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1999-02-01_Minutes 87-344 COMMON COUNCIL FEBRUARY 1, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of February, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. T. 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, 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. James Fudge of the First United Pentecostal Church and Chaplain of the Saint John Police Force offered the opening prayer. 2. Approval of Minutes On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on January 18, 1999, be approved. Question being taken, the motion was carried. 3. NominatinQ Committee Membership On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary proposing the following as the Nominating Committee membership for February 1, 1999 to May of 2001: February 1, 1999-January 31, 2000 - Mayor Shirley McAlary, Deputy Mayor Derek Chase and Councillors Ivan Court, Mel Vincent and Stephen Fitzpatrick; February 1, 2000-January 31, 2001 - Mayor Shirley McAlary, Deputy Mayor Derek Chase and Councillors Peter Trites, Carl White and Bernard Desmond; and February 2001-May 2001 - Mayor Shirley McAlary, Deputy Mayor Derek Chase and Councillors Walter Ball, Stephen Chase and Chris Titus -- be adopted. Mayor McAlary noted that the above matter was discussed a couple of weeks ago in Committee of the Whole, the Nominating Committee in this Council term having been the Committee of the Whole of Council, and that, while the Nominating Committee would make recommendations to Committee of the Whole in the above format, the whole Committee would have an opportunity to put forth nominees for consideration. Councillor Titus expressed the view that the Committee of the Whole format was not given a fair attempt and also that, if the above motion were adopted, the term he would be sitting on the Nominating Committee would not be worth sitting on and it did not seem to be a fair breakdown. Question being taken, the motion was carried with Councillor Titus voting "nay". 87-345 COMMON COUNCIL FEBRUARY 1, 1999 4. Re Spalding Report To PRUDE And City's Policv On Staff HirinQ Read a letter from Deputy Mayor Chase proposing that, in light of the revelations contained in the Spalding Report to PRUDE, staff should be directed to bring forth the City-wide human resources policy on hiring, examine and make comparisons with the PRUDE report and advise Council on any discrepancies or omissions, as well as a report on the workability of the City's hiring policies for all departments, including Fire, Recreation and Parks part-time staff, and Police; and also to advise Council, by memorandum, of any staffing that is being contemplated right across the organization so Council can better understand how it is that people are assessed for positions in the City. On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that, in light of the Spalding report to PRUDE, the City Manager be directed to bring forth the City-wide human resources policy on hiring, examine and make comparisons with the recommendations on page 50 of the Spalding report, and advise Council on any discrepancies or omissions. Question being taken, the motion was carried. 5. Councillor Of The Week Read a letter from Councillor Titus advising that he would like to discuss the matter of Councillor of the week. Councillor Titus suggested that, while he was not absolutely clear why the Councillor of the week idea was brought in and while it must have a purpose and presumably some positive effect on the City, from his perspective Councillor of the week has served absolutely no useful purpose and, unless somebody could persuade him that there was some useful purpose behind it, Council should just be rid of it or it should be done so that Councillors could be actively involved; and advised that he was resigning from it. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the above letter from Councillor Titus be received and filed. There was discussion on the purpose of Councillor of the week during which time the Mayor concurred with the observation that it was so that Council members could attend functions which the Mayor could not attend, and she noted that very often all Council members were invited to attend functions, such as in the case of the Transit Commission's invitation to a reception on February 11 for a ribbon-cutting ceremony to introduce its three new buses into service (copies of which were forwarded to Council members as an information item). Question being taken, the motion was carried. 6. Open & Closed Session Procedure Consideration was given to a letter from Councillor Titus advising that he would like to discuss the procedure of open and closed session as it relates to the Council agenda. Councillor Titus advised that his letter tied in with Deputy Mayor Chase's letter under item 8 on the agenda of this meeting and that he did not agree with the current process in relation to agendas for open and closed sessions of Council in that, in his view, local government worked from the basis of everything should be open unless it was justified to go into closed session, and suggested that even land, labour and legal issues should not be in closed session unless justified by debate or unless Council dealt with it and referred it. 87 -346 COMMON COUNCIL FEBRUARY 1, 1999 On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that, in the future, Council deal with all items in open session, and only deal with items in closed session after they are referred there and after full debate or discussion on whether they belong there. The Mayor asked that item 8 be brought forward at this time so that the Deputy Mayor could address it. 8. Committee Of The Whole AQenda Consideration was given to a letter from Deputy Mayor Chase proposing that, beginning with the next regularly scheduled meeting of the Common Council, each and every agenda item be disseminated on the "open agenda" as it has come to be called, and no item shall appear in what has been come to be called the "committee of the whole agenda" without having first been referred there by the Mayor and Council, acting in open session, and that the format be established for dealing with what should become a relatively routine procedure; and putting forth suggestions on how items could subsequently be referred to Committee. Deputy Mayor Chase, in noting that the proposed motion reflected what the first paragraph of his letter proposed, also noted his two items in Committee of the Whole on the basis that he put them on that agenda as he felt that Council members would be more comfortable discussing them in Committee of the Whole, thus they might have a better chance of success; however, there was nothing in them that could not be discussed in the open agenda setting; and concurred with the Mayor's observation that, if the above process were adopted, items referred from open session to Committee of the Whole would be considered the following week. Councillor Chase spoke in support of the motion, questioning how the City Manager and Mayor's updates would be handled. The Mayor read the February 17, 1997 policy of Council adopting the recommendations of the then Council Agenda Review Committee following which Councillor Trites expressed the view that Council had been very much successful, for the most part, in living with that policy, and advised that he did not support the concept brought forward at this meeting from the point that Council has a staff who, if following the policy, puts the appropriate things in Committee and, by the nature of the short Committee roster that Council normally has, Council is succeeding in that, and also that, if the motion were adopted, Council would be postponing everything for a week and there were issues that could not be postponed for a week but could not be discussed by the nature of the issue in public session. Councillor Fitzpatrick expressed support for the current policy of land, legal and labour issues being on the closed session agenda, noting that such items could be subsequently moved from there to open session, and asked how Council could publicly discuss referral to closed session of an issue of this nature without revealing what the intent of the issue was and where the line would be drawn in considering referral of an issue to closed session, thus he would rather err on putting such issues in closed session. Councillor Court, speaking in support of the current policy, noted that Council members, having discussed an item in closed session and moved it to open session, have time to discuss, reflect and have a second thought before giving final approval or disapproval to it, and suggested that Council members needed that time frame which provides a second chance to make a point or listen to the other side and make a final decision one way or the other. Councillor Ball expressed support for the current policy, and Councillor White advised that, to date, he did not have a problem with the agenda for Committee of the Whole as items on the agenda warranted being discussed there, and he would not support a motion to change the process being followed. Councillor Vincent, noting the delegations scheduled to make presentations at this meeting, suggested that Council should have more time to discuss this matter and should neither pass or defeat the proposed motion at this meeting but should dedicate some time in open session of Council to take a closer look at the process; and proposed a motion to table this matter for one week. Councillor Trites seconded the tabling motion, adding to it that the individual Council members be provided with a copy of the Council Agenda Review Committee's report leading to the February 17, 1997 Council policy and suggesting that the tabling should be for two weeks, whereupon the Mayor advised that other Council members wished to speak, and the tabling motion was withdrawn. The Mayor expressed the view that Council was being quite responsible on what items were put in Committee of the Whole, and has not erred very much from the 1997 policy. Deputy Mayor Chase asked the procedure for raising a point of order in that he had attempted to do so during the Mayor's comments 87-347 COMMON COUNCIL FEBRUARY 1, 1999 and she had not recognized him, to which the Mayor replied to the effect that, while the Chairman would rule on a point of order, the Deputy Mayor raised his point of order when she was speaking, suggesting that he should have waited until she finished her comments. On motion of Councillor Vincent On motion of Councillor Trites RESOLVED that the above matter be laid on the table for two weeks and Council members be provided with a copy of the Council Agenda Review Committee's report to Council on February 17, 1997. Question being taken, the tabling motion was carried with the Mayor and Councillors Ball and Fitzpatrick voting "nay". 10. Atlantic Health Sciences Corporation - Service Deliverv James Whelly, Chairman of the Board of Trustees of the Atlantic Health Sciences Corporation, was present at the meeting, further to Council's invitation of October 5, 1998 inviting the Corporation to make a presentation on the components in its service delivery process; and introduced David Huestis and Gary Keating, the City's two representatives on the Corporation's Board of Trustees, as well as Corporation President and Chief Executive Officer David Carlin and Manager of Media and Public Affairs Gilbert Heffern. Referring to a prepared brief (copies of which were included in an information package on the Corporation distributed to Council members at this meeting), Messrs. Whelly, Huestis and Keating addressed Council as part of the Corporation's ongoing efforts to build stronger linkages with its communities and to provide a view of the current state of the health care services, during which time they advised of the Corporation's projection in 1999 of an $11 million operating deficit bringing its cumulative deficit to $20 million, with the requirement of $15 million more than it received this year to maintain current service levels and respond to critical needs in the 1999-2000 fiscal year. The presenters advised of the Province's agreement that the Corporation does not receive an allocation from existing resources that is equivalent to the service it provides, as well as the Province's lack of movement to rectify this situation; and spoke of funding and physician resources as being the two critical issues facing the Corporation at this point in time, as well as on the issue of accountability in terms of funding; expressed appreciation for support received from the City, whether in enabling the Corporation to put together the best recruitment package or in chairing fund-raising events for the foundations, as well as for Council's initiative in forwarding a resolution addressing funding to the Federation of Canadian Municipalities; and requested Council to continue to support its position with the funding and decision- making. Members of the delegation responded to questions in the above regard, and the Mayor thanked them for their presentation and for their dedication and care for all citizens in the community. 11. Saint John Horticultural Association Re Five-Year UpQradinQ Plan Wallace MacMurray, Vice President of the Saint John Horticultural Association, and Geoffrey Spear, Superintendent of Operations, were present at the meeting, and Mr. MacMurray, in noting that this was the fifth and final year for his report to Council on the Association's five-year plan for improvements to the Rockwood Park Campground, referenced the results of the upgrading plan (copies of which were included in the Council kits for this meeting). Mr. MacMurray expressed appreciation for the City's yearly financial support in the way of a grant; and acknowledged that, on the return side, the Association's operations are an important asset for the City in terms of increasing attendance at the Campsite, in 1998 representing 30,000 tourist days. Mr. MacMurray reviewed the Association's efforts over the last decade with funds raised from the private sector, and the intent to consider the replacement of the greenhouses. The Mayor expressed appreciation to the Association for its efforts in improving the Rockwood Park Campground. (Councillors Trites and Vincent withdrew from the meeting.) 87 -348 COMMON COUNCIL FEBRUARY 1, 1999 7. CurbinQ & Sidewalk Methods & Materials Read a letter from Councillor Chase asking for Council's support in requesting a report from staff which would give a cost analysis and the efficiency of various methods and materials for curbing and sidewalk. Councillor Chase suggested, for sidewalks that do not have a lot of profile or traffic, a concrete curb and an asphalt walk to a standard higher than an asphalt curb and sidewalk yet not as expensive as a concrete walkway, and that the difference in price would provide more sidewalks to more people. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that Council review the existing curbing and sidewalk policy, and be provided with a cost analysis of an asphalt compared to a concrete sidewalk. The Mayor suggested that Council members could be provided with a copy of the policy now in place as an information item at the next meeting. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 9. StrateQic Plan Read a letter from Deputy Mayor Chase submitting a copy of the City of Fredericton's Corporate Strategic Plan; and proposing that Council get started on a five- year plan by bringing in Colleen Knudson to get back on track with the strategic plan. The Mayor noted that Council was waiting for completion of the budget process to carry on with its strategic planning process, whereupon Deputy Mayor Chase advised that he would like to have a definitive date when Colleen Knudson could be brought back in and the process could continue. The Mayor suggested that Ms. Knudson could be contacted to see what was available in February and then coordinate it with Council members' schedules. Councillor Fitzpatrick suggested that this matter should be referred to staff for a week or two for a report on the timeline in that Council did agree to finish the Capital Budget and then get on with strategic planning. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for a time line. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the referral motion was carried. 12. Mavor's Remarks Mayor McAlary proclaimed February 1999 to be Black African History Month, and Heart Month, and also proclaimed February 7 to 13, 1999 to be White Cane Week in the City of Saint John. Mayor McAlary extended condolences to the family of the late Provincial Court Judge Andrew G. Harrigan, who passed away on January 26, and condolences were also extended to the family of the late Emma I. MacCready, who passed away on January 25. Note was made of the premiere showing of the movie, In Her Defence, at the Paramount Theatre on January 24. (Councillors Fitzpatrick and Vincent re-entered the meeting.) 87-349 COMMON COUNCIL FEBRUARY 1, 1999 13. Salvage Corps And Fire Police Election Of Officers / Warrant Cancellations On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council cancel the warrants of Daniel Paul and Neil Clifford who have resigned from the Saint John Salvage Corps and Fire Police, and approve the newly elected slate of officers for 1999 as follows: Gordon Lewis - Captain, Harold Mayes - First Lieutenant, Brian Cornish - Second Lieutenant, Joseph Savoy - Secretary, and Robert Pade - Treasurer. Question being taken, the motion was carried. 14. Tender For PassenQer Vehicles On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of Lorne Brett Chevrolet Oldsmobile Cadillac, in the total amount of $69,448.50, all taxes included, be accepted for the supply of three 1999 Chevrolet Lumina LS passenger cars. Question being taken, the motion was carried. 15. HIP Application HIP #81 On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #81 - Manford M. Thompson Construction Company Limited for an estimated grant of $47,600 for a development on Alderwood Street. Question being taken, the motion was carried. 16. Acquisition Of Municipal Service Easements - Dutch Garden Lane Consideration was given to a report from the City Manager referring to the submitted plan of Dutch Garden Lane in East Saint John off Golden Grove Road in that it is speculated that, although the Parish of Simonds prior to amalgamation constructed a sanitary sewer line down this Lane and no easement was ever acquired, there was a verbal arrangement between the owner of this private road and the Parish to permit the installation of the sewer line in exchange for plowing and maintenance of the Lane, an arrangement which the City of Saint John continued until 1994 when it stopped undertaking such work on Class 2 private roads; advising that, on numerous occasions since 1994, the Urquharts have approached the City about plowing and maintenance of Dutch Garden Lane, consistently offering to grant an easement to the City in exchange for the minimal plowing and maintenance of the Lane to PRV1 Class standards and, while it would be preferable from the City's perspective to simply acquire an easement for a negotiated sum, the owners are simply asking for the same level of service that had been provided for decades until 1994; and including a recommendation for the acquisition of two easements. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City acquire two easements for municipal services from Christopher and Jean Urquhart, the first being approximately 7.5 feet wide along the eastern sideline of the Urquhart's land and having an area of 155 square metres, and the second being approximately 7.5 feet wide along the western sideline of the Urquhart's land having an area of 277 square metres, the consideration for granting the easement 87-350 COMMON COUNCIL FEBRUARY 1, 1999 shall be the classification of Dutch Garden Lane as a Private Street Class I, and further that the Mayor and Common Clerk be authorized to execute the grant of easement and the City prepare the required documentation. Question being taken, the motion was carried. 17. ProQress Payment Contract 98-2 Read a report from the City Manager advising that a number of complications arose during the construction period for Contract 98-2 - Little River pumping/meter station, which added unanticipated extra work to the project and resulted in a final contract value of $237,960.58, the tendered amount having been $166,280, and also that Godfrey and Associates Ltd., which provided construction management services for this project and was issued a purchase order for $23,000 for these services, provided substantial extra services to successfully complete the project in the field resulting in the final construction management fees having risen to a total cost of $44,823.07 (including HST); and recommending payment of the over-expenditures. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the over-expenditure of $71,680.58 on Contract 98-2 for a final contract value of $237,960.58, and further that Council approve the additional payment of $21,823.07 to Godfrey Associates Ltd. for a total cost of $44,823.07 for construction management services associated with Contract 98-2. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 18. Tender For Contract 99-1 Consideration was given to the report from the City Manager regarding Contract 99-1, the recommendation therein, which was tabled at Council's December 14, 1998 meeting pending Mr. Groody's presentation of Municipal Operations' rationale for sidewalk and street construction in the Capital Budget and subsequently tabled at Council's January 4, 1999, being that Contract 99-1, curb and sidewalk construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $399,933.80, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Contract 99-1, curb and sidewalk construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $399,933.80, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick re-entered the meeting.) Councillor Chase advised that, in his view, too much money would be spent on the above curbs and sidewalks and there was a better way to do it, thus he would not support the recommendation. Question being taken, the motion was carried with Councillor Chase voting "nay". 87 -351 COMMON COUNCIL FEBRUARY 1, 1999 (Councillor White withdrew from the meeting as he was not present for the January 18,1999 public hearings for the proposed re-zoning of property on Proud Road, 205-207 Loch Lomond Road, and 304 Lawrence Long Road.) 19. Zoning By-Law Amendment To Re-Zone Property On Proud Road (Councillor Trites withdrew from the meeting.) On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the by-law entitled, "By- Law Number C.P. 100-489 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns by re-zoning lands within 152 metres (500 feet) of Proud Road, having a total area of approximately 87 hectares (215 acres), also identified as being NBGIC Numbers 55024699,55043962,55052823,00338442,55010342, 00418434,00348607,00336594, 55008353, 55006175, 00348607, 00276626, 55122600,00338442,00449165 and 00335596, and portions of NBGIC Numbers 55043970, 00339945, 00342188, 00422030, 00338673, 00338392, 00338392, 00339994,00342188,55010342, 55071013, 55010359, 55010334, 00426023, 00418814,00352450 and 00420216, from "RF" Rural to "RFM" Rural Mobile Home classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-489 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. 20. Zoning By-Law Amendment To Re-Zone 205-207 Loch Lomond Road & ImposinQ Of Section 39 Conditions On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the by-law entitled, "By- Law Number C.P. 100-490 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns zoning a parcel of land located at 205-207 Loch Lomond Road, having an area of approximately 9,100 square feet, also identified as being NBGIC Number 320465, from "R-4" Four-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) no driveway access to the site is permitted from Loch Lomond Road, and the proponent must remove that portion of the existing common driveway on Loch Lomond Road that lies on the subject site, leaving a driveway with a minimum width of 3 metres for the adjacent property at 203 Loch Lomond Road, and the proponent must replace the removed portion of the driveway entrance with raised asphalt curb and sidewalk, constructed to a similar standard as the existing City curb/sidewalk; (b) the portion of the site located between the existing building and the adjacent property identified as 203 Loch Lomond Road (NBGIC Number 319236) shall be used for no purpose other than a lawn area and parking accessory to the residential use of the subject site, until such time as the adjacent property at 203 Loch Lomond Road is re-zoned for non-residential purposes; (c) the proponent must pave all driveways, parking areas and vehicle manoeuvring areas with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (d) adequate site drainage facilities, including catch basin(s) connected to the City storm sewer system where deemed necessary, must be provided by the proponent in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (e) the proponent must landscape all areas of the site not occupied by buildings, structures and parking area/driveway; (f) the site shall not be developed or used for any commercial use except in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location 87 -352 COMMON COUNCIL FEBRUARY 1, 1999 of all buildings and structures, parking areas, vehicle display areas, vehicle manoeuvring areas, freestanding signs (if any), exterior lighting and landscaping; (g) no commercial use of the site is permitted, and no building permit or change-of-use permit for commercial use will be endorsed by the Development Officer, until (i) the site plan mentioned in condition (f) above is approved by the Development Officer, and (ii) the removal of the existing driveway on Loch Lomond Road, as required in condition (a) above, is completed to the satisfaction of the Chief City Engineer; and (h) all other work necessary to complete the development in accordance with the approved site plan and drainage plan must be completed within one year of building permit approval for the commercial use. The by-law entitled, "By-Law Number C.P. 100-490 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. 21. Zoning By-Law Amendment To Re-Zone 304 Lawrence Long Road & ImposinQ Of Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-491 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 304 Lawrence Long Road, having an area of approximately 11.8 hectares (29 acres), also identified as being NBGIC Numbers 288266 and 55095012 and part of NBGIC Number 288126, from "RS- 2" One- and Two-Family Suburban Residential and "RS-2M" One- and Two-Family and Mobile Home Suburban Residential to"RF " Rural classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the total number of horses (other than their young under the age of six months) is limited to a maximum of twelve; and (b) the natural treed vegetation located within 30 metres (98 feet) of any watercourse be retained. The by-law entitled, "By-Law Number C.P. 100-491 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. 22. 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 Monday, January 18, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites and Vincent, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Common Council (1) accept the resignations of the present members of Venue Saint John, and notify each member of this decision and thank them personally for past service to the City of Saint John, as well as for their offer to continue as ad-hoc advisors to staff and others; (2) agree to permit the convention, sport and special event marketing committee, comprised of staff and private sector industry partners, to use the name "Venue Saint John" in its efforts to lure events to Saint John; and (3) provide a copy of the City Manager's report dated January 18, 1999, along with Council's resolution, to the members of Venue Saint John. 87-353 COMMON COUNCIL FEBRUARY 1, 1999 February 1, 1999 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. 22.1. Venue Saint John On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 23. Planning Advisory Committee Election Of Executive For 1999 On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the report from the Planning Advisory Committee advising of its election of the following individuals as members of the Executive for 1999: Brian J. Cunningham - Chairman, G.A. (Sandy) Robertson - Vice-Chairman, and Philip Hovey - Executive Member -- be received and filed. Question being taken, the motion was carried. 24. Planning Advisory Committee Street Assent - Bavside Drive On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan of 862 Bayside Drive that would vest Parcel 112, having an approximate area of 170 square metres (1,830 square feet), as a public street. Question being taken, the motion was carried. 25. Planning Advisory Committee Subdivision - 96 Acamac Backland Road On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced revised tentative subdivision plan of Lots 99-1 to 99-4 at 96 Acamac Backland Road, and to any required municipal services or public utility easements; (2) authorize the preparation and execution of a City/Developer subdivision agreement for the proposed John Law Corporation Subdivision (Lots 99-1, 99-2, 99-3 and 99-4) to ensure provision of the necessary work and facilities; and (3) accept a cash-in-lieu of land for public purposes dedication for this proposed subdivision. (Councillor White re-entered the meeting.) Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting.) 87 -354 COMMON COUNCIL FEBRUARY 1, 1999 26. Planning Advisory Committee Subdivision - 600 Old Black River Road On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to the submitted photo- reduced tentative subdivision plan of 600 Old Black River Road, illustrating the extension of Mcilveen Drive and a future street, as well as to any required municipal services and public utility easements; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and (3) authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act, establishing a requirement that the regrading of the subject area be subject to the provisions of Section 880(1) and 880(4) to (19) of the City of Saint John Zoning By-Law. The Mayor referred to item 32 on the agenda of this meeting, noting the need for a two-thirds majority vote of Council in order to hear from Mr. Griffin at this meeting. Councillor Trites, President of Saint John Industrial Parks Ltd., advised of Saint John Industrial Parks Ltd.'s efforts to come to some agreement with Mr. Griffin and, as indicated in the Planning Advisory Committee's report in the above regard which includes a copy of an agreement with Maritime Sod, Saint John Industrial Parks Ltd. has agreed to enter into a licensing agreement similar to the one with Maritime Sod which would allow Mr. Griffin a period of time to access his property for the hauling of gravel, which was basically the solution the Committee accepted. In response to the Mayor's query, Mr. Griffin advised that he still wished to address Council. 32. Dennis Griffin - Request To Appear Re Proposal To Expand McAllister Industrial Park On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the letter from Dennis Griffin advising that he wished to speak in open session of Council when Saint John Industrial Parks Ltd. put forward its proposal to expand the McAllister Industrial Park (extension of Mcilveen Drive to Whitebone and new building lots) -- be received and Mr. Griffin be invited to address Council at this time. Deputy Mayor Chase, noting Council's appointment of Councillor Trites to the Board of Saint John Industrial Parks Ltd., expressed concern about hearing from Mr. Griffin and advised that he would not support the motion to do so. Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". Dennis Griffin of 865 Red Head Road advised that, while he was in favour of the above application, the reason he was before Council at this time was to question the logic of what was taking place in the McAllister Industrial Park and its future in that he was shown by Saint John Industrial Parks' representatives that there was always going to be road access to his property; however, the subject application shows no access to his property from Mcilveen Drive and, while he appreciates the licensing agreement to remove the gravel, his concern is that, after the gravel has been removed and it has been brought down to an elevation that is suitable for development in the Park, if there is no road access to his property or to the adjacent Supply and Services' property and the three other major farm lands in back of Red Head Mountain, it virtually becomes useless. Mr. Griffin asked for a provision of some type for land to be set aside so that, when development can occur in this area of these properties, they would have access to Mcilveen Drive, as well as the water and sewer and other services that could be provided as they could not be accessed easily enough from Red Head Road. Councillor Trites expressed the view that a solution had been reached which gave Mr. Griffin access to his gravel and a means to getting it out without trucking 87 -355 COMMON COUNCIL FEBRUARY 1, 1999 it along Red Head Road; however, the question before Council was the approval of the subdivision agreement, not the development of the McAllister Industrial Park. Question being taken, the initial motion was carried. 27. Carleton Congregation Of Jehovah's Witnesses Re-ZoninQ Of Property On MaQazine Street On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the application of the Carleton Congregation of Jehovah's Witnesses for the re-zoning of property on Magazine Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 15, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 28. Saint John And Western District Crime Stoppers - City's Decline To Provide FundinQ On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Saint John and Western District Crime Stoppers acknowledging its receipt of a letter from the Common Clerk advising that its request for funding had been declined, and advising that it was very hard to believe that the largest City in the Province would not support its Crime Stoppers group, and offering to speak to Council in private regarding the payment of "TIPS" and the amount of funding received from other towns -- be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. * Added Item On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that item 37 on the Committee of the Whole agenda of this date, being a letter from Deputy Mayor Chase regarding Crime Stoppers, be added to the agenda of this meeting for consideration at this time. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the above letter from Deputy Mayor Chase advising that he would like the opportunity to revisit the issue of a financial contribution to Crime Stoppers, be received and filed. Question being taken, the motion was carried. 29. Union Of The Municipalities Of New Brunswick - Invitation To Join On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the memorandum from the Union of the Municipalities of New Brunswick inviting Council to join as per the submitted invoice, and providing information on issues on which it has managed to succeed for the betterment of New Brunswick municipalities -- be received and filed. Question being taken, the motion was carried. 87-356 COMMON COUNCIL FEBRUARY 1, 1999 30. Walter Vincent - Request To Appear Re HIP Grant Extension The Mayor noted that, in order to hear from Mr. Vincent as requested in his letter, a two-thirds majority vote of Council would be required to her from Mr. Vincent at this time; otherwise, the matter could be referred to staff for a report to Council on what is contained in Mr. Vincent's letter. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the letter from Walter Vincent requesting, further to his request to Council on November 23, 1998, that Council consider allowing him the Housing Incentive Program grant based on the completed dwellings or extending the incentive grant he had requested previously on Lots 1-2-3 and Lot 8 on Woodward Avenue, Park Lane Estates; and asking that he be permitted to speak at this meeting and answer any questions pertaining to this request -- be referred to the City Manager for a report at which time Mr. Vincent could address Council. Question being taken, the motion was carried. 31 (a) Donna Mazerolle, (b) Darlene Richard (c) Patsy Johnston Re River Vallev Ground Search & Rescue Team On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letters from (a) Donna Mazerolle, (b) Darlene Richard, and (c) Patsy Johnston concerning the River Valley Ground Search & Rescue Team, further to Council's consideration on January 18, 1999, of a letter from the Team -- be referred to the City's Emergency Measures Committee and request a response within two weeks. The Mayor noted that, while Council declined the Rescue Team's first request for financial assistance, Council referred the second request to the Emergency Measures Committee. In response to Councillor Ball's question as to referral of this matter to the Police Commission, the Mayor indicated in the negative, although the Emergency Measures Committee could perhaps discuss it with the Commission. Question being taken, the motion was carried. 33. The New Brunswick Historical Society - Location Of Labour Bell On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from The New Brunswick Historical Society advising of its concern that the historic bell, rung to summon City workers to their daily tasks, is missing from its prominent location at Market Slip, and requesting that it be restored to a position of public prominence at Market Slip so that it may be used for City celebrations and as an historic curiosity for tourists -- be referred to the City Manager. Question being taken, the motion was carried. * Added Item On motion of Councillor Ball Seconded by Councillor White RESOLVED that item 36 on the Committee of the Whole agenda of this date, being a letter from Deputy Mayor Chase regarding a Hospice of Saint John event, be added to the agenda of this meeting for consideration at this time. 87 -357 COMMON COUNCIL FEBRUARY 1, 1999 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Deputy Mayor Chase suggesting the purchase of a table for the Mayor and Council at the Hospice of Saint John's Valentine's Dance & Silent Auction on February 13 -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Ball Seconded by Councillor Court RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk