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2002-02-18_Minutes 88-871 COMMON COUNCIL FEBRUARY 18, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of February, A.D. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; J. Bezanson, Heritage Planner; 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 offered the opening prayer. The Mayor expressed condolences to the families of the late George Jenkins and the late Dr. Harry Flood who passed away on February 15, 2002. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on February 11, 2002, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Text Amendment "SZ#6" Zone And Re-ZoninQ Of 185 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (i) a proposed Zoning By-law text amendment to add "special zones SZ#6" to the list of zones in Section 30(1) and to add as Section 740(6) its uses and standards, and (ii) the proposed re-zoning of a parcel of land located at 185 Loch Lomond Road (PID Numbers 316992, 55085823,55144836 and 55144943 - formerly PID Numbers 316703, 316992, 322248, 55029375 and 55085823), known as the Loch Lomond Villa complex, from "IL-1" Neighbourhood Institutional to "SZ#6" Special Zone #6, to permit portions of the existing building and site, including the Simonds Lions Club Room, auditorium, Loch Lomond Villa lobby area and an outdoor patio area, to be licenced as a club under the N.B. Liquor Control Act, as requested by Simonds Lions Club Inc., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and four letters in opposition to the proposal considered at the Committee's February 12, 2002 at which David Wetmore and David Trites, representing the Simonds Lions Club, spoke in favour of the proposal and indicated that the present process of obtaining special occasion permits was inconvenient and the ability to be licenced as a club would provide for a much smoother operation, and Manfred Quapp and Barry Bower, two residents of the adjacent residential neighbourhood, spoke against the proposal, describing problems with parking and noise with respect to the present mode of operation and expressing concern that granting of a permanent licence might result in an increase in such impacts; and recommending that the proposed Zoning By-law amendment be denied. 88-872 COMMON COUNCIL FEBRUARY 18, 2002 Manfred Quapp, appearing in opposition to the proposed amendment, advised that he lived right behind the Loch Lomond Villa and his opposition was because functions held at the complex, not so much now but in the summer, move out into the parking lot and the cars and so on, and the Villa should stay as a seniors' complex not be an entertainment complex, and also because of the possibility of gambling machines going into the complex. Barry Bower, addressing Council in opposition to the proposed amendment, advised that he lived across from the Loch Lomond Villa on Ellerdale Street, and was concerned that, once the property was re-zoned for a club licence, it was there forever and a huge casino could be there in the future as the re-zoning would open the complex for gambling machines and also would allow the sale of liquor at any time, and he did not think something like that should take place in a residence for senior citizens. Blair Wetmore, President of the Simonds Lions Club, spoke in support of the proposal to have a permanent liquor licence for the Club, not for the Loch Lomond Villa but to cover the auditorium and the multi-purpose room, also know as the Club's den, which are areas separate from the Loch Lomond Villa seniors' complex; and also advised that, since July 1, 2001, the Club has purchased 27 liquor licences for various functions and has had two complaints from neighbours which came only after the Club applied for a permanent licence, and the Liquor Board, the Fire Department, the Police Department, the Board of Health and the school across the street have no objections to the Club having a permanent licence, nor does the Board of Directors of the Loch Lomond Villa. Mr. Wetmore also advised that the Club would not be running an open bar as do other establishments, and has mainly special events such as weddings, anniversary and Christmas parties and the bar, which would be run by Lions Club members who are volunteers, would be open only when the Club had pre-booked functions, which usually happened on a Friday or a Saturday night and would close at 12:30 a.m., and further that there was ample parking and the Club has already been inspected on several occasions by the Liquor Board and passed without any problem. Mr. Wetmore expressed the view that there was no reason for Common Council not to approve the Club's application and grant it permission to proceed with its liquor licence. Mr. Wetmore, in response to the Mayor, advised that a considerable amount of time was spent in getting special licences and that, if Council approved the application, the only change would be that the Club would not have to get special licences as it would continue the way it was now as far as having functions was concerned. Steve Blanchard of 168 Millidge Avenue, spoke in support of the amendment on behalf of the Lions Club as a member and the Golden Gloves Amateur Boxing Club, the latter which he advised held all of its functions for boxing at the Lions Club, and confirmed that the only reason the Club applied for this was to get away from special licences and, as far as gambling machines, advised that the Club was willing to write in a stipulation that it would not have any gambling machines. Mr. Blanchard also advised that the Club, if it purchased for example $500 worth of liquor for a function and had $300 worth left over, had to take the latter back and a permanent licence would make it more convenient for the Club in having its functions; and gave examples of community service work done by the Lions Club. David Trites clarified that, with respect to the auditorium operation, the Simonds Lions Club rents the auditorium for the Villa which gets the money, and the Club gets the use of the auditorium, does the clean-up and looks after it, and all the profits, including tips from the bar, go back to the Club to be used for everything from the Diabetes Association to the Children's Hospital. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "Special Zone #6 - SZ#6", its uses and standards and re-zoning a parcel of land located at 185 Loch Lomond Road (PID Numbers 316992, 55085823, 55144836 and 55144943 - formerly PID Numbers 316703,316992,322248, 55029375 and 55085823), also known as the Loch Lomond Villa complex, from "IL-1" Neighbourhood Institutional to "SZ#6" Special Zone #6, be read a first time. 88-873 COMMON COUNCIL FEBRUARY 18, 2002 Councillor Trites expressed the view that this application would allow for a continuing practice while taking some of the paper work out of it, and Mr. Baird responded in the affirmative to his query as to whether or not Council could use Section 39 to limit the time and the type of events that could take place there. Councillor Trites advised that he could support first and second readings at this time, giving notice that some agreement would have to take place between the City and the Lions Club as to actual hours of operation and types of events and be brought back to Council before third reading. The Mayor noted the twenty-five to thirty years the Lions Club has operated the auditorium at the Loch Lomond Villa, and the Club's fund-raising events for public causes and charities, and suggested that the re-zoning would not mean that there would be any more events, or anything else, happening there. Question being taken, the motion was carried with Councillor Chase voting "nay". Read a first time the by-law entitled, "By-law Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John". Councillor Teed, on a point of order, asked the number of votes required to enact the amendment in view of it being contrary to the Planning Advisory Committee's recommendation, and Mr. Nugent advised that, on third reading by title, the majority of the entire Council, or six Council members, must vote in favour of the amendment. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "Special Zone #6 - SZ#6", its uses and standards, and re-zoning a parcel of land located at 185 Loch Lomond Road (PID Numbers 316992, 55085823, 55144836 and 55144943 - formerly PID Numbers 316703,316992,322248, 55029375 and 55085823), also known as the Loch Lomond Villa complex, from "IL-1" Neighbourhood Institutional to "SZ#6" Special Zone #6, be read a second time. Councillor Titus asked if Mr. Baird would talk to the Lions Club and residents about Section 39 conditions which, presumably, would help the proposal fit in with the community, noting the Planning staff conclusion in its report to the Committee and its recommendation that the situation be maintained by not approving the proposed amendment, and the Mayor indicated that Mr. Baird would have to prepare that in writing and have it before Council before third reading. Question being taken, the motion was carried with Councillor Chase voting "nay". Read a second time the by-law entitled, "By-law Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Text Amendment "SZ#7" Zone And Re-ZoninQ Of 10 Tim Street The Common Clerk advised that the necessary advertising was completed with regard to (i) a proposed Zoning By-law text amendment to add to Section 30(1) "special zones SZ#7" to the list of zones and to add as Section 740(7) its uses, conditions of use and standards, and (ii) the proposed re-zoning of a parcel of land located at 10 Tim Street (PID Numbers 298745 and 55055263), from "1-1" Light industrial to "SZ#7" Special Zone #7, to permit the establishment of an Italian social club, holding a club liquor licence under the N.B. Liquor Control Act, within the existing 88-874 COMMON COUNCIL FEBRUARY 18, 2002 building, in addition to all uses currently permitted on the property, as requested by Diesel Power Service Ltd., and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting copies of Planning staff's report and four letters in opposition to the proposal considered at the Committee's February 12, 2002 meeting at which there were no persons in attendance in this regard, and recommending that the proposed amendment to the Zoning By-law be denied. David Arseneau of 97 Lauder Court, appearing on behalf of the applicant in support of the proposal to establish a licenced club within the existing building at 10 Tim Street for an Italian social club, referred to the reference in the Planning staff report to a previous application to establish a lounge at this location on the basis that the proposal now before Council was for a social club for members and guests only, which would operate only in the evening and would be a good operation with the owner being a member of the Italian community and having a vested interest in it. Mr. Arseneau expressed disagreement with the indication in the Planning staff report that, while there have been situations where Common Council has approved exceptions to the separation requirements from churches, schools, residential areas and/or other drinking establishments, in this situation there was no physical separation of the subject site from the school and the nearby residential area, referring to photographs (copies of which were distributed to Council members at this time) to illustrate that (A) in regard to physical separation, (1) industrial uses exist on both sides of the subject property, an expanding commercial operation and a cleaning business are located across the street, as is the back of the school which has no accesses, and the subject property is separated from residential uses and the Three Mile Beverage Room by Marsh Creek, fences and other properties, (2) the entrance to the proposed establishment would be from the side of the building out of view of the school yard, and advised that the school was in the planning stages of an extensive landscaping project to buffer the schoolyard from Rothesay Avenue and the adjoining properties; and (3) Maggie's Craft business is located in the front of the building visible to the school and would not be part of the social club, and was anticipated to be a long-time tenant; and advised that, if Council so desired, the proposal could include landscaping and/or fences to further establish the physical separation and a restriction not allowing the club to occupy the front part of the building. With respect to Planning staff's indication that the area has remained fairly stable with no significant changes, Mr. Arseneau made the observation that (1) the subject area was on the fringe of the primary commercial area for the Saint John region, a growing commercial area that hopefully would continue to grow, (2) many of the properties in the vicinity of the proposal have undergone zoning changes, (3) Rothesay Avenue is being continually upgraded and receives more traffic every day, (4) the Three Mile has expanded more than once, (5) the adjacent industrial-use properties continue to handle large volumes of material, (6) a new car wash with a restaurant has been constructed nearby, and (7) there continues to be reports of possible changes at Exhibition Park; and expressed the view that it was obvious that this area has and will continue in the future to undergo a change in land use. Mr. Arseneau suggested that, if Council agreed with the information just related by him as to how the proposal is or can be buffered from other uses and in terms of change in the area, this matter should be referred back to City staff or the Planning Advisory Committee, and expressed the belief that this proposal, should it be approved by Council, with appropriate conditions, could be an enhancement to the area and visual screening, high-quality landscaping and other controls on the operation could result in a facility that would serve the Italian community of Saint John for years to come. Mr. Arseneau, in response to the Mayor's questions on the proposed operation, advised that the facility would be limited to signed-in members and guests and, at this point in time while the facility would be open on nights only with no interruption of the school in the daytime hours, the applicant has not yet determined the number of, or which, nights it would be open, and advised that there would be gambling machines, as well as pool tables and a dance floor. Councillor Court asked if consideration had been given to operating a licenced restaurant, which he understands would be a permitted use under the current zoning, to which Mr. Arseneau advised that, in 1993 there was a licenced restaurant and it did not go and, as to the nearest residence, noted that there were two houses just beyond the commercial cleaning business, on the corner of Simpson Drive and Golden Grove Road. 88-875 COMMON COUNCIL FEBRUARY 18, 2002 On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "Special Zone #7 - SZ#7", its uses, conditions of use and standards, and re- zoning the parcel of land located at 10 Tim Street (PID Numbers 298745 and 55055263), from "1-1" Light Industrial to "SZ#7" Special Zone #7, be read a first time. Mr. Baird, in response to Councillor Trites' questions on Section 39 conditions, indicated that hours of operation and the square-foot size of the operation could be limited, and noted that City staff, not the Liquor Licensing Board, would have to enforce the conditions; and expressed the view that, as for landscaping, the issue would be to keep vehicles and access in that area toward the school away from the school and residential uses, as well as to limit how people drive off the site. Councillor Trites asked that proposed Section 39 conditions be brought back to Council before third reading, and Councillor Fitzpatrick asked that Council be provided with the Saint John Police Force's concerns in this regard because of the proximity of the school. The Mayor suggested that there should be a restriction on age if there was to be video gambling machines, and Mr. Baird made the observation that the special zone was proposed because of the proximity of the property to schools and residential zones. In response to Councillor Court's comments about the similarity of this proposal to the proposal considered above for the Loch Lomond Villa complex, Mr. Baird noted that, in the latter instance, it would be a move away from occasional permits to a different manner of accommodating the same type of activity, while in this case a new activity would be introduced to the area and, although there was a licenced facility there in the past, staff drew the line between a licenced restaurant as being primarily a food operation and what is commonly referred to as a bar where the prominent activity is the consumption of alcohol. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "Special Zone #7 - SZ#7", its uses, conditions of use and standards, and re-zoning the parcel of land located at 10 Tim Street (PID Numbers 298745 and 55055263), from "1-1" Light Industrial to "SZ#7" Special Zone #7, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Mavor's Remarks - HeritaQe Awards Presentation Gaye Kapkin, Chair of the Preservation Review Board, was present at the meeting for the presentation of the annual Heritage Awards, and Mr. Bezanson presented slides of the heritage preservation projects completed in 2001 by people who are being recognized at this time for their outstanding contribution to heritage preservation in the City of Saint John, in the categories of residential, commercial and awareness scholarship, respectively, as follows: (1) Christopher and Janice Waldschutz for the sensitive rehabilitation of their home at 221 Germain Street; (2) the Canadian Bible Society for the sensitive rehabilitation of its storefront facade and interior at 117 Germain Street, and (3) the University of New Brunswick - Saint John for raising 88-876 COMMON COUNCIL FEBRUARY 18, 2002 awareness and developing professional expertise in heritage tourism through its Tourism and Hospitality Program offered through the Faculty of Business. Christopher and Janice Waldschutz, Gregory D. Patterson on behalf of the Canadian Bible Society, and Dr. Thomas Condon, Acting Vice President of UNB, and Shelley Rinehart, Dean of the Faculty of Business on behalf of UNBSJ, were present at the meeting and accepted the citations subsequently presented by Ms. Kapkin and Mayor McAlary The Mayor congratulated the Heritage Award recipients, and thanked the members of the Preservation Review Board for their efforts on behalf of the City. * Added Items On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the City Manager's recommendations on agenda items 34 and 35 and a nominee to a board of arbitration, as well as a report from the City Manager under agenda 36 concerning staff and departmental accomplishments, which were considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting as items 6A, 6B, 6C and 6D, respectively. Question being taken, the motion was carried. *6A. HV AC Costs - Market Square On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council accept a $200,000 rental credit from The Hardman Group in satisfaction for any overpayment for the years 1996-2000 in heating, ventilation and air conditioning costs (in-premise and common area) related to the public sector leases at Market Square for the Free Public Library, the Trade and Convention Centre and the Parking Garage, and further that Common Council agree, pursuant to the provisions of Section 2(d) of the January 1, 1991 agreement between the Owner, the Tenants and the City, that the allocation formula set out in the Market Square HVAC Allocation Study 991729 prepared by Fundy Engineering and Consulting Ltd. shall be applied effective February 1, 2000 in the determination of the City's share of HVAC costs with respect to public sector leases, and further that the Mayor and Common Clerk be authorized to execute an agreement with The Hardman Group to that effect. Question being taken, the motion was carried. *6B. ManaQement Pay Scale - Step Adjustments On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) the Council-approved management pay scale be increased by 2.75% effective January 1,2002, and (2) the incumbents occupying the following positions be moved up one step on the management pay scale as per the stated effective dates: Fire Chief - January 1, 2002, Commissioner of Community Services - January 1, 2002, Commissioner of Corporate Services and Commissioner of Finance - November 4, 2001, and Commissioner of Municipal Operations - March 1, 2002. Councillor Chase proposed a motion, which was not seconded, to table the above matter as the City Manager indicated he would provide some information on the Provincial and other municipalities' models of pay scales, and he would like to see that to weigh the City's current pay structure against it. Question being taken, the motion was carried. 88-877 COMMON COUNCIL FEBRUARY 18, 2002 *6C. Staff And Departmental Accomplishments Consideration was given to a report from the City Manager advising that, with respect to staff and departmental accomplishments, Cathy Graham, a long-serving employee of Corporate Services, has recently been notified that she has passed the national qualifying exams to earn a Certified General Accountant (CGA) designation, the Corporate Services Department has been featured in two articles by the National Quality Institute, as submitted, and the current edition of FORUM, Canada's National Municipal Affairs magazine, includes the submitted article entitled, "Water, Water, Everywhere", in which two professionals in the field, one of whom is Peter Hanlon, are featured. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Mayor, on behalf of Council, communicate congratulations to each of the above individuals, with a copy for file. Question being taken, the motion was carried. *6D. Appointment Of Nominee To Arbitration Board On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council appoint Gerald M. (Gary) Lawson as the employer's nominee to the board of arbitration with respect to the Local 771 grievance regarding time off in lieu of pay. Question being taken, the motion was carried. The Mayor proclaimed February 17 to 24, 2002 as Guide / Scout Week in the City of Saint John. 5. R. E. (Bob) Darling - Residential Infrastructure Assistance ProQram R. E. (Bob) Darling of Darling Construction appeared before Council, further to his request of February 4, 2002 to make a presentation on the City's Residential Infrastructure Assistance Program; and offered to respond to any questions, having previously submitted a brief, including a financial breakdown, referring to his current development in Westgate Park, and suggesting that the City, by following its 12- unit per limit to keep within its capital budget guidelines, could permit aggressive developers to build more than 12 homes per year without units over 12 being disqualified for the $4,000 assistance and pay up to 12 units each subsequent year; in other words, if a developer built on all 48 lots of a 48-lot subdivision, the City would pay for 12 lots per year over the next 4 years, and the developer would still have an incentive to build and finance the payments over 4 years for the City. Mr. Darling expressed the view that his suggestion would only enhance the City's Program The Mayor noted that Mr. Darling was part of the committee that set up the new Program last year through the Saint John Board of Trade and City staff, and Mr. Darling responded to questions in the above regard during which time he advised that he wanted permission to finish up his development quickly, not over two years, his understanding being that, on a subdivision-by-subdivision basis, his development was already approved, Council having made a commitment for the number of lots in the development, even if the Program funding came to a halt. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the proposal of R. E. (Bob) Darling of Darling Construction for an amendment to the Residential Infrastructure Assistance Program be referred to the City Manager. Question being taken, the motion was carried. 88-878 COMMON COUNCIL FEBRUARY 18, 2002 7. Operation Of Crane Mountain Landfill Read a letter from Mayor McAlary referring to Council's concern with the operation of the Crane Mountain landfill, her view being that, as the largest municipality involved, it falls upon the City to take whatever action is necessary to give it the assurance that it is being managed and operating in the best possible manner; and proposing that Common Council request The Honourable Minister of Environment and Local Government of the Province of New Brunswick to immediately undertake a full operational review of the Crane Mountain landfill site, and further that the other mayors and members of councils prepare the same resolution at their meetings. On motion of Councillor Teed Seconded by Councillor Court RESOLVED that Council request The Honourable Minister of Environment and Local Government of the Province of New Brunswick to immediately undertake a full operational review of the Crane Mountain landfill site, and further that the other mayors and members of councils be requested prepare the same resolution at their meetings. During discussion Councillor Trites advised that, while he supported the concept of the motion, he would like Council to delay the request in an effort to get that into a request from the four municipalities jointly, as there would be more strength moving in unison with the neighbouring municipalities, and also that he would like staff to comment and provide some supporting documentation for this request, and Mr. Totten made the observation that, under the legislation for the landfill, the Minister has certain powers, one of which is not an operational review, although the Minister subject to measuring certain criteria does have the option to appoint a trustee to step in and run the operation, in essence, disbanding a commission which, clearly, would be a very significant step for a Minister to take; and suggested that, as at this point he would think that the Minister would be very reluctant to do that, it would be appropriate to see if there are other concerns expressed by participating municipalities and, perhaps, the private sector and, if so, the question would then be one of the community and the stakeholders being prepared to write to the Minister on the basis of their belief that the Commission was not operating effectively at which time the Minister would have her staff do a review to verify that and she would make a decision. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the referral motion was carried. 8. Recruitment StrateQV At UNBSJ Consideration was given to a letter from Councillor Teed advising that he has learned that Dr. John McLaughlin has been nominated as the next President of UNB and believes that maintaining the connection between the UNB Fredericton Campus and the UNBSJ Campus is the best way to go, and also that UNB has a dedicated Ontario recruitment strategy and there will be a substantial number of new high school graduates in 2002 looking for university space outside Ontario due to the phase out of Grade 13 in Ontario; and proposing, in view of the importance of UNBSJ to this community both from an educational and economic concept, that (1) a letter of congratulations be forwarded to Dr. McLaughlin on his nomination to the office of UNB President, and assuring him that the City of Saint John will look forward to the continued development of the UNBSJ campus under his direction, (2) inquiries be made to ascertain what Ontario recruitment strategy will be in effect respecting UNBSJ, and (3) the Saint John Board of Trade be urged to take prompt action to institute a study into the question of how a greater influx of students from Ontario can be encouraged. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that a letter of congratulations be forwarded to Dr. McLaughlin on his nomination to the office of UNB President, and 88-879 COMMON COUNCIL FEBRUARY 18, 2002 assuring him that the City of Saint John will look forward to the continued development of the UNBSJ campus under his direction. Question being taken, the motion was carried. Councillor Teed proposed a motion, which was not seconded, that inquiries be made to ascertain what Ontario recruitment strategy will be in effect respecting UNBSJ, as well as a subsequent motion, which was not seconded that the Saint John Board of Trade be urged to take prompt action to institute a study into the question of how a greater influx of students from Ontario can be encouraged. 9. Westmorland HeiQhts NeiQhbourhood Watch ProQram On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Teed advising of his concern to learn of the resignation of all eight members of the Westmorland Heights Neighbourhood Watch Program which has been in operation for eleven years, and proposing that the Board of Police Commissioners be requested to inform Council when it became aware of this situation, what steps if any were taken to prevent or resolve it, what has taken place since and if the area now has a Neighbourhood Watch, be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 10. Representation On UNB Board Of Governors Consideration was given to a letter from Councillor Teed advising that the University of New Brunswick is now operated by a Board of Governors appointed by the Government or elected by related organizations and, in addition, the Mayor of Fredericton and the Mayor of Saint John are ex-officio members; also advising that a review of attendance records of the members of the Board of Governors emphasizes the fact that, for more than a decade, the Mayors of Saint John have been marked by their general absence from meetings. On motion of Councillor Desmond Seconded by Councillor Teed RESOLVED that the Provincial Government be requested to amend the University of New Brunswick Act to provide the Mayor of Saint John and, in the Mayor's absence, an alternative representative from the City, to be the representative from the City at meetings of the Board of Governors thereby better ensuring that the City has a representative voice at all meetings of the Board. The Mayor suggested that it should be up to the Mayor of the City to find someone to attend Board meetings in her absence, and Councillor Teed advised that the statute provided for the Mayor and only the Mayor to be on the Board. Question being taken, the motion was carried with the Mayor and Councillor Trites voting "nay". 11. Remuneration For Non-Council Members Of Board Of Police Commissioners Read a letter from Councillor Teed citing sections of the Police Act relevant to remuneration for non-Council members and any Councillors who are members of the Board of Police Commissioners on the basis that it appears that the real intent of the Act has been overlooked in that a budget sum for payment of $1,500 per year for every member of the Commission and $3,500 for the Chairman of the Board has been placed in the Police budget; advising that the Mayor's decision to not take any remuneration from the Board does not assist the City as the money is already in the Police budget; and suggesting that, in order to rectify this, it is necessary to revise the Board of Police Commissioners' budget by deleting from it the allotted amount for remuneration and transferring it to the City budget as the City is required by law to make payment whereas the Board has no authority to do so; and proposing that the City budget be revised by deleting the amount placed in the Police budget for payment to 88-880 COMMON COUNCIL FEBRUARY 18, 2002 Board members and such amount be transferred to the City budget, with the Commissioner of Finance being instructed to pay the appropriate amounts to those members of the Board of Police Commissioners who are not members of Council. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Solicitor for comment. Question being taken, the motion was carried. 12. Establishment Of ReQional Roads Commission Consideration was given to a letter from Councillor Chase expressing the view that there should be compensation to the City coffers for the use of City resources by non-residential users and, as opening up the debate on amalgamation or a poll tax would only create animosity at a time when the communities should be working together as a region for prosperity, a mechanism, following the already-established model of regional cooperation such as the Community Economic Development Agency and Regional Facilities Commission, exists in which non-residential users of City resources can compensate the City's budget, and a regional commission could be established for road maintenance; outlining the following average daily traffic counts taken by the Province of New Brunswick, representing the number of vehicles travelling into the City from outlying areas; and proposing that Council refer this matter to the Mayor's Committee on New Ways of Doing Business. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Mayor's Committee on New Ways of Doing Business. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that agenda items 22 and 28 be brought forward for consideration at this time. Question being taken, the motion was carried. 22. PlanninQ Advisorv Committee - Subdivision Ann Street East Consideration was given to a report from the Planning Advisory Committee recommending that Common Council assent to a subdivision plan for the submitted photo-reduced tentative plan of subdivision for 39-40 Ann Street East, consisting of two new lots and a municipal services easement. 28. Glenn L. Russell - Ann Street East Subdivision Consideration was also given to a letter from Glenn L. Russell registering his objection to a decision that was taken by the Planning Advisory Committee in regard to a tentative subdivision plan at 39-40 Ann Street East, and submitting a copy of his letter to the Committee in this regard. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Common Council not assent to the submitted photo-reduced tentative subdivision plan for 39-40 Ann Street East. Councillor Trites, having proposed the above motion, referenced the Planning staff report submitted as part of the Committee's report to Council, noting that Planning staff recommended that the creation of this subdivision be denied. 88-881 COMMON COUNCIL FEBRUARY 18, 2002 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the report from the Planning Advisory Committee and the letter from Glenn L. Russell in the above regard be received and filed. Question being taken, the motion was carried. 13. Minimum Property Standards On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager detailing the current level of enforcement, a well as the criteria used to determine which buildings are inspected, further to Dominick Eden's presentation to Council on February 4, 2002 during which time he stressed the need for increased resources in the Building Inspector's Office and increased efforts in enforcement of minimum standards; and advising that, generally, there are four to six prosecutions each year under the Minimum Property Standards By-law and, as Council is also aware, efforts are being made by staff and Council to have the Province amend or enact new legislation which will significantly empower the municipality in terms of obtaining compliance, be received and filed and a copy be forwarded to the Minister of Local Government and Environment and to Mr. Eden. Councillor Fitzpatrick proposed an amendment to the above motion to refer the report to the Minister of Environment and Local Government as well, and the Mayor indicated in the affirmative that this could be done and suggested that, so as to ensure that Mr. Eden understands that Council is concerned with the issues he presented to Council, a copy of the above report should be referred to him. Question being taken, the motion was carried. 14. Contract For Animal Control Services On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, a contract for animal control services be awarded to the Animal Rescue League on the basis of $115,000 plus HST per year for a two-year period from March 1, 2002 to February 29, 2004, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Barrier-Free Access To City Hall & Plaza On motion of Councillor Desmond Seconded by Councillor Teed RESOLVED that the report from the City Manager advising that, further to questions raised at the February 4, 2002 Council meeting related to barrier-free access to the City Hall premises and plaza, staff conducted a review of the various entrances to the City Hall building and plaza and held discussions with the representatives of the building owner and with persons who use wheelchairs, and concluded that there are opportunities to improve accessibility to the City Hall complex and immediate steps will be taken to provide increased signage and staff will have discussions with the building owner and the Bank of Montreal respecting improved access to the building, be received and filed. Question being taken, the motion was carried. 88-882 COMMON COUNCIL FEBRUARY 18, 2002 16. Easement Acquisition - Wallace Court Read a report from the City Manager advising that a parcel of land adjacent to the Saint John Throughway behind Wallace Court that houses storm and sanitary sewer infrastructure which services Wallace Court and a portion of Sand Cove Road is, as advised by the Department of Transportation, scheduled to be deemed surplus to the Province's needs and subsequently sold publicly, and the Province has agreed to grant the necessary easement at the unit price of $3.75 per square metre, and a tentative price of $2,850 has been negotiated on this basis. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, (1) the City of Saint John purchase a 760 square metre :t municipal services easement through a portion of PID 55032379, adjacent to the Saint John Throughway behind Wallace Court, from the Province of New Brunswick, for the unit price of $3.75 per square metre (plus HST if necessary), (2) the City pay its proportionate share of survey costs, and (3) Common Council assent to a 760 square metre :t municipal services easement in a portion of PID 55032379. Question being taken, the motion was carried. 17. Land Donation To City - 333 Gault Road Consideration was given to a report from the City Manager advising that Sandra Rapley, acting on behalf of her mother Roberta Shaw, approached the City regarding the likelihood of the City accepting as a gift a parcel of land located at 333 Gault Road, which is anticipated will garner the appraised value of $8,500 in the market, and the total costs incurred by the City to acquire this land would be less than $1,000, and it could be deemed surplus to the City's needs in conjunction with the next proposal call in the fall of 2002. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John accept the gift of the fee simple title to PI D 414110 (333 Gault Road) from Roberta M. Shaw and, in consideration, the City of Saint John will (1) issue an official municipal donation receipt for income tax purposes to Roberta M. Shaw for the appraisal value of $8,500 upon finalization of the transaction, and (2) pay up to $300 for legal fees and disbursements that may be incurred by Roberta M. Shaw to finalize this transaction, and (3) pay the 2002 real property tax levy for PI D 414110. Question being taken, the motion was carried. 18. Appointment Of Standards Officer & Standards Inspectors Read a report from the City Manager advising that, although the Building Inspector is currently appointed a Standards Officer and there are seven Standards Inspectors, staff changes in the past few years require an update of the appointments; and recommending that Common Council appoint an additional Standards Officer and three additional Standards Inspectors by adopting the submitted resolution. Mr. Edwards advised that, if Council agreed to adopt the resolution, the first section of it should be changed to indicate that Amy Poffenroth is hereby appointed as a Standards Officer, rather than Standards Officer, as he is also appointed as a Standards Officer, thus there would be more than one. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that pursuant to section 5 of the Minimum Property Standards By-law and in accordance with the recommendation of the City Manager, Amy Poffenroth is hereby appointed as a Standards Officer, this appointment shall continue for so long as she is employed by the City of Saint John in its 88-883 COMMON COUNCIL FEBRUARY 18, 2002 Buildings and Inspection Services Department or until the appointment is cancelled by Common Council: AND FURTHER RESOLVED that pursuant to section 5 of the Minimum Property Standards By-law and in accordance with the recommendation of the City Manager, Lorraine Denton, Mark Slader and Patrick McCarthy are hereby appointed as Standards Inspectors, each appointment shall continue for so long as the person is employed by the City of Saint John in its Buildings and Inspection Services Department or until the appointment is cancelled by Common Council: AND FURTHER RESOLVED that the appointments of Brian Shanks and Robert Burnett as Standards Inspectors are hereby cancelled as they are no longer employed by the City. Question being taken, the motion was carried. 19. AmendinQ Resolution - 148 Busbv Street Read a report from the City Manager advising the need to amend the Common Council resolution authorizing the purchase of 148 Busby Street as, while it required the transaction to close on or before December 31, 2001, it did not as the subdivision plan was not filed in the Saint John Registry Office. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of September 10, 2001 (amended October 22,2001) authorizing the purchase of land from Mr. and Mrs. Ouellette at 148 Busby Street by deleting "December 31, 2001" and inserting in its place "May 31,2002", with all other aspects of the resolution to remain the same. Question being taken, the motion was carried. 20. Amendment To Agreement For Connector Road - Majors Brook Drive Consideration was given to a report from the City Manager advising that Majors Brook Drive, the road constructed by First Westmorland Shopping Centres Ltd. in accordance with an agreement with the City and the Exhibition Association, is substantially completed and open to traffic, with the final paving, sidewalks and a number of small items remaining and to be completed early in the spring at an estimated amount of $163,500 (plus contingency), and First Westmorland has requested a partial payment and, although the agreement did not provide for partial or any payment until the work is completed or did not anticipate any reduction in security, the agreement requires the City and the Association to pay $175,000 each when the road is completed and, given this $350,000 will not be paid until the remaining work is completed, release of the $437,120 security could be considered which would require an amendment to the agreement; and also advising that the developer managed to complete the road to the point where it is now usable and the payments to the developer are more than twice the value of the work remaining; and recommending release of the Letter of Credit. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the agreement between First Westmorland Shopping Centres Ltd., the City and the Exhibition Association, dated September 20, 2001, be amended to permit the security in the amount of $437,120.25, being a Letter of Credit #9000203-30, dated July 28, 2000, be released; and (2) the Mayor and Common Clerk be authorized to execute the necessary amendment to the agreement. Councillor Desmond proposed an amendment to the motion, which was seconded by Councillor Teed and subsequently withdrawn with the consent of the mover and seconder, that the above amount be reduced to $100,000, Mr. Totten having advised that staff was confident that, with the money left that the City and the Exhibition 88-884 COMMON COUNCIL FEBRUARY 18, 2002 Association are to contribute to this project, there is more than enough to meet what the engineers have indicated is required to complete the job. Question being taken, the motion was carried. 21. 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 11, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendations, namely: 1. That Mike Cavanagh of Mike Cavanagh Homes Inc. be advised that Council is not interested in selling PI D 414342 in the Greendale area currently designated as land for public purposes. 2. That as recommended by the City Manager, (1) the City of Saint John subdivide and sell, subject to re-zoning to "RI-B", the fee simple interest in a 23-acre more or less portion of PID 51771 located at the end of Woodward Avenue, as generally shown on the submitted plan, to Mike Cavanagh Homes Inc., for $1,540 per acre (plus HST, if applicable), on or before September 5,2002; (2) Common Council authorize Mike Cavanagh Homes Inc. to make an application to re-zone the subject portion of PID 51771; (3) the Mayor and Common Clerk be authorized to execute the transfer and related documents; and (4) Mike Cavanagh of Mike Cavanagh Homes Inc. be advised that the City of Saint John is not explicitly or implicitly obligated to approve the re-zoning. February 18, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Request To Purchase Land In Greendale On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 21.2. Sale Of Property - Woodward Avenue On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 23. Board Of Police Commissioners - Commissioners' Allowances On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Police Commissioners advising that the Commission, at its February 5, 2002 meeting, adopted a resolution that Commissioners allowances no longer be 88-885 COMMON COUNCIL FEBRUARY 18, 2002 forwarded to Councillor Court, at his request, and be kept for the operation of the Saint John Police Force, be received and filed. Question being taken, the motion was carried. 24. Daniel C. Griffin - Water Rates On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Daniel C. Griffin commenting on the City's recent decision to increase water rates, be received and filed. Question being taken, the motion was carried. 25. Everett J. Calvin - Fundy Region Solid Waste Commission's 2002 BudQet On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Everett J. Calvin, a Grand Bay-Westfield Commissioner on the Fundy Region Solid Waste Commission, advising that, on reviewing the demand by the City of Saint John representative's on the Commission to cut the Commission's proposed 2002 budget by $773,000 to get the City's approval, he is personally left with only three alternatives: (1) to eliminate the recycling and composting programs, (2) to reduce the operating budget of the cell or landfill portion by 35%, or (3) to continue to operate with the present tipping fee until Council does approve a budget; and asking that, if there are other alternatives, to let him know, be received and filed and a copy be forwarded to The Honourable Kim Jardine, Minister of Environment and Local Government. Question being taken, the motion was carried. 26. Seniors' Resource Centre - Transit Service On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Seniors' Resource Centre thanking Council for its support to Saint John Transit, the bus schedules and its related budget concerns, and submitting a copy of its letter of appreciation to the Transit Commission staff, be received and filed. Question being taken, the motion was carried. 27. Uptown Saint John Inc. I Board Of Trade ReroutinQ Of Truck Traffic On Water Street On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the joint letter from the General Managers of Uptown Saint John Inc. and the Saint John Board of Trade recommending that, as the next step in the combined progress of waterfront development, from May to October 2002 the City of Saint John reroute through traffic between Water, Broad and Crown Streets and the Causeway, to City Road, with the exception to truck traffic to the Port, to provide much greater safety to pedestrians from the many cruise ships, festivals, events and conventions that take place in the Uptown, and also assist in supporting a more compatible atmosphere with residential and business development of Trinity Royal within the Business Improvement Area, be referred to the City Manager. Question being taken, the motion was carried. 88-886 COMMON COUNCIL FEBRUARY 18, 2002 29. Multicultural Association Of Saint John - Mav 18 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Multicultural Association of Saint John, Inc. setting out a possible program of events for May 18, 2002 which marks several important anniversaries, including the founding of the Province with the arrival of the Loyalists in 1783 (Provincial Loyalist Day), the creation of the City of Saint John, and the 200th anniversary of the 1 st Masonic Lodge in New Brunswick, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Common Council in open session would be held on March 4, 2002, and the meeting adjourned. Common Clerk