (NBGIC Number 15289), from "RM-1F" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 540 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 540 Westmorland Road (a portion of NBGIC Number 307397), having a frontage of 86-929 COMMON COUNCIL APRIL 14,1998 approximately 50 feet and an area of approximately 4 acres, from "P" Park and "SC" Shopping Centre to "B-2" General Business classification, to permit the development of a call centre facility, as requested by Ashford Investments Inc., and 5{c) a letter was received from Vanda C. White setting out issues she feels must be dealt with in order to keep the preservation of her property should the proposed re-zoning be allowed. 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and four letters considered at the Committee's April 7 meeting at which a representative of the landowner and a representative of the applicant spoke in favour of the application, and two people addressed the Committee with specific concerns about flooding and traffic; advising that the Committee adopted a revised recommendation which would permit the full 54,000-square foot development as proposed, with a commitment to utilize the alternative public street access when available and it did not recommend a Section 101 agreement with the Exhibition Association but recommended acceptance of an easement, and as well the Committee granted the necessary approvals for the creation of the lot access via an easement and, if third reading is given to the proposed re- zoning, a further recommendation would be provided to Council with respect to the approval of the necessary municipal and public utility easements; and recommending that (1) Common Council re-zone a parcel of land located at 540 Westmorland Road (a portion of NBGIC Number 307397), having a frontage of approximately 50 feet and an area of approximately 4 acres, from "P" Park and "SC" Shopping Centre to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to an office building with a maximum floor area of 54,000 square feet; (b) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) all utilities, including power and telephone, must be provided underground; (e) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (f) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved, such site plan will be attached to the building permit for the development; (g) all site improvements as shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval; and (h) access to the lot be developed and utilized as proposed to Westmorland Road until such time as a public street is fully developed to the west and north of the present Simonds Arena and, at that time, the access will be relocated to utilize this new public street; and (2) the subject site be re-zoned only on condition that the owner of the property agrees to grant a 10-metre easement for a drainage ditch or storm sewer along the rear of the residential properties facing Braemar Drive. Jean Urquhart of 20 Dutch Garden Lane expressed opposition to the application because of flooding; and advised of her concern about (1) the proposal to replace the ground with asphalt because of faster water run-off; (2) the proposed drainage into Majors Brook, to which no changes have been made and into which drainage has been directed from at least four new developments within the last two to three years, and Majors Brook flows into the lowest end of Marsh Creek which is where the problem exists; and (3) a recommendation by the Planning Advisory Committee that would correct a problem for people on Braemar Drive to fix the drainage in back of Braemar Drive which flows directly onto Golden Grove Road which would increase drainage onto Golden Grove Road causing more problems for residents in the area, mainly her. 86-930 COMMON COUNCIL APRIL 14,1998 Stephen Cronk of 199 Mark Drive appeared in opposition to the proposed re-zoning based on his concern that, without planning, the traffic problem in the area would only get worse with more development; and referred to the Fire Department's comments in Planning staff's report about a single access to the property. Charles Swanton, Treasurer of the Saint John Exhibition Association appearing in support of the application, advised that the Association was also concerned about the flooding and transportation issues; and made the observation that the land in question was not in the flood risk area, enjoying an elevation of about sixteen feet while the flood risk area was twelve feet. Mr. Swanton expressed the view that what the Association was doing was consistent with its Master Site Plan of 1991; and noted the increase in revenue to the City if the proposal were approved by taking a 4-acre piece of property with a current ninety percent value in use reduction to a full appraised value with a 54,000-square foot building on it. Jim Dixon, Vice-President of Ashford Investments Inc., appeared in support of the application; and advised that his Company looked forward to doing the proposed development in Saint John, one that would be well done and enhance the area. Mr. Dixon also advised that, by attending the Planning Advisory Committee meeting, reading the correspondence and being present at this meeting, he was getting a first-hand knowledge of some of the local issues with the flooding and so on of which Ashford Investments was not aware until it got involved with researching the site; however, the drainage and what would be done on the property leased by the Company would be addressed and approved by the City Engineer; and, with regard to whatever takes place with the access road behind the Simonds Arena, Ashford Investments was in full agreement with diverting its traffic onto whatever the long-term plan of the whole area would be and, while there would be a lot of people working in that area, because of the way it was scheduled there would be a continual flow of a few cars every few minutes out of the centre rather than a blitz of 300 cars or anything like that. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 540 Westmorland Road (a portion of NBGIC Number 307397), having a frontage of approximately 50 feet and an area of approximately 4 acres, from "P" Park and "SC" Shopping Centre to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time: AND FURTHER that as recommended by the Planning Advisory Committee, the subject site be re-zoned only on condition that the owner of the property agrees to grant a 10-metre easement for a drainage ditch or storm sewer along the rear of the residential properties facing Braemar Drive. During discussion it was confirmed that the above motion included the full recommendation; and Mr. Baird responded to concerns about drainage in terms of the drainage ditch immediately behind Braemar Drive, and the proposed development itself; and, with respect to the proposed easement, advised that if the above recommendation were adopted, the City would do the necessary maintenance and ensure that there was not a flooding problem in that area. Councillor Gould advised of his concern with the proposal, and asked if Recreation and Parks had addressed how it would cope with the loss of the Simonds Lions field, to which Mr. Baird replied that, given the early notice, it was the intent not to schedule activities at the field. Councillor Gould expressed the opinion that the program and solution to relieve the flood plain area should have been addressed first through a master plan and a correction of the deficiencies, and then the re-zoning of the area. Question being taken, the motion was carried with Councillor Gould voting "nay". 86-931 COMMON COUNCIL APRIL 14,1998 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 540 Westmorland Road (a portion of NBGIC Number 307397), having a frontage of approximately 50 feet and an area of approximately 4 acres, from "P" Park and "SC" Shopping Centre to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Mavor's Remarks Mayor McAlary proclaimed April 15 as Women's Right to Vote Day in the City of Saint John, it being the 79th anniversary of this right. * Added Item On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that a Nominating Committee recommendation for an appointment to the Planning Advisory Committee, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration as item 7 A Question being taken, the motion was carried. Councillor Trites expressed concern about the early scheduling of the City's annual clean-up week for April 20 to 26 in that, as the ground was still wet, it was not conducive to yard clean-up and so on, and also that there had been little advertising done to inform the public of the date for the 1998 clean-up week. Mr. Groody expressed the understanding that there had been advertisements in the newspaper and that press kits had gone out on this date to ensure that all the various agencies have the information and can get it out to the public. The Mayor clarified that clean-up week was different from the clean-up from the ice storm, the latter which would continue for a few months. 6A. Appointments To Aquatic Centre Commission Consideration was given to a letter from Mayor McAlary advising that it was necessary for Council to approve the respective Councils' nominees, as submitted, to the Aquatic Centre Commission in view of the City's private legislation for the Commission, and also that the Quispamsis appointee would be officially approved as soon as the School Board vacancy was authorized by the Department of Education. 86-932 COMMON COUNCIL APRIL 14,1998 The initial motion proposed by Councillor Knibb and seconded by Deputy Mayor Chase to receive and file the above letter and wish the nominees well was withdrawn upon Mr. Nugent's advice that, apart from the member who was to be appointed by the Provincial Minister of Education, it was necessary for Council to actually adopt a resolution appointing the two people named in the above letter. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the following appointments be made to the Aquatic Centre Commission: Mr. Randy Bell representing the Town of Grand Bay-Westfield for a term ending September 22, 1999; and Ms. Margaret Ann Blaney representing the Town of Rothesay for a term ending June 1998. The Mayor noted that the above terms represented the remainder of terms of former members who had resigned and, until the private legislation for the Commission was changed, it would be necessary for Council to approve the appointments. As to the need for the Minister of Education to appoint a member, Mr. Nugent expressed the view that, when the legislation was amended to eliminate school boards, the legislation also provided that the authorities, rights, privileges, etcetera, that previously had been exercised by school boards would be vested in the Minister and one of the provisions of the legislation for the Aquatic Centre was that one of the members would be appointed by the school board. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 7. Reduction Of Port Tariffs On motion of Councillor Arthurs Seconded by Councillor Knibb RESOLVED that the letter from Councillor Arthurs referring to the Port of Saint John's recent newsletter announcing a reduction in Port tariffs which should help make the Port more competitive and undoubtedly result in more jobs; and asking Common Council to congratulate Port management, Port workers and the Unions on this good news -- be received and filed. Question being taken, the motion was carried. *7A. Appointment To PlanninQ Advisorv Committee On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Donald F. Gillis be appointed to the Planning Advisory Committee for a term to expire December 31, 1998. Question being taken, the motion was carried. 8. Re Senior Swingers Senior Citizens Club's Request For Seniors Advisorv Committee Consideration was given to a report from the City Manager further to the November 27, 1997 request to Council by the Senior Swingers Senior Citizens Club for the establishment of a seniors advisory committee, which was the subject of a follow-up letter from the Club on March 23, 1998; advising that the Club in question is one Club in the Loyalist Zone and, at a meeting held on April 2 attended by representatives from thirty of the forty-one Loyalist Zone seniors clubs, a vote was taken on the proposal to 86-933 COMMON COUNCIL APRIL 14,1998 establish a seniors advisory committee and the proposal was not supported, and the consensus from those who opposed forming this committee for the City of Saint John was that the current autonomy of each group might be lost and there was also some concern that the formation of this committee would create another level of bureaucracy and the opportunity for individual clubs to approach Council might be jeopardized; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) a seniors advisory committee for the City of Saint John not be established at this time; and (2) Mrs. Alice M. Howe of the Seniors Swingers Senior Citizens Club be advised of Council's decision. Question being taken, the motion was carried. 9. Re Millidgeville Community PlayPark Committee's Request For Cost-Sharing In Development Of PlaVQround Consideration was given to a report from the City Manager submitting a recommendation further to the March 16, 1998 presentation on behalf of the Millidgeville Community PlayPark Committee for the City to cost-share in the development of a playground at the M. Gerald Teed School. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council (1) support the development of the M. Gerald Teed School Playground as proposed to Council on March 16, 1998 by the Millidgeville Community PlayPark Committee; and (2) authorize that the City of Saint John contribute up to $18,532.99 from the Land for Public Purposes Trust Fund in support of the development. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 10. Re Request Of South Central Citizens Council For Information On Communities In Bloom On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager providing information regarding Communities in Bloom in response to the request to Council at its last meeting from the South Central Citizens Council -- be received and filed and a copy be forwarded to the South Central Citizens Council. Question being taken, the motion was carried. 10A. Planning Advisory Committee Public Street Assent Ben Lomond Corner On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced 86-934 COMMON COUNCIL APRIL 14,1998 tentative subdivision plan that would vest Parcels "D", "E", "F", "G", "H", "I" and "J" as part of N.B. Highway No. 820 and N.B. Highway No. 111. Question being taken, the motion was carried. 11. Soccer New Brunswick Request For Sponsorship On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that Council regretfully decline the request of Soccer New Brunswick for the City to sponsor a breakfast buffet to the delegates of the Annual General Meeting of the Canadian Soccer Association on May 30. Question being taken, the motion was carried. 12. Atlantic Coastal Action Program (ACAP) Saint John - Request For Sponsorship On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that Council respectfully decline the request of Atlantic Coastal Action Program (ACAP) Saint John for the City of Saint John to co-sponsor a reception at an international workshop in April. Question being taken, the motion was carried with Councillor Ball voting "nay". 13. Poley Mountain Resorts Ltd. Re Ski Tow At Rockwood Park Consideration was given to a letter from Poley Mountain Resorts Ltd. advising that Poley Mountain has been looking for a used handle tow of the design of the old handle ski tow located in Rockwood Park; and asking, due to the work required to fix the tow, to remove it at its own expense and no payment to the City, although Poley Mountain would be prepared to donate a family season pass valued at $1,159 to the City's Recreation Division to use as a fund raiser or promotion or any way seen fit. Councillor Knibb proposed a motion, which was not seconded, to refer the above letter to the City Manager and Council be supportive of the request. Councillor Trites asked if it was necessary for Council to approve the request, and the Mayor suggested that Council could let Poley Mountain Resorts Ltd. have the ski tow, whereupon Councillor Knibb withdrew the motion. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council approve the request of Poley Mountain Resorts Ltd. for the old handle ski tow located in Rockwood Park and to remove it at its own expense and no payment to the City. Question being taken, the motion was carried. 14. Keith Taylor, Perivale + Taylor Work With Saint John Police Force On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Keith Taylor of Perivale + Taylor providing closure to his work in Saint John and thanking the Mayor and Council for their support and assistance while he was working with the Saint John 86-935 COMMON COUNCIL APRIL 14,1998 Police Force -- be received and filed and Mr. Taylor be thanked for his service to the City. Question being taken, the motion was carried. 15. Saint John Port Corporation Sponsorship Of Port Davs On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Port Corporation advising that, once again, Saint John Port Days will be held in conjunction with National Transportation Week, June 1-2, and asking for confirmation of the City's participation again this year -- be received and filed and a grant of $1,000 be approved. Question being taken, the motion was carried. 16. Cherry Brook Zoo Inc. Zoo's StrateQic Plan On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from John S. Mackay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., submitting the Zoo's Strategic Plan -- be referred to the City Manager. In response to the Mayor's suggestion that the above letter could be received and filed, Councillor Knibb suggested that Council should receive advice from City staff on some aspects of the Zoo's Strategic Plan, including a reference to the need for more land, and for some indication with regard to the Zoo's financial requirements. Question being taken, the motion was carried. 17. J.H. Wilcox - Abandoned Junked Vehicle - 1501 Fairville Boulevard On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from J.H. Wilcox asking for immediate action regarding his complaint about an abandoned junked vehicle located behind the Stirling Apple premises at 1501 Fairville Boulevard where it has remained for more than two years in deplorable condition -- be referred to the City Manager. Question being taken, the motion was carried. 18. Barbara Munroe - Extension Of Services To RaQQed Point Road On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from Barbara Munroe referring to her letter dated March 10 considered by Council on March 16 in which she asked several questions pertaining to the Council meeting of February 2, 1998; and advising that, although Mr. Groody at the April 6 Council meeting indicated that the breakdown of costs for water and sewerage extension down Ragged Point Road was still being worked on, she received a copy of a report to Common Council dated December 3, 1996 stating the costs of extending the services -- be referred to the City Manager. 86-936 COMMON COUNCIL APRIL 14,1998 Question being taken, the motion was carried. 19. Saint John Alpines Baseball Team Re Sports Field User CharQe On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Alpines Senior Baseball Team submitting a copy of a letter to the Editor of the Evening Times Globe newspaper with regard to the controversy over sports field user charges and the decision of Council to postpone any rate increases -- be received and filed. Question being taken, the motion was carried. 19A. Elsie E. Wayne, M.P. Canada Dav Celebration On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Elsie E. Wayne, M.P., naming people with whom she recently met who are interested in organizing an exciting Canada Day celebration and who feel more progress could be made in their approach to organizations and businesses in the City to support the program if they were named the official Canada Day Committee; and asking that the City of Saint John recognize this committee as the official Co-Ordinating Committee for Canada Day Celebrations for Saint John -- be received and filed and Council accede to Mrs. Wayne's request. Question being taken, the motion was carried. 19B. Greater Saint John Economic Development Commission, Incorporated - Statement Of 1998 Objectives And Proposed BudQet Consideration was given to a letter from Greater Saint John Economic Development Commission, Incorporated, submitting (1) a Statement of the 1998 Objectives of the Commission adopted by the Board of Directors and summarizing how the Commission intends to actively promote economic development and entrepreneurship in Greater Saint John during 1998; and (2) a proposed budget of the Commission indicating the expected financial contribution of the Province and the agreed financial contributions of the four municipalities in Greater Saint John; and asking that Common Council approve its 1998 Objectives and authorize funding to the Commission in the amount of $311,450 for 1998. The Mayor referred to a draft resolution in the above regard prepared by the City Solicitor and of which Council members had been given copies, and asked Mr. Nugent to address this matter, noting the discussion at the last Council meeting. Mr. Nugent commented on the basis of the notion last fall that four municipalities in this region were receptive to the idea that economic development initiatives would be focused on a regional, rather than a municipality-by-municipality, basis and the expectation at that time that legislation would be enacted creating a regional economic development commission which, by virtue of the legislation, would have the nature and extent of its authority defined by law so that what it did and the manner in which it performed its obligations would be established by statute and, presumably, the statute would have also gone on to describe the obligations of each municipality to fund this new commission; however, as it turned out, this legislation did not come to be enacted before the Legislature closed in February. Mr. Nugent advised that, as he understood the situation, there was a desire or willingness of the four municipalities to still pursue 86-937 COMMON COUNCIL APRIL 14,1998 economic development initiatives on a regional basis, and the question was what vehicle or mechanism would allow that to happen before legislation was put in place to create a statutory body, and a private company was incorporated with the name of Greater Saint John Economic Development Commission, Incorporated, which was markedly distinct from the body that would have been created had there been legislation enacted, one of the essential differences from a municipality's perspective being the accountability for the activities of that body. Mr. Nugent expressed the view that Council, if it wished, may allow that body to perform two sorts of functions - advisory and administrative, and that the above letter reflected these two roles; and Council, if it adopted the proposed strategy, could authorize the Commission to administer or implement that strategy; and also that Council, in giving to another body administrative responsibility, would still be accountable for the activities, making the policy decision to adopt a particular strategy, thus Council should be comfortable that it was receiving enough information as to what that strategy would be to be able to say it is satisfied with what the Commission would do and that what was being described as the strategy to be followed was one that was consistent with Council's views of what should be done in the way of economic development initiatives. Mr. Nugent re-iterated his view that it was improper for a municipal council in New Brunswick to effectively surrender the power it has been given to make decisions respecting economic development issues to any other body; but what Council could do was seek the advice of another body and, if it adopted that advice or, in the context of this discussion, a strategy, and ask that other body to administer that strategy so that the substantial decisions were always made by the Council, and the other body would simply be implementing the decisions made, with Council being accountable for the activities of this other body because it would adopt as a policy a particular strategy and simply asking the other body to implement it. Mr. Nugent, referring to the resolution he prepared, asked Council, in considering the portion adopting the strategy to "Promote and Encourage the Establishment, Development and Growth of New Businesses and Industries in the Region" which referred to the portion of the material from the Commission at the top of page two of the objectives of the Commission, to satisfy itself that the detail provided by the Commission gave Council comfort in terms of its understanding of what the Commission would actually undertake on Council's behalf with respect to that particular aspect of its proposal and, having considered that, Council should be in a position to decide whether or not it wanted to authorize the Commission to proceed as the draft resolution would allow. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council hereby authorizes the Greater Saint John Economic Development Commission, Incorporated (the "Commission") to: 1. pursue the development of a comprehensive economic development strategy for the Region; 2. investigate the inclusion of tourism development for the Region within the mandate of the Commission; 3. review business park location options in Greater Saint John; 4. develop strategies to promote business and industrial development in the Region, with the Commission taking a sectorial approach, including the following sectors for primary support and development - shipbuilding, plastics manufacturing, metal working, information technology, telecommunications, tourism, medical services and research, distribution and transportation and retail; all according to the material submitted to Council under covering letter from the Commission dated April 9, 1998, and to submit to Common Council for its consideration the Commission's recommendations in respect of each of those matters: AND FURTHER that Common Council hereby adopts the strategy to "Promote and Encourage the Establishment, Development and Growth of New Businesses and Industries in the Region" as identified in the material submitted to Council under covering letter from the Commission dated April 9, 1998 and authorizes 86-938 COMMON COUNCIL APRIL 14,1998 the Commission to administer the implementation of that strategy: AND FURTHER that Common Council hereby authorizes the delivery to the Commission of $311,450 upon the condition that it be used solely for the purposes of the Commission's undertaking the activities identified in the two immediately preceding paragraphs, and with the express stipulation that the Commission's provision of small business counselling, consulting and advisory services shall be funded by the Provincial Government. During discussion, Mr. Totten clarified that, with regard to funding, in 1997 Enterprise Saint John and the Fundy Region Development Commission were provided financing in an amount of $510,000 to $515,000, while in 1998 as a result of Council agreeing to this concept, the total has dropped to $413,000, thus the City would be in approximately $100,000 in terms of the financial impact; and, concerning the tourism side and the reference to a committee, advised of the Commission's appointment of a committee comprised of Helen Halliday, Peter Murray, Dianne Bormke and Pat Gallagher, and his undertaking to meet with City Tourism staff in this regard. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk