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1998-12-21_Minutes 87 -308 COMMON COUNCIL DECEMBER 21, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of December, AD., 1998, at 4:30 o'clock p.m. present Shirley McAlary, Mayor Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; R. Simonds, Deputy Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. The Mayor noted that this was the last Common Council meeting in 1998, and Council would meet again in regular session on Monday, January 4, 1999 at 7:00 o'clock p.m. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on December 14, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary advised that, once the season is over, Christmas trees can be taken to the local fire stations which will ensure that the trees get to the Fundy Region Solid Waste Commission for mulching; and noted that Council's levee would be held on Friday, January 1, 1999, in the Red Room on the 8th floor of City Hall, from 11 :00 o'clock a.m. to 1 :00 o'clock p.m. On the issue of snow clearing in response to the City's first winter storm of the season on Friday, December 18, Mr. Groody commented in terms of difficulties presented with every first storm from the point of view of both the City's operation and the citizens, the City having a series of priorities in its snow plan and, this year, having gone to a new shift system designed to provide coverage around the clock across the whole week. 4. HIP Application #79 On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #79 - Jonathan L. Boyle for an estimated grant of $16,000 with regard to a development on David Street and Lakewood Avenue. (Councillor White withdrew from the meeting.) 87 -309 COMMON COUNCIL DECEMBER 21, 1998 Question being taken, the motion was carried. (Councillor White re-entered the meeting.) 4A. Re HIP Grant #31 Consideration was given to a report from the City Solicitor further to Council's referral to him at its December 14 meeting of the question of whether it would be legally permissible to grant Peter Robichaud's request for an extension of the Housing Incentive Program application HIP #31 for three units on the corner of Russell Hill Road and River Hill Drive, in light of Council having already denied an extension for another project; acknowledging that any exception made to an adopted policy can give rise to a dispute with a person who has been refused the same or similar exception; and expressing the view that the City would be in a strong position to defend against such a claim if it could show that the relevant circumstances are materially different in the case in question and, if this extension were granted, it should be made conditional upon the final qualifying unit having reached a stipulated stage of completion prior to the deadline established by the HIP policy. Councillor Fitzpatrick proposed a motion, which was seconded by Councillor Vincent, that Council grant Peter Robichaud's request for an extension of Housing Incentive Program application HIP #31. Mr. Nugent noted his suggestion that Council, if prepared to grant the extension to Mr. Robichaud as requested, should give attention to establishing the degree of completion which Council would require in order for that extension to become operative; for example, provided Mr. Robichaud has the foundation in or provided that the structure is water tight; and advised that the City Manager may wish to provide a recommendation in this regard further to his discussion with a number of other staff earlier this date. Mr. Totten advised that, normally, Council would pick one of three dates; in other words, the expiration date would be extended provided (1) the foundation is in; or (2) the structure is water tight, that is the roof is on and the windows are in; or (3) upon substantial completion; and added that, obviously in this case, substantial completion would not be one that the developer would want to see supported as, if that had been the case, there would probably not have been a request for an extension; so it is a matter of Council deciding the stage of completion. The Mayor made the observation that Council did not have before it at this time the City Manager's report on this request, which was considered at the last meeting; and questioned the length of extension requested. Mr. Baird advised that the applicant's expiry date, at present, was March 3, and he was seeking a nearly three-month extension to the end of May. Councillor Fitzpatrick clarified that the intent of his motion was to grant the extension as requested, with staff to work out the actual deadline date. In response to the Mayor, Mr. Nugent clarified that, in order to protect Council in terms of the decision it was making, if March 3 were the deadline that existed as of this date, by that date Council should require Mr. Robichaud to have his final unit to a stage of completion, with Council to describe what stage of completion it wished to be achieved by that date. Councillor Trites, on a point of order, noted that the item was not on the agenda and Council was taking advice from the City Solicitor, on the one hand, regarding a change in policy and how to define that change in policy to accommodate this request; and suggested that, as the applicant has until March 3 at the present time, it was not imperative that this be decided at this time and that Council should further put off a decision until the City's planners and the people who are responsible for this Program have some input on a stage of completion, thus Council should have a full report back accompanied by the request. Councillor Desmond proposed a motion, which was not seconded, to table the above matter until the next meeting, whereupon Mayor McAlary suggested that the City Solicitor's report should be received and filed, and the item be brought back at the next Council meeting. Councillor Titus proposed a motion, which was seconded by Councillor White, to receive and file the above report from the City Solicitor, whereupon Councillor Trites suggested that the first motion should be withdrawn. Councillor Fitzpatrick advised that he would accept a tabling motion, but not a motion to receive and file. Councillor Trites clarified that his point of order was the fact that the first motion was not in order because it was not on the agenda, and the Mayor ruled on the point of order to the effect that the first motion should be withdrawn. Councillor Trites suggested that, if the Mayor agreed with his point of order that the item was not on the agenda, the 87-310 COMMON COUNCIL DECEMBER 21, 1998 first motion did not count. The Mayor asked for a motion to receive and file item 4A and, in response to Councillor Vincent's observation that he had seconded Councillor Fitzpatrick's motion to grant the extension, advised that the motion was not legitimate in this case, and she was dealing with item 4A. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried with Councillors Vincent and Chase voting "nay". 5. Zoning By-Law Amendment To Re-Zone 88 Milford Road On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-486 A 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 88 Milford Road (NBGIC Number 55059448), having an area of approximately 1,930 square metres (20,775 square feet), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-486 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. 6. Business Improvement Levv Bv-Law Amendment On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By- Law Number B-114-10 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-10 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. (Councillor Fitzpatrick withdrew from the meeting during the above reading.) Question being taken, the motion was carried. 7. Water And Sewerage Bv-Law Amendment On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By -Law Respecting Water And Sewerage", with regard to rates and discounts, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Chase advised that he would not support the increase simply because he did not think he should support an increase to a budget when that budget already included spending that was not necessary, that being on fluoridation of the water at an expenditure of $100,000, when the questionable risks outweigh the benefits. 87-311 COMMON COUNCIL DECEMBER 21, 1998 (Councillor Fitzpatrick re-entered the meeting.) The by-law entitled, "A By-Law To Amend A By -Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried with Councillor Chase voting "nay". 8. Board of Police Commissioners Re Issue Of SQueeQee Kids On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that letter from the Saint John Board of Police Commissioners, further to Council's referral on August 10,1998 of a request that the Commission study the issue of squeegee kids in the City and report to Council on a by-law to control such activity; concurring with the Chief of Police's recommendation as indicated in his submitted report outlining the process, which combines both an enforcement and social approach to the problem, using Section 174(3) of the Motor Vehicle Act to deal with the activities of squeegee kids -- be received and filed. Question being taken, the motion was carried. 9. Board of Police Commissioners Re SkateboardinQ In KinQ's Square On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Board of Police Commissioners, submitting a copy of a staff report on a skateboard by-law, further to Council's July 27,1998 referral of the issue of a by-law to control skateboarding activities in King's Square; noting that the staff report recommended to enact a by-law that would allow seizure of the skateboard and impose a fine and to use the fine revenue to fund a skateboard park in the City and that staff of the Police Force would be willing to work with City staff in drafting a skateboard by-law for Council's consideration -- be received and filed. Question being taken, the motion was carried. 10. Community Group Of Present & Former Members Of Carleton Community Centre Re Use Of Centre Basement For Museum On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from a community group of present and former members of the Carleton Community Centre requesting permission to utilize the basement area of the Carleton Community Centre building for a permanent museum as outlined in the submitted correspondence -- be referred to the City Manager. Question being taken, the motion was carried. 11. Swimming New Brunswick Inc. Re TiminQ TechnoloQV At Aquatic Centre On motion of Councillor White Seconded by Councillor Vincent RESOLVED that the letter from Swimming New Brunswick Inc. expressing appreciation for Council's leadership in assuring that funds are available for the new timing technology at the Canada Games Aquatic Centre; 87-312 COMMON COUNCIL DECEMBER 21, 1998 and acknowledging that the City of Saint John is always a leader in sporting events of national and regional importance -- be received and filed. Question being taken, the motion was carried. Adjournment The meeting adjourned. Common Clerk