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1999-02-15_Minutes 87 -366 COMMON COUNCIL FEBRUARY 15, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of February, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, 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 S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; B. Morrison, Director of Recreation and Parks; P. Hanlon, Manager of Water and Sewerage Services; J. Bezanson, Heritage Planner; G. Tait, Fire Chief; A Bodechon, Deputy 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. David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on February 8, 1999, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re-zoninQ Of 560-600 Main Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 3, 1973 re-zoning of Hilyard Place, situated at 560-600 Main Street, also identified as NBGIC Numbers 31104 and 373225, to permit the adoption of a revised sign proposal, as requested by Design Art Signs, and no written objections were received in this regard, with a letter having been received from the applicant requesting to withdraw the application. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's February 9 meeting at which Rick Watters of Design Art Signs, together with a representative of the property owner, appeared and Mr. Watters indicated that the proposed freestanding sign was designed in response to the desire of Hilyard Place tenants to be increase their visibility; therefore, the tenants would prefer to be allowed more individual tenant panels on the freestanding sign than the maximum of five being recommended by staff, and he expressed general agreement with the other proposed sign standards as recommended by staff; and also advising that, after considering the report and the applicant's comments, the Committee adopted the staff recommendation; and recommending denial of the proposed freestanding sign as submitted, as well as an amendment to the conditions imposed on the July 3, 1973 re-zoning of Hilyard Place, situated at 560-600 Main Street, by incorporating signage standards for the development as set out herein. 87 -367 COMMON COUNCIL FEBRUARY 15, 1999 On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the application of Design Art Signs for an amendment to the Section 39 conditions imposed on the July 3, 1973 re-zoning of Hilyard Place, situated at 560-600 Main Street, be withdrawn as requested by the applicant. Question being taken, the motion was carried with Councillor Desmond voting "nay". 4(a) Zoning By-law Amendment To Re-Zone Land Located To Rear Of 18 Sussex Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located to the rear of 18 Sussex Drive, having an area of approximately 750 square metres, also identified as being a portion of NBGIC Number 55144109, from "P" Park to "RM-2" High Rise Multiple Residential classification, to permit the land to be consolidated and used in conjunction with an adjacent residential property, as requested by the City of Saint John, 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 February 9 meeting at which no persons spoke in favour of or against the proposal and no letters were received; and recommending re-zoning of the parcel of land located to the rear of 18 Sussex Drive, having an area of approximately 750 square metres, also identified as being a portion of NBGIC Number 55144109, from "P" Park to "RM-2" High Rise Multiple Residential classification. On motion of Councillor Desmond Seconded by Councillor White 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 to the rear of 18 Sussex Drive, having an area of approximately 750 square metres, also identified as being a portion of NBGIC Number 55144109, from "P" Park to "RM-2" High Rise Multiple Residential 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 Ball Seconded by Councillor Court 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 to the rear of 18 Sussex Drive, having an area of approximately 750 square metres, also identified as being a portion of NBGIC Number 55144109, from "P" Park to "RM-2" High Rise Multiple Residential 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 Fitzpatrick Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 87 -368 COMMON COUNCIL FEBRUARY 15, 1999 6. Mavor's Remarks Mayor McAlary commended John Hanson, a City Transit bus driver, for his initiative in putting together a bus schedule for the Saint John Transit Commission, and thanked City Transit bus drivers for serving as ambassadors for the City while transporting citizens and tourists, and to the Commission members for their operation of Saint John Transit. The Mayor noted the February 16 unveiling of a shamrock leading up to the forthcoming St. Patrick's Week in the City, the February 18 kick-off for the Play Ball For St. Joseph's event, the February 20 Bowl-For-Kids fund-raising event for Big Brothers and Big Sisters, and the forthcoming Skate-With- The Flames weekend at Harbour Station. Mayor McAlary, noting that February 15 marks the 43rd anniversary of the Canadian Flag and the 25th anniversary of Heritage Week in Canada, proclaimed February 15 as National Flag Day in the City of Saint John, and also proclaimed February 21-27 as Scout/Guide Week in the City of Saint John, and congratulated the members of Team New Brunswick who will be participating in the Canada Winter Games in Newfoundland. Councillor Vincent noted his attendance, representing Council, at the Moosehead Skate to Care event at Fisher Lakes on February 13, as well as at the CNIB Week Walk at Market Square; and Councillor Ball congratulated the participants in the East Coast Music Awards held in St. John's, Newfoundland, this past weekend. * Added Items On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that an item regarding Canadian blood services be added to the agenda of this meeting for consideration as item 6A. Question being taken, the motion was carried. The Mayor asked that two recommendations from Committee of the Whole earlier this date, for appointments to the Recreation and Parks Advisory Board and the Power Commission, be added to the agenda of this meeting for consideration as item 12A. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above- mentioned recommendations from Committee of the Whole be added to the agenda of this meeting for consideration as item 12A. Question being taken, the motion was carried. *6A. Re Canadian Blood Services Consideration was given to a letter from Councillor Desmond advising that he would like to discuss at this meeting the issue of Canadian Blood Services and testing in Saint John. Councillor Desmond expressed concern about a possible decision by Canadian Blood Services to have blood testing done in Halifax after Saint John had initially been the pilot area for such testing and had done so successfully, which represents another loss of Federal jobs in the City of Saint John; and suggested that the Mayor should be asked to send a letter to both the Federal and Provincial Minister of Health in regards to this decision, pointing out Council's disappointment that the Board would do this without a representative from the Province of New Brunswick on it, and that Council would like to see that the jobs in Saint John are left here. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the Mayor be requested to send a letter to both the Federal and Provincial Minister of Health in the above regard, with a copy of this letter to be forwarded to the Premier, the local Member of Parliament, 87 -369 COMMON COUNCIL FEBRUARY 15, 1999 the local MLAs, and the Provincial Member of the Federal Cabinet, The Honourable Claudette Bradshaw. At Councillor Trites' suggestion, the mover and seconder of the motion agreed to add to it that a copy of the Mayor's letter be forwarded to those individuals referenced above. Question being taken, the motion was carried. 7. Open & Closed Council AQenda Consideration was given to the matter of open and closed Council agendas, Council on February 1, 1999 having tabled a motion 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. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the above matter be taken from the table for consideration at this time. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Council reaffirm its February 17, 1997 resolution setting out the policy for issues to be considered in open session, Committee of the Whole and Legal Session of Council. During discussion Deputy Mayor Chase advised that he was of the belief that a motion would be put forward at this meeting in which an ad hoc committee would be struck, similar to the Council Agenda Review Committee, to address the technique of how this might be brought back before the assembly, noting that his argument was not against the land, legal and labour issues being discussed in-camera but rather the process by which they get there. Councillor Titus spoke in support of the process put forth in the motion he proposed, which was seconded by the Deputy Mayor and tabled at the February 1, 1999 Council meeting; and Councillor Chase advised that he would not support the motion to reaffirm the way Council was presently doing things because he was not satisfied with that, and that he liked the motion put forward at the February 1, 1999 Council meeting by Councillor Titus and the Deputy Mayor. Councillor Vincent spoke on the basis that the motion tabled at the last meeting would move the current process one step further in having all items appear in open session, with any items putting the legal liability of the Councilor its citizens in some form of jeopardy to be removed from open session to Committee of the Whole notwithstanding that the land, legal, labour and negotiation aspects were recognized. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Chase, Titus and Vincent voting "nay". 5. Preservation Review Board Presentation Of HeritaQe Awards Philip Huggard, Chairman, and Christopher Waldschutz, David Colwell, Robert Ring and Harold Wright, members of the Preservation Review Board, were present at the meeting; and Mr. Huggard, in acknowledging Councillor Titus' membership on the Board, advised that the awards to be presented for heritage work recognized citizens for their outstanding contribution to heritage preservation in the City. Through a computerized presentation, Mr. Huggard commented on the restoration projects and initiatives undertaken by the award recipients in the categories as follows: Residential CateQorv - Peter Smit for the sensitive restoration of the circa 1849 Georgian-style farmhouse at 1260 Manawagonish Road; Commercial Storefront CateQorv - Greg McCollum for the sensitive rehabilitation of the storefront at 74 Prince William Street for King of Donair Restaurant; Advocate CateQorv - Dennis Almost as a result of advocating for the retention and reuse of buildings and the implementation of 87 -370 COMMON COUNCIL FEBRUARY 15, 1999 architectural salvage programs when buildings are demolished; Scholarship CateQorv - New Brunswick Community College, Saint John Campus and, in particular, the students of Business Technology Information Systems Specialist and Computer Programming Technology, as a result of increasing the awareness of the City's rich legacy of heritage buildings through the creation of a Heritage Resource Web Site, and also Harold Wright who was the content coordinator for the Web Site and active participant in its continued development; and Awareness CateQorv - City of Saint John Recreation and Parks Department as a result of increasing the awareness of the important role of mature trees in the urban landscape and the responsible work program following the 1998 ice storm; and, following Mr. Bezanson's introduction of the recipients, Mr. Huggard and the Mayor presented the awards during which time Mr. Smit addressed Council briefly in appreciation of the City's heritage policy and its interest and commitment to heritage preservation. Accepting on behalf of NBCC - Saint John Campus, was Terry Boone, Dean of Information Technology, Health and Academic Studies, and students Annette Albert and Christa Gagnon; and Bernard Morrison, Director; Randy Nelson, Superintendent of Parks; Wayne Hamilton, Foreman; and arborists Peter Kierstead, Christopher Gaudet, David Blizzard (not present) and Mark Kincade, accepted on behalf of Recreation and Parks. (Councillor Trites withdrew from the meeting.) Councillor Titus suggested that item 14 be brought forward for consideration at this time. 14. Preservation Review Board Re Brick SalvaQe ProQram Consideration was given to a report from the Preservation Review Board advising that the original buildings at the Centracare site were constructed of brick compatible to those in many of the buildings in the Trinity Royal Preservation Area which were built with either pressed brick or Le Prairie brick on the exterior, different in size, colour and porosity than those available for purchase today; also advising that J.D. Irving has offered the opportunity to salvage a quantity of these bricks from the Centracare site on condition that they be removed from the site and be reused for heritage preservation on a not-for-profit basis; submitting information in this regard, including the approximate cost of the brick salvage; and recommending that Common Council approve a brick salvage program from the Provincial Asylum at an estimated cost of $15,000. Mr. Huggard advised that, while the above request was for $15,000, the amount now could be $8,000 or $10,000 and the Board would negotiate to get as many bricks as it can; and he reviewed the information in the above report, including the cost breakdown per truck load, cleaning and transporting the brick to the Old Water Reservoir for controlled distribution and such. In response to questions, Mr. Huggard advised that it would not be a case of selling the brick but rather to use it in lieu of the grant program for which Council approved an amount of $80,000 last year, and suggested that Council could take the amount requested from the money to be allocated for the 1999 grant program; and during discussion the Mayor expressed concern about security if the Board stored the brick at Howe's Lake. (Councillor Trites re-entered the meeting during the above discussion.) On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that up to $15,000 for a brick salvage program be approved from the Preservation Review Board's 1999 grant program funding. The initial motion proposed was to approve an amount of $8,000 in grant money for the Board's brick salvage program and the City Manager be requested to find an appropriate place to store the brick; and during discussion Councillor Titus expressed the view that the full $15,000 should be approved as requested. Councillor Trites proposed an amendment, which was seconded by Councillor Ball, to authorize the 87 -371 COMMON COUNCIL FEBRUARY 15, 1999 transfer of up to $15,000 from the Preservation Review Board's 1999 grant program to accommodate the Board's request for funding for a brick salvage program; and the Mayor, in calling for the motion, cited it as above. Question being taken, the motion was carried. 8. Fort Howe Blockhouse Marsh Creek/Maiors Brook Read a letter from Councillor Chase advising that he would like to discuss the following: (A) the Fort Howe Blockhouse in that, with tourist season approaching, he feels it is quite possible to enhance it; and (B) Marsh Creek/Majors Brook, having recently toured this area and finding significant blockages in water flow, such as discarded timber and overgrown trees. (Councillor Titus withdrew from the meeting.) Councillor Chase suggested that the Fort Howe Blockhouse should be enhanced as a tourist destination by building on the efforts of the two men who cleaned up the site last year and had a little activity around it, by hiring summer students under the Provincial Summer Student Job Program who would dress in period garb and reflect some of the functional aspects of the Blockhouse in that period of time, and by adding a few artifacts to the site. On motion of Councillor Chase Seconded by Deputy Mayor Chase RESOLVED that the matter of the Fort Howe Blockhouse be referred to the City Manager to bring back a work plan. The initial motion proposed was to request staff to submit a plan of action that would see the enhancement of the Fort House Blockhouse such as in the terms described above. In response to the Mayor's observation that the presentation to Council on October 5, 1998 in this regard had been referred to the City Manager, Mr. Totten noted that, while the issue at that time centered around whether the City wanted to put more of its resources into promoting that particular site, the extent of Council's direction at that time was for him to have discussions with the Power Commission with respect to lighting and that, if the motion proposed were adopted, he would have staff put together an action plan as requested. Councillor Desmond advised that, as Council had to turn down a request for a grant for Fort Howe in the 1999 budget, he could not support the motion unless the grant was coming from the Provincial Government to put a couple of people there. Councillor Trites advised that he could not support the motion as Council had already gone through the budget process and determined where it would put its money for the next year, and that also the City had a very experienced and capable Tourism Department which should be telling Council the direction it should be taking in this regard rather than Council, at its weekly meetings, deciding to place students in job positions at Fort Howe. The Mayor suggested that the matter could be referred to the City Manager to report to Council on what it could or could not do in this regard and, in response to Councillor Fitzpatrick's request for clarification on the motion, Councillor Chase advised that it was for staff to submit a plan of action to enhance the Fort Howe Blockhouse, and concurred with the Mayor's observation that the motion was to refer the matter to the City Manager to bring back a work plan. Councillor Fitzpatrick advised that he would not support any funding for the Fort Howe Blockhouse as Council had already dealt with the issue during the budget process; and Councillor Court advised that he would have a problem adding expenses to a budget that some people turned down. (Councillor Titus re-entered the meeting during the above discussion.) Question being taken, the motion was carried with the Mayor and Councillors Court, Desmond, Fitzpatrick and Trites voting "nay". On the issue of the Marsh Creek/Majors Brook, Councillor Chase commented on his recent tour of this waterway during which time he noted several instances where it was blocked whether it be with timber, garbage or overgrown bushes; and requested Council to endorse a clean-up of that waterway by City Works crews, 87 -372 COMMON COUNCIL FEBRUARY 15, 1999 when the weather permits. Mr. Groody, in noting that the system had to be maintained on a regular basis, advised that he would ensure that Works crews follow up in this regard. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above matter be received and filed. Question being taken, the motion was carried. 9. Street Closing By-Law Amendment Re Portion Of Market Square Consideration was given to a report from the City Manager advising that, in anticipation of a proposed development, staff believes it would be prudent to initiate the process of closing a portion of Market Square (public street), as generally shown on the submitted plan. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the necessary advertising regarding the proposed closing of a 612 m2:t portion of Market Square (public street) as generally shown on the submitted plan, 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 with Councillor Titus voting "nay". 10. Renewal Of Water Supplv AQreement Read a report from the City Manager submitting a copy of the 1978 agreement with the Province of New Brunswick allowing the City to draw water from the Musquash Watershed to supplement the Spruce Lake Watershed, such agreement having expired on December 31, 1998 and the Minister of Natural Resources and Energy having offered to extend the agreement for one year under the same terms and conditions. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council (a) authorize extension, for one year, of the agreement with the Province of New Brunswick for the purchase of water from the Musquash Watershed, and (b) authorize the Mayor and Common Clerk to execute any documents necessary to give effect to this resolution. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 11. Zoning By-law Amendment Re-zoning Property Adjacent To 570 Rothesay Avenue & ImposinQ Section 39 Conditions On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-492 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 the intersection of McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister Drive, and an area of approximately one-half acre, also identified 87 -373 COMMON COUNCIL FEBRUARY 15, 1999 as being a portion of NBGIC Number 55102768, from "P" Park 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) the use of the re-zoned area is limited to a car wash facility in conjunction with the use of the adjacent property; (b) access to the re-zoned area must be from the adjacent property, and there shall be no direct driveway access to the site from McAllister Drive or Golden Grove Road; (c) all parking areas and vehicle maneuvering areas must be paved with asphalt and enclosed by cast-in-place concrete curbs; (d) all areas of the site not occupied by buildings, structures and vehicular areas must be landscaped, and the landscaping must extend onto the City street rights-of-way to the edge of the street curb/sidewalk; (e) adequate site drainage facilities must be provided by the proponent of the development in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (f) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, to be prepared by the proponent of the development and subject to the approval of the Development Officer, indicating the location and characteristics of all buildings, structures, parking areas, vehicle maneuvering areas, landscaped areas, signs and exterior lighting; (g) no building permit shall be endorsed by the Development Officer, except site preparation or foundation, until the required site plan, drainage plan and building elevation plans are approved; and (h) all improvements shown on the approved site plan, drainage plan and building plans must be completed no later than one year from the date of approval of the building permit for the development. The by-law entitled, "By-Law Number C.P. 100-492 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. (Councillor Vincent re-entered the meeting.) 12. 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, February 8, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That William D. Farren be appointed to the Board of Police Commissioners for a term of three years, effective February 17, 1999. February 15, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 12.1. Board Of Police Commissioners - Appointment On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 87-374 COMMON COUNCIL FEBRUARY 15, 1999 *12A.1. Appointments To Recreation And Parks Advisorv Board On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Nominating Committee, Raymond Thompson, Harold Mayes, Betty McMillan, Connie Erb, J.A. VanWart, Joe Mott and Murray Carpenter be re-appointed, and Councillor Desmond, Ian Polley and Ralph Thomas be appointed to the Recreation and Parks Advisory Board for a term of three years. Question being taken, the motion was carried. *12A.2. Appointments To Power Commission On motion of Councillor Trites Seconded by Councillor White RESOLVED that Edward Bates and G.E. (Ed) Graham be re-appointed, and Anne Hickey be appointed the Power Commission for a term of three years, effective February 15, 1999. Question being taken, the motion was carried. 13. Planning Advisory Committee Subdivision 101 Boars Head Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans, in one or more phases, of 101 Boars Head Road, in accordance with the submitted photo-reduced subdivision plan, including a future street between Lots 99-2 and 99-3, as well as to any required municipal services and public utility easements, but excluding the proposed land for public purposes parcel, which may be developed as an additional lot; (2) Common Council authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; (3) a payment of money in-lieu of land for public purposes be accepted with respect to the proposed subdivision; and (4) Common Council authorize cost sharing for the extension of municipal services outside the limits of the proposed subdivision in accordance with the Subdivision By-law. Mr. Baird responded to Councillor Fitzpatrick's questions about land for public purposes, during which time it was noted that, as indicated in the Planning Advisory Committee's report to this meeting, the Committee adopted Planning staff's recommendation, with an amendment to permit the payment of money-in-lieu of the land for public purposes. Councillor Fitzpatrick advised that, as he considered it important to get the land for public purposes, he could support the motion if it were amended accordingly, otherwise he would be voting against it. Moved in amendment by Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above motion be amended to exclude item (3) thereof, and accept the land for public purposes. The Mayor asked the reason for the Planning Advisory Committee not accepting the staff recommendation with respect to the land for public purposes, to which Mr. Baird advised that the applicant's representative indicated that they were still working through the costs and felt that it might be of some monetary value advantage for them to give cash, as opposed to giving land, and requested the Committee to do that. Councillor Chase advised that he was in support of accepting cash-in-lieu of land on the basis that the Land for Public Purposes fund could often serve a greater good in another neighbourhood and, in this case, there was considerable land for public purposes at the 87 -375 COMMON COUNCIL FEBRUARY 15, 1999 Samuel-de-Champlain playground just down the road from the proposed development. Mr. Baird confirmed Councillor Trites' indication that the amendment would substitute (3) in the staff recommendation for (3) in the Committee's recommendation. Question being taken, the amendment to the motion was lost with Deputy Mayor Chase and Councillors Ball, Chase, Trites, Vincent and White voting "nay". Question being taken, the original motion was carried with Councillor Fitzpatrick voting "nay". 15. E. Neil McKelvey - Resignation From Greater Saint John Economic Development Commission On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that Council accept E. Neil McKelvey's resignation from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John), and thank him for his past service, and refer the matter to the Nominating Committee. Question being taken, the motion was carried. 16. The Hardman Group Limited Re Tax Increase & BudQet Process On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from The Hardman Group Limited expressing concern, as Property Managers for Brunswick Square as well as five other office and retail properties within the municipal boundaries, with the recent municipal tax increase in the City of Saint John, as well as concern about the budget process; and encouraging Common Council to adopt an open process of communicating and consulting with the business community and other stakeholders so that there are no surprises on budget day -- be received and filed. Question being taken, the motion was carried. 17. Horst Sauerteig Further To Letter Re Open & Closed Sessions On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the letter from Horst Sauerteig further to his letter considered by Council at its last meeting regarding open and closed sessions of Council, be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Fitzpatrick Seconded by Councillor White 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