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1999-02-22_Minutes 87 -376 COMMON COUNCIL FEBRUARY 22, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second 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; 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; D. Logan, Purchasing Agent; 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 Reverend Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on February 15, 1999, be approved. Question being taken, the motion was carried. 4. Mavor's Remarks Councillor White, on behalf of the Board of Governors of the Saint John Sports Hall of Fame, announced that the following people would be inducted into the Saint John Sports Hall of Fame on May 11, 1999: - the late Joe O'Toole (hockey/baseball); Kevin Carson (racquetball/baseball), John Quigg (speedskating), Fran McHugh (builder/basketball), Frank Remete (builder/tennis), and Percy Brennan (builder/hockey officiating). Mayor McAlary extended condolences to the family of the late Joseph Carson, father of City employee Kevin Carson, who passed away on February 18, 1999 and extended congratulations to Tracey Lee Connolly who was representing Saint John in the 1999 Miss New Brunswick International Pageant currently underway in Moncton. Mayor McAlary advised of her discussion earlier this date with Canadian Coast Guard officials, further to a news item during the weekend about the Canadian Coast Guard base in Saint John, at which time she was assured that the Coast Guard would not be leaving the City of Saint John and was looking for ways to deliver its services at a better cost and to try to reduce its costs overall. In response to a question on the status of the Canadian Blood Services issue which was broached at the last meeting, the Mayor advised that she would ensure that Council received a copy of the information she was in the process of gathering in this regard. 5. ParkinQ On Cranston Avenue On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Mayor McAlary requesting, as residents of the Cranston Street area between Fifth Street and Rockland Road would like to have parking allowed on at least one side of the street, that 87 -377 COMMON COUNCIL FEBRUARY 22, 1999 staff be asked to review this issue and report back to Council -- be referred to the City Manager. Question being taken, the motion was carried. 6. Walter Vincent's Request Re HIP Grant And To Address Council Consideration was given to a report from the City Manager submitting a copy of Walter Vincent's letter considered by Council on February 1, 1999 asking again for Council to consider the Housing Incentive Program grant based on the completed dwellings or extending the grant on Lots 1-2-3 and 8 for a development on Woodward Avenue; advising of staff's meeting with Mr. Vincent following Council's meeting; and recommending that Common Council (1) give consideration to Mr. Vincent's request to be heard; and (2) decline to make any changes to HIP #20. On motion of Councillor Ball Seconded by Councillor White RESOLVED that Walter Vincent be invited to address Council at this time in the above regard. Question being taken, the motion was carried. Walter Vincent advised his intent to defend his position on his HIP grant based on his understanding that other grants allowed to date have had alterations to the grants themselves, and his has been the only one Council has refused; and referenced a conversation with Mr. Baird in September and Council's consideration on October 19, 1998 of an extension or partial payment of his HIP grant, as well as a question of timing in terms of expiry in that he did not realize that he qualified for a grant because he did not have the fourth unit completed; however, as time went on, he realized that he did qualify if he were given an extension. Mr. Vincent explained that, in his case, a fourth unit, of the eight-unit application, was now going up, having been started in November which was shortly after the grant had expired, although at the time he did not realize this because it was something not in his control, being a lot that was sold and being built on privately, even though he still retained the rights to the grant on the lot and this would represent the fourth unit in the application; and, in terms of timing, compared his situation with another HIP application where at the final date in May 1996 only three of six units were completed while three were partially constructed and Council approved partial payment in June 1996, after the deadline had expired. Mr. Vincent stated that he has tried to conform to the grant expectations and that is to create houses; and made the observation that the HIP grant was given with the land not on the basis of building houses on the land itself; so, if he sold a lot, that grant would follow the lot along. Councillor Chase spoke on the basis that two years ago there was no development on the site in question, now there were four houses tax value, thus Mr. Vincent should be entitled to the grant money. In response to Councillor Court, Mr. Baird, in referring to the scenarios outlined in the above report from the City Manager including the situation involving HIP #5 to which Mr. Vincent made comparison and that involving HIP #3 which Councillor Court referenced, explained that the Program was designed to provide for a large degree of flexibility so that developers could apply for a large- or small-scale project within their subdivision or could break it into two projects, and it was permissible under the guidelines adopted by Council at the very beginning to reapply to finish off a program, thus Mr. Vincent, who started off with eight lots, would have the opportunity to apply on the remaining four lots and, in essence, start anew with respect to those four lots. Councillor Court asked the major difference and complications in Mr. Vincent's request, to which Mr. Baird responded on the basis of the importance, in order to administer the Program, of there being an end date and, as two years was utilized in all of the various programs and was maintained in this Program, he would be concerned about how far the City would go in approving extensions and, with regard to the issue of timing in Mr. Vincent's case of the fourth unit, the building permit for it was issued in November, so it was basically a matter of a month and a half not two weeks. Replying to Councillor Trites' questions, Mr. Baird confirmed Mr. Vincent's interpretation that the HIP grant followed the land, and distinguished between the deviation in the Program with respect to HIP #5 and why that would not have been applicable to Mr. Vincent's HIP #20, and Councillor Trites spoke on the basis of how Council, having made an exception once by taking an application out of the mix and 87 -378 COMMON COUNCIL FEBRUARY 22, 1999 approving a grant based on three units in an area where construction development could have gotten to six units or whatever, could give approval in the case of HIP #5 and deny Mr. Vincent. Mr. Totten explained the distinction to be made in this regard, and Mr. Baird added that, as the purpose of the Program from day one was assessment increase, this was a factor in making the recommendation to pay three units. Councillor Fitzpatrick, in acknowledging variations made in HIP applications, expressed the view that Council had to take each individual case on its own merit. Mr. Vincent, in response to the Mayor, explained that, as the grant criteria indicated that there had to be four units, on the basis of the grant itself he recognized that he was not entitled to it; however, rather than there being a change of mind, there was a change of circumstances when it was brought to his attention about Villa Ridge because that was in June and his application did not expire until the end of September. Councillor Ball expressed the view that Mr. Vincent had been left at the mercy of a builder and that was where he missed out in the timing requirements, and Mr. Totten made the observation that, on the issue of timing and its importance in this issue in terms of how the Program and the policy was put in place, the Program was an attempt to provide initiatives to trigger development within a 24-month period, not to provide funding or subsidies for residential construction; in other words, it was not to be ongoing. Councillor Titus asked if there was something legal in this regard that was not apparent on the face of it, in view of the indication in the above report that the facts of the situation have been reviewed with the Legal Department and additional comments could be provided if required. Mr. Nugent commented on the basis of his report to Council on December 21, 1998 with regard to Peter Robichaud's HIP application in terms of by-laws and policies being administered in a non-discriminatory fashion; and expressed the view that what resulted in a practical fashion, and from a legal perspective as well, was that, in granting an extension to Peter Robichaud, the Program essentially now, rather than allowing for twenty-four months to complete the work, allowed twenty-four months plus the extension time granted to Mr. Robichaud; and, while it was clearly within Council's prerogative to extend the time limit further to accommodate the circumstances in which Mr. Vincent found himself, if Council did that it would create a policy that did not allow for twenty-four months but a policy that now allowed for twenty-four months plus approximately six months, but that was a policy decision that Council could make. Councillor Titus suggested that, as Council was not only talking about time, it was also talking about the number of units that could be deviated from, the matter should be referred to staff for a legal opinion before making a decision in this regard. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Solicitor for an opinion. Councillor Trites spoke against the referral motion in that, based on Mr. Nugent's comments, Council had made a 24-month period a 27-month period in extending Mr. Robichaud's grant, and changed to a three-unit rather than a four-unit policy by, in the case of Villa Ridge Construction, awarding a grant based on three instead of four units. Deputy Mayor Chase suggested that Council should decide on the merits of the case as presented, noting the inherent right of Council to deviate from policies it sets under its purview and the City Solicitor's indication that Council, in the past, has made policies that have, in essence, formed a new policy from that moment on. Question being taken, the motion was lost, a tie vote having been created with Deputy Mayor Chase and Councillors Chase, Court, Vincent and Trites voting "nay". On motion of Councillor Trites Seconded by Councillor Court RESOLVED that, with regard to Walter Vincent's Housing Incentive Program application HIP #20 for a development on Woodward Avenue, payment be made on the basis of the three units completed. Question being taken, the motion was carried with the Mayor and Councillors Fitzpatrick, Titus and Vincent voting "nay". 87 -379 COMMON COUNCIL FEBRUARY 22, 1999 3. Saint John Development Corporation Status Of Waterfront StrateQic Plan William T. Grant, Chairman; Stephen Clarke, Vice-Chairman, and Theresa Ellefsen, Administrator, of the Saint John Development Corporation, were present at the meeting, and Mr. Grant updated Council on the status of the Waterfront Strategic Plan commissioned by the Corporation in conjunction with four other organizations, including the City of Saint John, Uptown Saint John Inc., the Province of New Brunswick, and Port New Brunswick at Saint John, during which time he reviewed the objectives of the study being conducted by Malone Given Parsons in arriving at a Waterfront Strategic Plan with both short and long-term goals to improve the waterfront. Mr. Grant, in apprising Council of the steps being undertaken in the preparation of this Plan and suggestions put forward by the community both individually and as groups in public meetings and private sessions, advised the anticipated receipt of a draft of the Consultants' report sometime in March, with the final report expected in the later part of March or early April. During his presentation, Mr. Grant commented on the issue of a Bay of Fundy Discovery Centre as the cornerstone for the Waterfront Plan, there having been some interest shown in it particularly by the Province of New Brunswick, some discussion about funding for that from other levels of government, and the receipt by the Steering Committee, having asked Malone Given Parsons to put a proposal together for a study in this regard, of a proposal from a sub-consultant with which the Steering Committee was pleased and on which approval from the various organizations to proceed has been requested. During discussion Mr. Grant advised of action to be taken upon receipt of the Strategic Plan, including its presentation to Council for endorsement. (Councillor Vincent withdrew from the meeting during the above discussion.) 7. Agreement With Total Golf Management Inc. Re Rockwood Park Golf Course Read a report from the City Manager highlighting the proposed agreement, as submitted, with Total Golf Management Inc. to administer, manage and maintain the Rockwood Park Golf Course; and recommending that the City enter into the proposed agreement. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the City of Saint John enter into the agreement, as submitted, with Total Golf Management Inc., and the Mayor and Common Clerk be authorized to execute the said agreement. Councillor Chase expressed the view that the City could have done better on the fees by getting more than six per cent, not just from green fees, but from all revenues taken in at the Golf Course or, if only in green fees, the City should get a higher percentage, perhaps ten rather than six per cent; and noted that he had not received the information he requested during deliberations in the above regard comparing arrangements other municipal golf courses across the country have with private enterprise. Councillor Fitzpatrick, in speaking against the motion, asked if the City would be responsible for work undertaken by somebody on behalf of Total Golf Management Inc. at the Golf Course, if Total Golf Management Inc. decided to walk out and go bankrupt, to which Mr. Nugent advised that, if for example a substantial amount of work was done on the Clubhouse which was going to cost a large amount of money and the Operator failed to pay as any contract required, there would certainly be the possibility that whoever had done the work and supplied the materials would file a mechanic's lien which would affect the City's property; and there were two considerations that needed to be recognized, firstly that any capital improvements to any part of the facility were the property of the City of Saint John, so the City would be the owner in any event, and secondly there was a provision in the contract which speaks of the Operator indemnifying the City from any claims that anybody might make against the City, as well as a performance guarantee which has a fixed value associated with it of $25,000. 87 -380 COMMON COUNCIL FEBRUARY 22, 1999 Question being taken, the motion was carried with Councillors Chase and Fitzpatrick voting "nay". 8. Acceptance Of Fee & Fee Simple Interest Property Sold To Province & Expropriated Consideration was given to a report from the City Manager further to Council's authorization on January 5, 1998 of the sale to the Province of New Brunswick of a portion of NBGIC Number 297788, located along the McKay Highway near the Fox Farm Road, the consideration for the subject parcel being $1,067 plus the fee simple interest in Parcel Q; advising that, instead of just proceeding with the purchase and sale, the Province commenced expropriation of the subject parcel which was finalized on March 31, 1998 and, last week, delivered the consideration to the City as compensation; however, staff has no authority to accept the compensation because the Council resolution on the matter authorizes a sale not an expropriation. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City accept $1,067 and the fee simple interest in Parcel Q (NBGIC Number 296939), located along the McKay Highway near Fox Farm Road, as compensation for the expropriation of a 1.679 hectare :t portion of NBGIC Number 297788, as generally shown on the submitted plan, and the Mayor and Common Clerk be authorized to execute a release in favour of the Province. Question being taken, the motion was carried. 9. Indiantown Neighbourhood Watch - Concern Re Fence At Robertson Square On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the report the City Manager advising that, further to Council's consideration on February 8, 1999 of a letter from Indiantown Neighbourhood Watch concerning a potentially dangerous situation in Robertson Square, staff has contacted the Saint John Port Corporation, the owner of the fence in question, and the Corporation indicated that repairs will be made quickly, and that staff will advise the Indiantown Neighbourhood Watch group that the repairs will be undertaken -- be received and filed. Question being taken, the motion was carried. 10. IdentifvinQ Land For Future Sale On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council (1) seek the concurrence of the Planning Advisory Committee for the sale of those lands currently designated as Land for Public Purposes as follows: 1 Angus Court (NBGIC Number 279299),2 Angus Court (NBGIC Number 55117600), and 1230 Manawagonish Road (NBIC Number 55022742); and, in the event the Planning Advisory Committee concurs with the sale of the subject lands, (2) deem the above parcels of land surplus to the needs of the City of Saint John; (3) authorize the subdivision of 1230 Manawagonish Road into two building lots; and (4) authorize staff to advertise for the purpose of soliciting proposals for the sale of the aforementioned properties and, upon receipt of proposals, report back to Council with the appropriate recommendations. Question being taken, the motion was carried. 87-381 COMMON COUNCIL FEBRUARY 22, 1999 11. Tender For Janitorial Services On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Maritime Custodian Services Ltd., in the amount of $3,695.99 per month, be accepted for the provision of janitorial services to the space occupied by the City of Saint John in the City Hall Complex, 15 Market Square, for a period of 24 months from the date of award by Council. Question being taken, the motion was carried. 12. Renovations - Rothesav Avenue On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Phase 1 renovations to the Rothesay Avenue Municipal Operations Complex be awarded to ICR General Contractors Ltd., in the amount of $27,772, plus tax, and staff be authorized to spend the funds necessary to complete this Phase of the project from the 1999 Capital Budget. Question being taken, the motion was carried. 12A. Concrete Versus Asphalt Sidewalks On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the report from the City Manager commenting on the issue of concrete versus asphalt sidewalks, staff at the February 1, 1999 Council meeting having been asked to prepare a report regarding the type of materials used in curb and sidewalk construction -- be received and filed. Councillor Chase asked that the above matter be tabled for one week so that he could complete his research in this regard. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with the Mayor voting "nay"'. 13. Municipal Plan Amendment Re Peninsula NeiQhbourhood Plan Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted request of the City of Saint John for the adoption of the Peninsula Neighbourhood Plan have been completed, and a written objection has been received from Eric L. Teed. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the proposed Municipal Plan amendment to adopt the Neighbourhood Peninsula Plan 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 29, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87 -382 COMMON COUNCIL FEBRUARY 22, 1999 14. Zoning By-law Amendment To Re- zone Land At Rear Of 18 Sussex Drive On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By- law Number C.P. 100-493 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 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-493 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. 15. 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 15, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council approve the submitted Classification Table and Salary Ranges for Managerial/Professional positions, effective January 1, 1999. 2. That as recommended by the City Manager, Common Council (1) decline the Offer of Purchase and Sale for the Water Street parking lot site (NBGIC Number 55011894, or portions thereof) as presented by Prudential Properties Specialists and Excel Real Estate Inc. on behalf of 508517 N.B. Ltd.; (2) advise 508517 N.B. Ltd. and its Brokers that the subject property is not for sale at this time; and (3) authorize the preparation of a subdivision plan for the purpose of defining the subject property and to facilitate the vesting of those portions of the site occupied by Water Street. February 22, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Classification Table And Salary Ranges For ManaQerial/Professional Positions On motion of Councillor Court Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. Councillor Chase spoke against the motion on the basis that the timing was wrong in view of the recent tax rate increase approved by Council and also that, based on his research, salaries in the private sector were significantly less for managers than those in the City's employ, and further that Council should wait for the report from the job classification review committee, on which he and Councillor Desmond sit, before deciding on salaries. 87 -383 COMMON COUNCIL FEBRUARY 22, 1999 Question being taken, the motion was carried with Councillor Chase voting "nay". 15.2. Re Water Street ParkinQ Lot On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 16. Saint John Parking Commission Re Request For Use Of ParkinQ Lots On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the report from the Saint John Parking Commission responding to Council's referral of January 11, 1999 of the Saint John Art Advisory Board's request for the use of two of parking locations during a Visual Arts Street Festival on May 1 to 9, 1999; and advising that the Commission does not have any problem supporting the request to use two of the Commission's parking locations on Canterbury Street under the conditions as set out herein -- be adopted. The Mayor advised that the City Manager may have to look into a few issues in the above regard. Question being taken, the motion was carried. 17. Greater Saint John Economic Development Commission. Inc. - Joint MeetinQ With Councils On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John), noting its obligation under its Letters Patent to present its annual report to a joint meetings of the Councils of the Municipalities of Greater Saint John, and advising that the joint meeting has been scheduled for Tuesday, March 30,1999 at 7:00 p.m. at a location yet to be determined, and further details will be forthcoming in the next two weeks -- be received and filed. Question being taken, the motion was carried. 18. E & P Holdings Ltd. - Re-Zoning Of Property At 91 Prince Edward Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of E & P Holdings Ltd. for the re-zoning of property at 91 Prince Edward 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 29, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87-384 COMMON COUNCIL FEBRUARY 22, 1999 19. Saint John Board Of Trade Re Nominee To Enterprise Saint John On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Trade recommending that Mr. Terry Trecartin be appointed to the Board of Directors of Enterprise Saint John for a three-year term commencing April 1, 1999, as the term of office for one of the Board's nominees, Mr. Bruce Dowd, will expire on March 31, 1999 -- be referred to the Nominating Committee. Question being taken, the motion was carried. 20. Saint John Youth Hockey Association Request For Arena OpeninQ April 9-11 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Youth Hockey Association advising of the Saint John Sports Plus Juvenile "A" Team's opportunity to host the Atlantics for the Juvenile "A" Division, and asking that Council look at keeping the Gorman Arena open so that this can be done during the weekend of April 9, 10 and 11, 1999 -- be referred to the City Manager for a report. Question being taken, the motion was carried. 21. First Westmorland Shopping Centres Limited Section 39 Amendment 450 Westmorland Road On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the application of First Westmorland Shopping Centres Limited for an amendment to the Section 39 conditions of re-zoning of 450 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation, and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 29, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk