As per City Clerk Department:

“In the briefing books that should have been provided to new councilors elected in 2009 and 2013 was the 2005 FOI by-law noted as a by-law of Council.”

Response: No briefing books exist and follow-up was made with Archives and no records exist there as well.

As per Section 28 ( c ) of the ATIPPA Act, Private meeting minutes will not be included with this request.

Local public body confidences 28. (1) The head of a local public body may refuse to disclose to an applicant information that would reveal (a) a draft of a resolution, by-law or other legal instrument by which the local public body acts; (b) a draft of a private Bill; or (c) the substance of deliberations of a meeting of its elected officials or governing body or a committee of its elected officials or governing body, where an Act authorizes the holding of a meeting in the absence of the public. (2) Subsection (1) does not apply where (a) the draft of a resolution, by-law or other legal instrument, a private Bill or the subject matter of deliberations has been considered, other than incidentally, in a meeting open to the public; or (b) the information referred to in subsection (1) is in a record that has been in existence for 15 years or more. 2015 cA-1.2 s28

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Adoption of Minutes

SJMC2009-03-17/150R It was decided on motion of Councillor Hickman; seconded by Councillor Hann: That the Minutes of the March 9th, 2009 meeting be adopted as presented.

Business Arising

Proposed Text Amendment St. John’s Development Regulations, Eating Establishments

Under business arising, Council considered a memorandum dated March 10th, 2009 from the Director of Planning regarding the above noted.

SJMC2009-03-17/151 It was moved by Councillor Colbert; seconded by Councillor Coombs: That the following Resolution for the St. John’s Development Regulations Amendment number 452, 2009 be adopted, which will then be referred to the Department of Municipal Affairs with a request for Provincial registration in accordance with the requirements of the Urban and Rural Planning Act:

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 452, 2009

WHEREAS the City of St. John’s wishes to modify the provisions of the St. John’s Development Regulations respecting “Eating Establishments”.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following text amendment to the St. John’s Development Regulations, pursuant to the provisions of the Urban and Rural Planning Act:

Repeal Section 7.22 (“Taverns and Eating Establishments”) and substitute the following new section.

“7.22 Taverns and Eating Establishments

(1) No Tavern shall be permitted within 50 metres of the Newfoundland War Memorial; (2) No Tavern or Eating Establishment shall be permitted on the property situate between Airport Road and Portugal Cove Road which property was the subject of St. John’s Development Regulations Amendment Number 325, 2004; (3) An application for a Tavern shall be processed as a Discretionary Use where a Tavern is proposed to be located within 150 metres of a Church, a School or a Residential Zone; and (4) An application for an outdoor eating area and/or a drive-thru associated with

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an Eating Establishment shall be processed as a Discretionary Use where the Eating Establishment is located within 150 metres of a Church, a School or a Residential Zone.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirement of the Urban and Rural Planning Act.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of the City of St. John’s this 17th day of March, 2009.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act. Mayor

Acting City Clerk

MCIP stamp and signature Provincial Registration

The motion being put was unanimously carried.

Notices Published

1. A Discretionary Use Application has been submitted by Brian Mullowney requesting permission to construct one (1) Infill Housing Unit at Civic No. 151 Pleasant Street. The proposed unit will attach to the east side of the existing dwelling. One (1) additional on-site parking space will be created from this development. (Ward 2)

(This application has been withdrawn) Letter from Mr. Brian Mullowney, March 9, 2009

2. A Variance of Nonconformity Application has been submitted by Advanced Auto Works and Detail Centre requesting permission to construct a 30 m2 (320 ft2 ) building to the north side of the subject property at Civic Number 413 Bay Bulls Road. The purpose of the extension is to accommodate office and storage use. (Ward 5)

SJMC2009-03-17/152R It was decided on motion of Councillor Collins; seconded by Councillor Puddister: That the application be approved.

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Development Committee Report dated March 10th, 2009

Council considered the following Development Committee Report dated March 10th, 2009:

RECOMMENDATION OF REJECTION:

1. Proposed Residential Dwelling Mr. James Whitten Civic No. 62-92 King’s Hill Road Town of Portugal Cove-St. Philips Broad Cove River Watershed

The Development Committee recommends that Council reject the above noted application pursuant to Section 104(4)(d) of the City of St. John’s Act.

Art Cheeseman, Chairperson Associate Commissioner/Director of Engineering

SJMC2009-03-17/153R It was decided on motion of Councillor Hann; seconded by Councillor Hanlon: That the Committee’s recommendation of rejection be approved.

Audit Committee Report dated March 3rd , 2009

Council considered the following Audit Committee Report dated March 3rd, 2009:

In Attendance: Councillor Debbie Hanlon, Chairperson Councillor Shannie Duff Councillor Tom Hann Councillor Art Puddister Mr. Ron Penney, Chief Commissioner & City Solicitor Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Kevin Breen, Director of Human Resources Mr. Carl Keeping, Manager of Budgetary Services Ms. Diane Winsor, Manager of Employee Relations Mr. Jason Silver, City Internal Auditor Mr. Sean Janes, Auditor I Ms. Kelly Butler, Recording Secretary

1. Internal Audit Report – Department of Human Resources – Follow Up: Leave Management Program (Assignment No. 08-04) The Committee considered the attached report and reviewed a presentation by Mr. Silver which highlighted the report’s main points.

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Mr. Silver advised that the initial review was completed in May 2006. At that time, a number of recommendations were made to management. The purpose of the follow up report is to ascertain if the risks previously identified have been adequately addressed. The two main areas of the review and their recommendations are noted below:

1.1 Employee Leave Policies 1.1.1 Communication of Policies

Recommendation 1.1 The leave management program should be continued and adapted over time to address or focus on specific issues that may arise relating to leave and leave management. As a part of this program, information sessions, like the ones held in the past, should be conducted on a regular basis to ensure managers and supervisors are educated on the most recent leave policies. In addition, we suggest that once the department has the ability to capture cost and further detail with the planned implementation of new software that these sessions should include that detail to inform the various divisions.

We would also suggest that incidents where employees forfeit annual leave should be identified with the reason for this forfeiture evaluated on a case by case basis to ensure risk to the City is minimized.

2.1 Leave Statistics 2.1.1 Sick Leave Trends 2.1.2 System Limitations 2.1.3 Workers Compensation Results

Recommendation 2.1

We recommend that the Human Resources Department continue to compile, analyze, interpret and report information on leave across the City. The interpretation of the results to assist in refocusing efforts will be key to maintaining and possibly improving program effectiveness.

Mr. Silver advised that management has reviewed the report and agrees with the recommendations made.

A brief discussion ensued regarding the issue of employees forfeiting annual leave, with it being noted that employees are only permitted to carry twice their annual leave allotment. If there is any leave in excess of that amount, arrangements should be made with employee’s supervisor to take the leave as soon as possible so that it is not forfeited. Directors are allowed to carry over their annual leave with no maximum because it is oftentimes difficult for Directors to take the annual leave they are entitled to. With respect to the issue of sick leave trends, the City’s sick leave figures are relatively consistent with its comparators, however, the figures for 2007 indicated that sick leave increased from the

- 6 - 2009-03-17 previous years. The Director of Human Resources noted that in 2007, leave figures indicated that leave for the Management Group appeared to increase. He noted that there were a couple of employees within that group who had to deal with serious health issues, and this skewed the statistics. Overall, management sick leave is fairly low.

Following the discussion, the Committee recommended:

That the attached report and its recommendations on the City’s Leave Management Program be adopted as presented.

2. Internal Audit Report – Department of Finance – Program Review: Budget Process (Assignment No. 09-01) The Committee considered the attached report and reviewed a presentation by Mr. Silver which highlighted the report’s main points.

Mr. Silver advised that the review entailed research on the current budgetary process and on the Government Finance Officers Association (GFOA) budget best practices. Most of the research into the current budgetary process was based on examination of the City’s 2009 budget process and was conducted through direct observation, review of budget documents and interviews with key stakeholders that were directly involved in the process in order to help identify key inputs and outputs of the budget process and to assess each for relative importance, risk and for effectiveness as part of the City’s overall fiscal management framework. The report’s recommendations are as follows:

Recommendation #1 While the City’s budget process is well understood by most and clearly laid out through the Fiscal & Service Strategy and the annual Operating Budget Guidelines, turnover in both staff and Council can result in some individuals not understanding the process or some components of the process. As a part of the City’s ERP implementation system, training is planned to show everyone involved in the process how to use the new software being implemented. As a part of this training, the elements of the budget process and the key controls over the budget process should be re-communicated to all involved in the process. In addition, any changes in the process should be clearly outlined to ensure that the budget is prepared on a consistent basis and that everyone involved in the budget preparation and approval process is aware of their roles and responsibilities. Consideration could also be given to holding similar sessions on a regular, recurring basis (i.e. every few years).

Recommendation #2 Consideration should be given to adapting the current modified zero-based budgeting process in order to allow for the regular review by Council and the Senior Management Team of all service levels, including those approved by Council in prior years. This review should also focus on evaluating whether service levels are being broken down into sufficient detail to show the impact of Council decisions on the City’s operations and to help focus the decision-making process. This would

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likely lead to an improved understanding of both the budget and operations on the part of Council, while also allowing for the adaptation of the identified priorities of taxpayers if or when they occur. If resources are not available to review all programs on an annual basis, consideration could be given to conducting a more in depth review of service levels on a rotating basis, so that all programs would be reviewed within a predetermined time period. In addition to reviewing all service levels, different options, along with their implications on the City’s operations and budget could be presented and discussed as a part of these regular service level reviews, again enhancing the understanding of the City’s operations by all involved.

Recommendation #3 To help focus Council deliberations on the annual budget, the ranking process should be altered to provide some separation between manageable and unavoidable costs. Unavoidable costs could be contractual or statutory in nature and really do not need to be discussed at this point in the budget process. This would allow the decision making process to focus on service levels where discretion is available on whether to provide them or at what level they should be provided. It should be noted that some costs are unavoidable in the short term (i.e. in the next year) but are management in the long term. These could be discussed during the more detailed review of service levels (per Recommendation #2) as opposed to during the deliberations on the final ranking as provided by staff to Council.

Recommendation #4 Time should be allocated during the budget deliberation process to discuss the long- term revenue and expenditure projections, along with the impact current budgetary decisions will have on these projections. This would help connect the budget deliberations to the City’s long-term strategic plans, building on elements already present in the City’s current budgetary process.

Recommendation #5 Budgetary controls, such as performance measurement and variance analysis could be enhanced by holding an annual budget performance review whereby Council and the City’s Senior Management Team would review explanations for significant budget variances along with performance measures for all departments and divisions of the City to evaluate whether goals and objectives are being met with the planned spending levels. This review session would be held just prior to the commencement of the budget process for the following year to help provide a better understanding of City operations before embarking on the decision making process for the upcoming year. Reporting could also be provided to the public as part of the City’s new public consultation process to enhance taxpayer understanding of the City’s operations and its budget process and to enhance transparency and accountability. It should be noted that these elements are already either present or being developed as part of the current budget system, but combining them into either one or a short series of review sessions would help bring all elements of the big picture together for management, Councillors and the public.

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Management’s response to each of these recommendations is outlined in the report.

Discussion ensued regarding the public consultation process for the budget, with it being noted that the difficulty with public consultations is that it oftentimes results in gathering only the needs of a select few taxpayers or interest groups, which does not necessarily reflect the needs of the general public overall. The Director of Finance noted that he has participated in some sessions on public consultations through the GFOA, and the experience has provided some ideas to work with in order to enhance the City’s public consultation process and get a broader base of consultations and information. Councillor Hann noted that citizens have a right to provide their opinions on the City’s budget and should be given the opportunity to do so, whether they are private citizens or members of special interest groups.

Mr. Healy noted that a report on the Budget Process was brought to the Committee last year, and he inquired if the Internal Auditor could provide some comment on the different approach used for this report versus that of the earlier report. Mr. Silver noted that his report is based on the use of GFOA best practices, making comparisons with these practices and the City’s own budget practices to determine if there are any areas of concern. A conclusion was then reached and recommendations made based on the comparison. The approach of the initial review mainly focused on the opinions of staff, management and Councillors across the City on the budget process

Following the discussion, the Committee recommended:

That the attached report and its recommendations on the Budget Process be adopted as presented.

3. Attendance of City Internal Auditor at Meetings Mr. Silver noted that he would like to receive notification of all Committee and Council meetings and agendas for same. This will enable him to determine if there is a need to attend a meeting to discuss or address a specific issue.

The Committee agreed that the City Internal Auditor be provided with meeting notifications and agendas for all Council meetings and Committee meetings.

Councillor Debbie Hanlon Chairperson

SJMC2009-03-17/154R It was moved by Councillor Hanlon; seconded by Councillor Hann: That the Committee’s recommendations be approved.

Councillor Galgay referenced page 4 of the report, noting that there was a decision concerning the consultation process of having the general public and special interest groups

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NANCY DAY HOWARD 202 WATER ST, GINGERSNAP CR RETAIL STORE ULTRAMAR LTD 108 GEORGE ST W RN CAR WASHING ESTABLISHMENT BILLARD INSURANCE AGENCY LTD. 391-395 EMPIRE AVE CR OFFICE SUPERIOR OFF. INTERIORS LTD. 219-221 NEW GOWER ST RN RETAIL STORE NEWFOUNDLAND STRUCTURES INC. 8-10 ROWAN ST CR OFFICE RICK DAVIS 10 STAVANGER DR EX RETAIL STORE PODIATRY ASSOC, INC. 40 ABERDEEN AVE, SUITE 102 TI CLINIC G J CAHILL & COMPANY 235 WATER ST RN BANK REGAL REALTY LIMITED WATER STREET-BECKS COVE RN HOTEL JOHN HEARN ARCHITECT INC 120 STAVANGER DRIVE NC RETAIL STORE

THIS WEEK $ 4,202,700.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

CLASS: RESIDENTIAL

GRAHAM & DEBRA MUGFORD 89 BRAD GUSHUE CRES, LOT 5-153 NC SINGLE DETACHED DWELLING STAN MACINTYRE 61 LARKHALL ST NC PATIO DECK PERHAM HOMES LTD 26 PETITE FORTE DR, LOT 312 NC SINGLE DETACHED DWELLING MICHAEL & CHRISTINA EDWARDS 11 PLOVER ST NC ACCESSORY BUILDING DAVID BADRUDIN/LINDSAY MILLS 185 WATERFORD BRIDGE RD NC ACCESSORY BUILDING RESHELLE ADAMS 78 MACBETH DR CO HOME OFFICE KEVIN C LEWIS & KEVIN J LEWIS 27 NEPTUNE RD CR SUBSIDIARY APARTMENT TONY & LYNN BISHOP 25 NEWTOWN RD CR SINGLE DETACHED DWELLING CALVIN CANNING 8 POLINA RD CR SUBSIDIARY APARTMENT CLEMENT TREMBLETT 174 GROVES RD EX ACCESSORY BUILDING DONALD CLEARY SAVANNAH PARK DR EX SINGLE DETACHED DWELLING ROSEMARY BOYD 15 ANDERSON AVE RN SINGLE DETACHED DWELLING RICHARD A. & ELSIE RYDER 44 BATTERY RD RN SINGLE DETACHED DWELLING AUSTIN K. B. CANNING 18 ERROL PL RN SINGLE DETACHED DWELLING MRS LEEANNE DRODGE 67A FAHEY ST RN SEMI-DETACHED DWELLING ANTHONY MA 15 GEAR ST RN SEMI-DETACHED DWELLING MICHELLE TEMPLE 60 MONROE ST RN TOWNHOUSING JASON OATES 41 MYRICK PL RN SINGLE DETACHED DWELLING CAROL RICHARDS 68 NASCOPIE CRES RN TOWNHOUSING DAVID BADRUDIN/LINDSAY MILLS 185 WATERFORD BRIDGE RD RN LODGING HOUSE CARL HIGDON 38 CLEARY DR SW SINGLE DETACHED DWELLING RODNEY SHEPPARD 42 THORBURN RD SW SINGLE DETACHED DWELLING

THIS WEEK $ 489,806.00

CLASS: DEMOLITION

CHARLES BUTLER 19 BALSAM ST DM TOWNHOUSING

THIS WEEK $ 2,500.00 THIS WEEK'STOTAL: $ 4,695,006.00

REPAIR PERMITS ISSUED: 2009/03/05 TO 2009/03/11 $ 10,201.00 LEGEND

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CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

Payrolls and Accounts

SJMC2009-03-17/157R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the week ending March 12, 2009 be approved as presented:

Weekly Payment Vouchers For The Week Ending March 12, 2009

PAYROLL

Public Works $ 372,916.67

Bi-Weekly Casual $ 14,794.44

ACCOUNTS PAYABLE

Cheque No. 143742 - 143997 $ 2,695,742.45

Total: $ 3,083,453.56

Tenders

a. Tender - Chlorine Bulk (two year period) b. Tender – Exterior Renovations, Non-Profit Housing Sites – McNeil Street, Mundy Pond Road & Queen’s Road

SJMC2009-03-17/158R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: that the recommendation of the Director of Finance and City Treasurer and the Director of Building and Property Management be approved and the tenders awarded as follows:

a. Benntag Canada Ltd. @ $1,157,170.00 (taxes not included) b. Coastal Building Products in the amount of $146,000.00 which includes HST

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Notice of Motion

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to enact an amendment to the Rules of Procedure with respect to voting by Council.

DATED at St. John’s, NL this 17th day of March, 2009.

______Councillor Keith Coombs

Ad Hoc Committee on the Awarding of the Freedom of the City

Council considered a memorandum from the Acting City Clerk dated March 11, 2009 regarding the above noted.

SJMC2009-03-17/159R It was decided on motion of Councillor Hickman; seconded by Councillor Colbert: That Councillors Hann, Hanlon and Galgay be appointed to the Ad Hoc Committee on the Awarding of the Freedom of the City.

Bulk Garbage & Recyclable Metals Collection Contracts

Council considered a memorandum from the Director of Public Works & Parks dated March 12, 2009 regarding the above noted.

SJMC2009-03-17/160R It was decided on motion of Councillor Puddister; seconded by Councillor Hann: That the contracts for Bulk Garbage and Recyclable Metals Collection with Newfound Disposal be extended for a one year period in accordance with the terms of the existing contracts.

Snow Clearing Report for the period January 1st to March 13th, 2009

Council considered as information the snow clearing report for the period January 1st to March 13, 2009 as prepared by the Director of Finance and City Treasurer and outlined in his memo dated March 12th, 2009. The report shows a negative variance of $292,123.

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Request from the Fluvarium - Joint Fundraiser: Spring Soiree 2009 Council tabled a letter dated March 10th, 2009 from Sharon Jeans, Executive Director of the Fluvarium requesting Council’s support of the joint fundraiser of the Quidi Vidi/Rennie’s River Development Foundation and the Elaine Dobbin Centre for Autism’s Spring Soiree 2009, through the purchase of a corporate table.

SJMC2009-03-17/161R It was decided on motion of Councillor Puddister; seconded by Councillor Hickman: That the City purchase a corporate table for ten people at the cost of $900.00 with charitable tax receipts to be provided.

Southlands Area (Ward 5) & Southwest Development Area (Wards 3 and 4) Council considered as information a memorandum dated March 17, 2009 from the Director of Planning regarding the above noted. The public meeting to discuss the proposed amendments to the Municipal Plan and the Development Regulations with regard to development above the 1290 metre contour, is April 14, 2009 at 7:00 pm at the Foran/Greene Room, City Hall.

Councillor Tom Hann

 Councillor Hann referenced his intention to bring forth the issue of Search and Rescue operations in light of the helicopter crash that occurred in the Atlantic Ocean this past Thursday wherein seventeen people lost their lives. It was agreed that this matter be deferred for the time being considering the complications involved and the timing sensitivity for the families now in mourning.

 Councillor Hann tabled the March 6th report of the Mayor’s Advisory Committee on Seniors, wherein the following recommendations for Committee membership were outlined:

Organizations:  Kelly Heisz – Seniors Resource Centre  Margaret Adey – CARP, St. John’s Avalon Chapter  Frank Lee – Anglican Homes Inc.  Graham Hill – CN Pensioners’ Association

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Individuals:  Gerri Thompson  Puran Singh Cheema  Ethel Downey  Lorraine Best

SJMC2009-03-17/162R It was decided on motion of Councillor Hann; seconded by Councillor Colbert: That Council accept the recommendation of the Mayor’s Advisory Committee on Seniors with respect to the above noted membership appointments. The Chairperson of that Committee will be nominated at the next meeting and will be a representative from the general public chosen from the above noted list.

 Councillor Hann made reference to the recycling depot at Airport Heights and the problem with cardboard and other debris ending up in the gutter in that area. It is a serious problem that needs to be addressed. Councillor Hanlon advised that this problem has been registered and channeled through the system.

Councillor Frank Galgay

 Councillor Galgay reminded Council and the general public about the ecumenical service taking place on Wednesday, March 18th, 2009 at 7:00 p.m. at the Basilica of St. John the Baptist in honour of those who lost their lives this past week due to the helicopter crash in the North Atlantic.

Councillor Keith Coombs

 Councillor Coombs referenced recent media reports about the sewage problem occurring in the Waterford River. He read into the record a memorandum from the Department of Engineering outlining the number of measures which have been taken to address these issues. A copy of this memo is on file with the City Clerk’s Department.

Councillor Debbie Hanlon

 Councillor Hanlon referenced Canada Post’s proposal to have municipalities take over the maintenance of the garbage receptacles situated near the super mailboxes. She questioned if any such discussions have been held with the City of St. John’s in this regard. Concern was expressed by Deputy Mayor Ellsworth about the idea,

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noting that it is a cost saving measure on the part of Canada Post who should instead be working in cooperation with municipalities to implement recycling solutions. It was also suggested that those receiving mail who do not wish to have flyers should take advantage of the Red Dot sticker program, the information for which is available on the Canada Post website.

 Councillor Hann also reminded the general public about the garbage day cycle which has moved ahead one day due to the civic holiday.

Councillor Wally Collins

 Councillor Collins expressed thanks and appreciation to the Canadian and American rescue teams who provided assistance during the helicopter crash and the recovery of bodies.

Adjournment

There being no further business, the meeting adjourned at 5:05 p.m.

______MAYOR

______CITY CLERK January 5, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Deputy Mayor Ellsworth; Councillors Hickman, Hann, Puddister, Galgay, Coombs, Hanlon and Collins

Regrets: Councillors Duff and Colbert

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Corporate Services and City Clerk, the Associate Commissioner/Director of Engineering, the Director of Planning, and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2009-01-05/01R It was decided on motion of Deputy Mayor Ellsworth; seconded by Councillor Hanlon: That the Agenda be adopted as presented.

Adoption of Minutes

SJMC2009-01-05/02R It was decided on motion of Councillor Galgay; seconded by Councillor Hickman: That the Minutes of the December 15th, 2008 meeting be adopted as presented.

Business Arising

Under business arising, Council considered written submissions from area residents as well as a submission from Cyril Fitzpatrick, Applicant for the Vehicle Impound Lot, Redmond’s Road.

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In addition, Council considered a memorandum dated December 17, 2008 from the Director of Planning regarding the application.

SJMC2009-01-05/03R Pursuant to Notice of Motion, it was moved by Councillor Coombs that a decision of Council on November 17, 2008 allowing the establishment of a Towing and Vehicle Impound Lot located on Redmond’s Road, be rescinded. The motion failed due to lack of a seconder.

His Worship the Mayor and Councillor Coombs expressed disappointment that members of Council were not willing to at least allow an open debate on the issue.

Fixed Day Garbage Collection (CD # R2008-11-24/10)

Under business arising, Council considered a memorandum dated December 19th, 2008 from Director of Public Works & Parks regarding the above noted. Council agreed to the status quo that the current rotating garbage collection schedule be continued for 2009.

Notices Published

1. A Discretionary Use Application has been submitted by Bell Aliant requesting permission to install an Outside Plant Interface (OPI) cabinet at the rear of the property of Civic Number 1 Virginia Place. The OPI is proposed to enhance telecommunications in the area. (Ward 1) (No objections received) SJMC2009-01-05/04R It was moved by Councillor Puddister; seconded by Councillor Hickman: That the application be approved.

The motion being put was unanimously carried.

2. A Discretionary Use Application has been submitted by Richard Norman for a proposed Home Occupation at Civic Number 61 Burry Port Street. The proposed use is for a Gift Basket Arranging Business, where gift baskets will be assembled on the premises, for sale in local retail outlets. The total proposed floor area for the business is 7.4 square metres. The applicant will be sole employee of the proposed business. There will be no clients visiting the site. There is currently one (1) on-site parking space provided for the business. (Ward 4) (No objections received.)

SJMC2009-01-05/05R It was moved by Councillor Hanlon; seconded by Councillor Collins: That the application be approved. The motion being put was unanimously carried.

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Parks and Recreation Standing Committee Report dated October 31st, 2008.

Council considered the following Parks and Recreation Standing Committee Report dated October 31st, 2008: Attendees: Councillor Shannie Duff, Chairperson Deputy Mayor Ron Ellsworth Councillor Gerry Colbert Councillor Sandy Hickman Ron Penney, Chief Commissioner/City Solicitor Bob Bishop, Director of Finance & City Treasurer Jill Brewer, Director of Recreation Jim Clarke, Acting Director of Public Works & Parks Heather Hickman, Manager of Community Development Gord Tucker, Manager of the Division of Property Management Jane Williams, Foreperson, Public Works & Parks Karen Chafe, Recording Secretary

1. Requests from Citizens to Dispose of City-owned Land The Acting Director of Public Works & Parks advised that his Department receives numerous requests from residents to purchase open space land owned by the City. The Department has been rejecting such requests, noting the need to maintain open space wherever possible. The Committee agreed with this plan of action and made the following recommendation:

That the City impose a moratorium on the disposal of open space property unless there are extenuating circumstances which merit the disposal of such. These requests would have to be reviewed on an individual basis by the Dept. of Public Works & Parks.

Councillor Shannie Duff Chairperson

SJMC2009-01-05/06R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Hickman: That the Committee’s recommendation be approved.

The motion being put was unanimously carried.

Police and Traffic Committee Report dated December 10th, 2008

Council considered the following Police and Traffic Committee Report dated December 10th, 2008:

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A meeting of the Police and Traffic Committee was held on Wednesday, December 10, 2008, at 12 noon in Conference Room A, 4th Floor, City Hall.

In attendance: Councillor Art Puddister, Chairperson Deputy Mayor Ron Ellsworth Councillor Shannie Duff Councillor Tom Hann Councillor Frank Galgay Councillor Debbie Hanlon Sgt. Paul Murphy, Royal Newfoundland Constabulary Mr. Chris Whelan, St. John’s Transportation Commission Mr. Peter Belbin, Downtown Development Commission Mr. Scott Cluney, Downtown Development Commission Mr. Bob LeDrew, Nfld. Carriers’ Association Mr. Percy Rideout, Citizen Representative Mr. Robin King, Transportation Engineer Ms. Dawn Corner, Supervisor of Parking & Traffic Mr. Bill MacDonald, Supervisor of Traffic Signals Mr. Chris Pitcher, Supervisor of Parking Services Mr. Phil Hiscock, Operations Assistant – Streets Division Mr. Derm Layman, Foreperson – Streets Division Ms. Kelly Butler, Recording Secretary

Councillor Puddister called the meeting to order.

Adoption of the Agenda The agenda was adopted with the following additions:

a. Email from Shelley Parkhouse re: Tim Horton’s Drive-Thru on Topsail Road b. Proposed Parking Restrictions for East White Hills Road c. Proposed Parking Changes for Circular Road – Molson Brewery d. Proposed Parking Restrictions for RCAF Road e. Proposed Snow Route Signage for Albro Lane

1. Adoption of Minutes The minutes of the September 16, 2008, meeting were adopted as presented.

2. Speeding Countermeasure Policy The Committee deferred consideration of this issue pending the results of a traffic study to be completed by staff.

3. Stavanger Drive @ Larner Street – Request for a Crosswalk The Committee deferred a decision on the above noted matter pending the results of a pedestrian study to be completed by staff in the spring.

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4. Hamilton Avenue @ Shaw Street – Request for a Traffic Signal The Committee deferred a decision on this matter pending the completion of a traffic study to be undertaken by staff once the current construction phase of the Harbour Sewer Interceptor Project is completed.

5. New Cove Road – Request for a Crosswalk in the Vicinity of Tunis Court At the request of Councillor Hanlon, the Committee deferred a decision on the above noted matter to allow Councillor Hanlon an opportunity to review the matter further with staff, with a view to perhaps conducting another study.

6. Motorcycle Noise The Committee reviewed correspondence from the City’s Legal Department regarding the possibility of adopting a by-law similar to that of the State of Massachusetts’ governing motorcycle noise.

Councillor Puddister noted that according to the City’s Legal Department, the City has no jurisdiction in this matter. In this regard, he recommended that the Transportation Engineer, the Supervisor of Parking and Traffic, and Sgt. Murphy work on developing a position paper on the issue of dealing with motorcycle noise. The issue paper will be referred back to the Committee for its review and consideration. If the Committee is in agreement, then the position paper can be forwarded to Council with a recommendation that a public meeting be held.

The Committee endorsed Councillor Puddister’s recommendation.

7. Petty Harbour Road @ Main Road – Request for a Traffic Signal The Supervisor of Parking and Traffic advised that traffic study was completed for the above noted location, however, the warrant criteria was not met.

The Committee recommends that the status quo be maintained, and that a traffic signal not be installed at the intersection of Petty Harbour Road and Main Road.

8. Blackhead Road @ Linegar Avenue – Request for an All-Way Stop The Supervisor of Parking and Traffic advised that a traffic count was completed for the above noted location, however, the warrant criteria was not met.

Deputy Mayor Ellsworth noted that there is a turn in the road coming into the intersection which can limit visibility. Speeding is also a factor. He indicated that he would like something to be done at this intersection as this is an area where children frequently cross the street to get to the school.

The Committee recommends that the status quo be maintained, and that the request for an all-way stop be denied. It is further recommended that the issue of speeding be referred to the RNC for enforcement.

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9. Cornwall Avenue @ Cornwall Crescent – Request for an RA-5 Crossing to be Upgraded to a Red-Amber-Green Traffic Signal The Committee considered a letter from June Battcock regarding the above noted matter. The Transportation Engineer advised that this crosswalk has been a problem in the past. The RA-5 flashing light assembly was installed in this area five years ago. Based on the complaint from Mrs. Battcock, staff reviewed the crosswalk, and found that the volume of pedestrians is low, therefore, upgrading of the device to a pedestrian activated red- amber-green signal is not warranted. The Transportation Engineer suggested that increased enforcement is required to address the problem of driver compliance.

A brief discussion ensued regarding the lack of compliance by drivers to amber lights and crosswalks. It was suggested that perhaps staff should investigate the possibility of upgrading all its RA-5 assemblies to pedestrian activated red-amber-green signals. The Supervisor of Traffic Signals noted that it may cost upwards of $20,000 a unit to do the upgrades. In this regard, he agreed to provide the Committee with information on the number of RA-5 units in the City and the cost to upgrade them to red-amber-green pedestrian activated lights.

The Committee recommends that the status quo be maintained and that the request to upgrade the RA-5 flashing light assembly at the Cornwall Avenue/Cornwall Crescent intersection be denied. It is further recommended that the issue of driver compliance at this crosswalk be referred to the RNC for enforcement.

(Councillor Hann entered the meeting.)

10. Kings Bridge Road @ Winter Avenue – Complaint re: Lack of Driver Compliance The Committee considered correspondence from Mr. Chris Flanagan regarding the above noted matter.

The Transportation Engineer advised that there is a high volume of traffic using this corridor, upwards of 20-25,000 vehicle trips per day. He requested that the Committee defer the matter to allow staff an opportunity to investigate the complaint and come up with a viable solution.

The Committee agreed to defer this matter pending further investigation by of possible solutions to address the crosswalk situation.

11. Frecker Drive – Request for Speed Limit Reduction to 40 km/hr The Committee considered correspondence from Mr. Michael Halliday regarding the above noted matter.

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The Supervisor of Parking and Traffic noted that studies have shown that in areas where reduced speed limit signs have been posted, no significant change in the average speed of vehicles has occurred. Therefore, the benefit of posting this type of signage is negligible.

The Committee recommends that the status quo be maintained and the request for a reduced speed limit for Frecker Drive be denied. It is further recommended that the matter of speeding be referred to the RNC for enforcement.

12. Empire Avenue – Complaint re: Speeding The Committee considered correspondence from Mr. Sean Charters regarding excessive speeds on Empire Avenue between Circular Road, Kings Bridge Road and Rennies Mill Road.

The Supervisor of Parking and Traffic noted that the City receives numerous complaints each year regarding speeding. Enforcement of speed limits falls under the jurisdiction of the RNC.

The Committee recommends that the speeding complaint be referred to the RNC for enforcement.

13. Middle Pond – Request for Speed Limit Reduction The Committee considered correspondence from an area resident regarding speeding in the area of Middle Pond and vehicles making illegal u-turns near the Kilbride overpass to access Pitts Memorial Drive eastbound.

Discussion ensued regarding the u-turn situation, with it being suggested that the City should consider reconfiguring the access to the Pitts Memorial Drive on-ramp for eastbound traffic. The Transportation Engineer indicated that he could investigate the matter and prepare a report for the Committee’s consideration.

The Committee recommends that that issue of speeding in the area of Middle Pond be referred to the RNC for enforcement and that staff investigate the possibility of reconfiguring the access to the Pitts Memorial on-ramp for eastbound traffic.

14. Quidi Vidi Village Road – Speeding and Traffic Issues The Committee considered a memorandum dated November 21, 2008, from Councillor Frank Galgay regarding concerns of residents of Quidi Vidi Village pertaining to traffic volumes and speeding.

The Transportation Engineer advised that staff conducted traffic counts in the area in 2006 and 2008, which indicated that traffic volumes and speeds are lower now than they were in 2006. He indicated that staff would undertake a license plate survey in order to determine where the traffic going through the Village is originating. He asked that the

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matter be deferred to allow staff to undertake the license plate survey and to prepare a report for the Committee’s review and consideration.

The Committee recommends that a decision on the matter be deferred to allow Traffic Division Staff an opportunity to undertake a license plate survey and prepare a report for the Committee’s consideration.

15. University Avenue – Request for Removal of Bus Stopping Area The Committee considered correspondence from Ms. Anne Marie Conway, Principal, St. Andrew’s School, regarding the above noted matter.

The Committee recommends that Council approve the removal of the Bus Stop Only area and the installation of 15 minute parking adjacent to St. Andrew’s School.

16. Duckworth Street – Request for a Loading Zone The Committee considered correspondence from Ms. Julia Bloomquist, The Sprout Restaurant, regarding the above noted matter.

Mr. Belbin noted that the loading zone in front of the former CBC building is no longer needed, and requested that consideration be given to removing it.

The Committee recommends that two parking meters be removed from Duckworth Street in order to accommodate the installation of a loading zone in the vicinity of the Sprout Restaurant, with the location to be determined by staff.

17. Old Petty Harbour Road – Request for No Parking Anytime Restriction The Committee considered correspondence from Mr. Joseph Mackey regarding the above noted matter.

The Committee recommends that a decision on the request be deferred to allow staff the opportunity to survey area residents regarding the installation of a No Parking Anytime restriction, with the results to be referred back to the Committee for consideration and decision.

18. Harding Road – Request from Streets Division for No Parking Anytime Restriction The Supervisor of Parking and Traffic advised that the Streets Department is requesting the installation of a No Parking Anytime restriction due to operational constraints related to snowclearing activities.

The Committee recommends that Snow Route signage be erected on the north side of Harding Road.

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19. Audible Pedestrian Signals The Transportation Engineer advised that the Traffic Division has received a couple of requests from the Mayor’s Advisory Committee on the Status of Persons with Disabilities to install audible signals at different locations for visually impaired persons. The two areas under consideration are Torbay Road @ McDonald Drive and Torbay Road @ Elizabeth Avenue. He noted that it may be necessary to develop a set of criteria by which to evaluate such requests in the future.

Discussion ensued with it being noted that this is a very important issue, and perhaps the City should look at upgrading all of its pedestrian crossings to include audible signals over time, perhaps upgrading one or two per year. In this regard, it was noted that the City would have to make provision in its budget to undertake such a mandate. The average cost to equip pedestrian crossings with audible signals is approximately $10,000. It was also suggested that if the City is going to upgrade its pedestrian crossings, then it should concentrate on heavy pedestrian traffic areas, such as the downtown, first.

The Committee directed staff to prepare a report outlining recommendations and estimated costs for the installation of audible signals in high pedestrian traffic areas.

20. Street Cleaning Tickets The Transportation Engineer advised that a couple of issues have arisen regarding the issuance of street cleaning tickets in the downtown. The first issue involves the issuance of street cleaning tickets in commercial areas of the downtown, like Water Street and Duckworth Street. People oftentimes leave their vehicles parked overnight unaware of the street cleaning schedule because they live outside the downtown. Conversely, there are downtown livyers who are aware of the street cleaning schedule, but who do not move their cars, opting to get a ticket two or three times a year instead.

The Supervisor of Parking Services noted that he had discussed the matter with the Manager of Streets and Parks late last week and the matter was also raised at the Public Works Committee meeting as well. He suggested that the matter be deferred to allow staff an opportunity to come up with some recommendations to address the problem.

The Committee deferred a decision on this matter to allow staff an opportunity to review the matter and prepare some recommendations to address the problem for the Committee’s consideration.

OTHER BUSINESS:

21. Proposed Parking Changes for Circular Road – Molson Brewery The Committee considered a request from Molson Brewery regarding proposed changes to the Residential Permit Parking area on Circular Road. The brewery has had to increase the size of its delivery trucks, which is causing manoeuvrability problems for drivers when residents are parked opposite the loading doors in the residential parking area. The situation will only be exacerbated in the winter. In order to alleviate the problem, the

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brewery is proposing that the area in front of their building be changed to Residential Permit Parking and the area opposite the loading doors be change to a No Parking area. The Operation Assistant noted that this proposed change would also benefit snowclearing operations as well.

The Committee recommends that the area in front of the Molson Brewery on Circular Road be changed to a Residential Permit Parking area and the current Residential Parking area on Circular Road be changed to a No Parking Anytime zone.

22. Proposed Parking Restrictions for East White Hills Road The Supervisor of Parking and Traffic advised that a crosswalk was recently installed on East White Hills Road in the vicinity of the Country Ribbon facility. However, staff have received complaints that there is low pedestrian visibility at the crosswalk because of cars parked on the street. To address this problem, Traffic Division staff installed a No Stopping restriction on one side of the road. However, staff are now recommending that the No Stopping restriction be extended to include the opposite side of East White Hills Road.

The Committee recommends that the current No Stopping restriction on East White Hills Road be extended to include the area opposite the Country Ribbon building.

23. Tim Horton’s Drive-Thru on Topsail Road The Committee considered correspondence from Ms. Shelley Parkhouse regarding the Tim Horton’s drive-thru at the Esso Station on Topsail Road, where traffic is often backed up into the driving lanes creating a safety hazard for other drivers.

The Transportation Engineer advised that the City has received numerous complaints of this nature for other Tim Horton’s locations around the City. In order to address the problem, the City has asked Tim Horton’s to increase the capacity of their stacking lanes, however, it appears that even locations with large stacking lanes are still experiencing problems. He noted that he had spoken to the Operations Manager for Tim Horton’s about the issue, and he attributes the problem to lower service levels due to a shortage in the labour force.

The Committee discussed the matter including a number of alternatives such as banning drive-thrus, limiting drive thru service to coffee only, having incentives for walk-in business, etc. The Transportation Engineer suggested that representatives from Tim Horton’s be invited to discuss the matter at the Committee’s next meeting.

The Committee recommends that representatives from Tim Horton’s be invited to the Committee’s next meeting to discuss the issue with a view to addressing the drive thru traffic problems.

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24. Proposed Snow Route Signage for Albro Lane The Supervisor of Parking and Traffic advised that during the winter, people were unable to get through Albro Lane because of cars parked on the side of the road.

The Committee recommends that Snow Route signage be installed on the west side of Albro Lane.

25. Proposed Parking Restrictions for RCAF Road The Supervisor of Parking and Traffic advised that during the summer there was a special event at the Provincial Recreation Complex off RCAF Road. Vehicles were parked on both sides of RCAF Road, making it impossible for an emergency vehicle to get on or off the street. This is especially important as this is road is the access to air ambulance facility.

The Committee recommends that a No Parking Anytime restriction be installed on both sides of RCAF Road.

26. Request for a Loading Zone – St. John’s Lane The Supervisor of Parking and Traffic advised that last summer a temporary loading zone was installed on St. John’s Lane due to the ongoing construction with the Harbour Sewer Interceptor project. A number of businesses in the downtown have asked to have the loading zone made permanent because it worked so well during the summer. She noted, however, that it may be necessary to make the street one-way in order to accommodate the loading zone permanently.

The Committee agreed to defer a decision on this matter to allow Traffic Division staff the opportunity to investigate the logistics of installing a permanent loading zone on St. John’s Lane.

27. Request to relocate Loading Zone – Duckworth Street (Tim Horton’s) The Supervisor of Parking and Traffic advised that currently there is a single parking space on the corner of Duckworth Street/Prescott Street in front of the Tim Horton’s and a loading zone beyond that. It has been suggested that the loading zone be switched with the single parking space, which would make it easier for large vehicles to access the loading zone.

The Committee agreed to defer a decision on this matter to allow Traffic Division staff an opportunity to investigate further and to speak with the manager of the Tim Horton’s outlet.

Adjournment There being no further business, the meeting adjourned at 1:30 p.m.

Councillor Art Puddister Chairperson

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SJMC2009-01-05/07R It was moved by Councillor Puddister; seconded by Councillor Hanlon: That the Committee’s recommendations be approved.

Regarding Item #15 – Council agreed to refer the matter back to the Committee for further consideration.

Regarding Item #23 – SJMC2009-01-05/08R It was moved by Councillor Coombs; seconded by Councillor Puddister: That a moratorium be placed on all drive-thrus that run onto roadways that could impact pedestrians and motorists until the traffic concerns relating to vehicles accessing and egressing the operations onto the public roadways can be addressed.

Members of Council expressed concern that traffic spilling onto busy roadways is causing safety problems and delaying traffic. Council discussed possible solutions as noted by the Committee such as “express coffee only” lanes, etc. They noted applications can be looked at on an individual basis and should be approved only when the City has assurances from the applicant that traffic will not be impacted by the operation, noting that the Tim Horton’s located on Kenmount Road could be used as a template. Deputy Mayor Ellsworth and other members of Council noted that Tim Horton’s is a good corporate citizen and it is not Council’s intent to discredit Tim Horton’s. Members of Council supported the committee’s recommendation to meet with representatives from Tim Horton’s to discuss the issue and asked that the Chief Commissioner and City Solicitor arrange the meeting as soon as possible.

Following discussion, the motion being put was unanimously carried.

The main motion being put including deferral of Item #15, was unanimously carried.

Cruise Committee Report dated December 16, 2008

Council considered the following Cruise Committee Report dated December 16, 2008: A meeting of the Cruise Committee (staff component only) was held on Tuesday, December 16, 2008, at 12 noon in Conference Room B, 4th Floor, City Hall.

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In Attendance: Kevin Gushue, Acting Chairperson, Manager of Tourism Development Dawn Corner, Supervisor of Parking and Traffic Deborah Cook, Tourism Development Coordinator Todd Lehr, Tourism Program Analyst Colin Hepditch, Tourism Co-op Student Kelly Butler, Recording Secretary

The meeting was called to order.

2008 Cruise Activity Ms. Cook provided an overview of the cruise activity for 2008, noting that the port received 18 cruise ships, with an estimated 15,000 passengers and 7,000 crew, representing a 74% increase in passenger numbers from 2007. There were 21 ships scheduled to visit port, however, three were cancelled for various reasons. Several ships made their maiden visit to port, including the Minerva, the Bremen, the Aida Aura, the Eurodam, the Prince Albert, and the Norwegian Jewel.

Cruise Ship Servicing The Committee discussed the preparations that were made to service the visiting cruise ships, with it being noted that the parking and traffic plans worked well, and the welcome programs ran smoothly. Ms. Cook noted that the Cruise St. John’s programming was done in conjunction with its many partners, including the Downtown Development Commission, the Provincial Department of Tourism, the St. John’s Port Authority, and the Cruise Association of Newfoundland and Labrador. She noted that the partners seem to be pleased with the response that the programs received from the cruise lines and the passengers. Staff are currently working on the programs for 2009. In this regard, she advised the City is trying to get the arts community more involved in the cruise ship program. Staff will be working with the City’s Arts and Culture Coordinator to develop a Call for Proposals to garner suggestions/ideas for new programming.

Ms. Cook also noted that the 2008 budget for the welcome programs was approximately $22,000 as compared with $16,000 in 2007. It is anticipated that the budget for 2009 will be approximately $35,000. The Committee also discussed the changes to Transport Canada’s security requirements that were recently implemented by the Port, with it being noted that any further changes in the security plan could mean that the welcome programs may have to be scaled back

The Committee also made the following comments on the other aspects of the cruise ship servicing program:

· The new traffic plan set up seems to be working well for all parties involved. There were a few minor hiccups early in the season, but they were ironed out fairly quickly. · · There was also some confusion with the private operators, showing up late and not following the rules for queuing. It was noted that many of the tour operators didn’t advise if they would be taking part in cruise visits and then would show up anyway, which seemed to contribute to the confusion. It was suggested that perhaps the operators should be given an information package and a cruise ship schedule prior to

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the start of the season, and be advised that if they don’t call ahead to confirm they need space, then no space will be available to them if they show up at dockside. · · The Taxi Coordinator, Gerry Smith, has been invaluable in helping to organize the taxis for each cruise ship visit. It was suggested that Mr. Smith be invited to participate in the ambassador training sessions to explain what he does and how the ambassadors can be of help to him. · · Tour buses – there was some difficulty coordinating tour buses when the cruise lines hired two different companies to provide the tours. It was suggested that better communication might be necessary between the tour companies and the cruise lines so that everyone is aware of the order in which the tour passengers will be picked up from the dock. · · Due to the tightening of security at the Port, the Freedom of the Seaport ceremony for the inaugural ship had to be held on Harbour Drive. Fortunately, it was a Sunday, and the street was able to be closed off for several hours with very little impact on traffic. It was noted that the street closure would not likely be able to be accommodated during a weekday. · · Parks Canada were a wonderful addition to the program this year, displaying the welcome signal flags on Cabot Tower and performing the farewell musket salute for departing cruise ships. It was also noted that Parks Canada staff were also very helpful in controlling and directing the bus traffic in and out of their parking lots.

2009 Cruise Activity The Port will be expecting 25 cruise ship visits in 2009, an increase from 18 in 2008, with an estimated 32,000 visitors, up from 22,000 in 2008. The first cruise ship visit of 2009 is planned for May, with the last visit scheduled for late October. There will be a number of cruise ships making their inaugural visits to the Port including the Tahitian Princess, the Emerald Princess, the Queen Victoria, and the Balmoral. Staff will be working on alternatives for the Freedom of the Seaport ceremony for the inaugural visits taking place in 2009, in the event that Harbour Drive is unable to be closed to accommodate the ceremony.

Staff will be reviewing the Ambassador Program to determine if more volunteers are needed. There are currently 40 volunteers taking part in the program. The Committee discussed the role of the ambassadors, noting that they are encouraged to integrate themselves throughout the downtown during visits, however, many are reluctant to do so and prefer to stay at dockside. Ms. Cook indicated that when the new co-op student starts in January, the current list of ambassadors will be contacted to determine how many will be returning for 2009. Based on the responses, staff can then decide if it will be necessary to try and recruit new volunteers.

2009 Marketing Plan The Committee reviewed as information the Executive Summary of the Cruise Marketing/ Development/Servicing Initiatives for 2009.

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Cruise St. John’s sales calls for North American cruise lines have been tentatively scheduled for January 25th -31st, and September 8th – 15th or 18th – 25th for European cruise lines, depending on the travel budget. It was also noted that the Seatrade Miami conference and trade show is slated for March 16th – 19th at the Miami Beach Convention Centre.

Atlantic Gateway Initiative Ms. Cook advised that the Atlantic Canada Cruise Association (ACCA) has approached the City about becoming a financial contributor on a study that is being done on the Atlantic Gateway Initiative. The cost is $1,500 to become a participant in the study. The City, in turn, contacted the St. John’s Port Authority about becoming a co-participant and cost- sharing the study fee. The Port has agreed to the request, and they will be contributing 50% of the cost. Therefore, the City will contribute $750 and the Port will contribute $750 towards the cost of the study.

The study is of major benefit to the City as the Port of St. John’s is one of the major ports in Atlantic Canada. Also, by becoming a study participant, the City and Port will have direct input into the study process as it will have a representative on the committee that will develop the Terms of Reference for the study and will work on the consultant on the project.

The Committee recommends that the City become a participant in the Atlantic Gateway Initiative Study at a cost of $1,500, with the City to pay 50% of the cost and the St. John’s Port Authority to pay the remaining 50% ($750 each).

Atlantic Canada Cruise Authority Membership The Committee considered an email from Jackie Chow, Port of Corner Brook and Chairperson of the Atlantic Canada Cruise Association outlining the membership benefits for members of the ACCA.

Mr. Gushue advised that staff are not recommending that the City become a member of ACCA. He noted that the Cruise Association of Newfoundland and Labrador is a member of ACCA, and the City will be sufficiently represented by them. In addition, he also noted that the cost to join does not represent a good return on investment with respect to the benefits of membership.

The Committee recommends that the City not join the Atlantic Canada Cruise Association (ACCA).

Next Meeting The next meeting of the full Cruise Committee will take place on January 14th.

Adjournment There being no further business, the meeting adjourned at 1:05 p.m.

Kevin Gushue, Acting Chairperson Manager of Tourism Development

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Building Permits List

SJMC2009-01-05/10R It was decided on motion of Councillor Collins; seconded by Councillor Hann: That the recommendation of the Director of Building and Property Management with respect to the following Building Permits List be approved: 2008/12/31 Permits List

CLASS: COMMERCIAL

PETER XIDOS 657 TOPSAIL RD CO RETAIL STORE AVALON SPORTS INCORPORATED BOULEVARD NC CLUB AT HOME FURNISHINGS 193 KENMOUNT RD, AT HOME FURN SN RETAIL STORE ABC SIDING & WINDOWS INC. 1 MARCONI PL - ABC SIDING MS RETAIL STORE DARRELL TUCKER 36 PEARSON ST MS SERVICE SHOP SECOND PAGE BOOK STORE 36 PEARSON ST MS RETAIL STORE HICKMAN MOTORS LIMITED 20 PEET ST MS CAR SALES LOT COLOR YOUR WORLD 40 ROPEWALK LANE MS RETAIL STORE THE BUSINESS DEPOT LTD. 34 STAVANGER DR- BUSINESS DEPO MS RETAIL STORE THE BUSINESS DEPOT LTD. 34 STAVANGER DR - BUSINESS DEP MS RETAIL STORE PIPERS DEPARTMENT STORES 681 TOPSAIL RD MS RETAIL STORE PIPER'S DEPARTMENT STORES 272-276 TORBAY RD MS RETAIL STORE NORTH ATLANTIC REFINING LTD. 280 TORBAY RD MS RETAIL STORE COLOR YOUR WORLD 464 TORBAY RD - COLOR YOUR WOR MS RETAIL STORE THE NAIL SHOP 145 TORBAY RD-TORBAY RD MALL MS SERVICE SHOP JOSADA HAIR STUDIO TORBAY ROAD-TORBAY RD MALL MS SERVICE SHOP CASH CITY TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE FRENCHY'S CLOTHING STORE LTD. TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE FRENCHY'S CLOTHING STORE LTD. TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE PETER'S PIZZA 411 TORBAY RD MS RESTAURANT PETER'S PIZZA & GOLDEN FOODS 411 TORBAY RD MS RESTAURANT NORTH ATLANTIC REFINING LTD. 694 WATER ST MS SERVICE STATION NORTH ATLANTIC REFINING LTD. 694 WATER ST, ORANGESTORE SN CONVENIENCE STORE ULTRAMAR LTD 102 BAY BULLS RD RN SERVICE STATION ULTRAMAR LTD 36 BLACKMARSH RD RN SERVICE STATION ULTRAMAR LTD 42 ELIZABETH AVE RN SERVICE STATION ULTRAMAR LTD 108 GEORGE ST W RN SERVICE STATION ULTRAMAR LTD 52 KENMOUNT RD RN SERVICE STATION STAIRWAYS BY DESIGN 18-28 MEWS PL STAIRWAYS BY DSN CO RETAIL STORE HOLDEN VENTURES INC. 243ABROOKFIELD RD NC FENCE PAR HOLDINGS LIMITED 120 LEMARCHANT RD, 2ND FLR CR OFFICE PRINCIPAL HOLDINGS LTD. 220 KENMOUNT RD NC ACCESSORY BUILDING AURORA ENERGY 136-140 WATER ST TI OFFICE QTI INVESTMENTS 430 WATER ST RN OFFICE CLARE BARRY 173 ELIZABETH AVE CR CLINIC THAI INA BOX INC. 215 WATER ST,2ND LEVEL F1B CR EATING ESTABLISHMENT

THIS WEEK $ 177,300.00 TO DATE $ 55,610,694.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

TO DATE $ 2,685,000.00

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CLASS: GOVERNMENT/INSTITUTIONAL

WESLEY UNITED CHURCH 101 PATRICK ST RN CHURCH

THIS WEEK $ 20,000.00 TO DATE $ 43,140,635.00

CLASS: RESIDENTIAL

GREG PIKE 269 BLACKMARSH RD NC PATIO DECK NEW VICTORIAN HOMES 4 BLUE PUTTEE DR NC ACCESSORY BUILDING ALFRED/MARY WHIFFEN BRAD GUSHUE CRES, LOT 5-144 NC SINGLE DETACHED WELLING SCOTT MERCER 12 CARIBOU PLACE, LOT 6 NC SINGLE DETACHED&SUB.APT CHARACTER BUILDERS LTD. 188 DOYLE'S RD NC SINGLE DETACHED&SUB.APT GLENN SNOW 305 EMPIRE AVE NC PATIO DECK VINYL WORKS LIMITED 35-37 GEAR ST NC PATIO DECK MANDY WOODLAND & GORDAN NASH 145 GREEN ACRE DR NC ACCESSORY BUILDING PETER LAING 16 HOPEDALE CRES NC ACCESSORY BUILDING JODY & CHANTAL DODGE HOWLETT'S LINE NC SINGLE DETACHED DWELLING SULLIVAN CONTRACTING 7 JAMIE KORAB ST NC ACCESSORY BUILDING GIBRALTAR DEVELOPMENT 85 JULIEANN PL, LOT 134 NC SINGLE DETACHED DWELLING FRANK FOLEY 87 JULIEANN PL - LOT 135 NC SINGLE DETACHED WELLING GIBRALTER DEVELOPMENT 3 KATIE PL, LOT 145 NC SINGLE DETACHED WELLING J & P CONTRACTING 18 LIONS RD, LOT 14 NC SINGLE DETACHED WELLING J & P CONTRACTING 20 LIONS RD, LOT 15 NC SINGLE DETACHED WELLING CARDINAL HOMES LIMITED 28 LIONS RD - LOT 19 NC SINGLE DETACHED WELLING PATRICK CLARKE 24 MAIN RD NC ACCESSORY BUILDING JUDY BRODERICK 82 MAIN RD NC ACCESSORY BUILDING CHRISTOPHER & BARBARA DAWSON 17 MELROSE PL NC PATIO DECK ELIZABETH RUMBOLT 49 MOSS HEATHER DR NC ACCESSORY BUILDING COLIN MOSS AIRPORT HEIGHTS DR - LOT 305 NC FENCE SHAWN ROWE 41 SGT. CRAIG GILLAM AVE-LOT25 NC SINGLE DETACHED WELLING REARDON CONSTRUCTION & DEV LTD 3 SPRUCEDALE DRIVE, LOT 159 NC SINGLE DETACHED WELLING BOB GRIFFIN 86 SPRINGDALE ST CO HOME OFFICE DON REARDON 76 HOLBROOK AVE CR SUBSIDIARY APARTMENT BEVERLEY GRACE-THORNTON 1 CAIRO ST EX SINGLE DETACHED WELLING BRAD HANCOCK/DARLENE BEUMORE 40 COWAN AVENUE EX SINGLE DETACHED WELLING GREGORY W. P. BUTLER 32 LESLIE ST EX SINGLE DETACHED&SUB.APT HARRY CHAFE 254-256 MAIN RD EX SINGLE DETACHED DWELLING JEANNE LEONARD 30 ST. MICHAEL'S AVE EX SINGLE DETACHED WELLING GRAHAM LETTO 6 TURNBERRY ST EX SINGLE DETACHED WELLING ERIC ADEY 10 ALBANY PL RN SINGLE DETACHED WELLING CHRISTOPHER & KAREN O'NEILL 10 BISHOP'S LINE RN SINGLE DETACHED WELLING GREGORY SUTHERLAND 124 BOND ST RN SEMI-DETACHED DWELLING SCOTT PARSONS 33 BROWNRIGG PL RN SINGLE DETACHED SUB.APT ELAINE MITCHELL 90 CIRCULAR RD RN TOWNHOUSING NFLD & LAB HOUSING CORP 8 GEAR ST RN TOWNHOUSING ANNE & RICHARD GOUGH 17 GRIEVE ST RN SINGLE DETACHED DWELLING SULLIVAN CONTRACTING 7 JAMIE KORAB ST RN SINGLE DETACHED DWELLING MERVYN & JUDITH MCINTYRE 121 MERRYMEETING RD RN SINGLE DETACHED DWELLING TERRY & TINA BRACE 29 MYRICK PL RN SINGLE DETACHED DWELLING NFLD & LABRADOR HOUSING CORP. 6 POWER ST RN SINGLE DETACHED DWELLING JEANNE LEONARD 30 ST. MICHAEL'S AVE RN SINGLE DETACHED DWELLING GERALD POWER 53 STAMP'S LANE RN SINGLE DETACHED&SUB.APT NFLD & LABRADOR HOUSING CORP. 80 WATSON ST RN TOWNHOUSING JACQUES WHITFORD 59 LIME ST SW SINGLE DETACHED DWELLING

THIS WEEK $ 2,730,459.00 TO DATE $147,883,364.00

CLASS: DEMOLITION

ARTHUR WALSH 27 MOSS HEATHER DR DM ACCESSORY BUILDING

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FORT MANAGEMENT LTD. 136-140 WATER ST DM OFFICE

THIS WEEK $ 20,000.00 TO DATE $ 1,818,400.00

THIS WEEK''S TOTAL: $ 2,947,759.00

TOTAL YEAR TO DATE: $251,138,093.00

REPAIR PERMITS ISSUED: 2008/12/11 TO 2008/12/31 $ 42,400.00 2007/12/13 TO 2008/12/31 $ 3,633,660.00 YTD

LEGEND

CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

Payrolls and Accounts

SJMC2009-01-05/11R It was decided on motion of Councillor Collins; seconded by Councillor Hann: That the following Payrolls and Accounts for the week ending January 1st, 2009:

Weekly Payment Vouchers For The Three Weeks Ending January 1, 2009 PAYROLL

Week 1 Public Works Wk. Ending Dec. 20/08 $ 367,874.17 Wk. Ending Dec 27/08 $ 419,518.58

Bi-Weekly 2 Amalgamation Wk. Ending Dec. 23/08 $ 473,716.77

Bi-Weekly 1 Management Wk. Ending Dec. 27/08 $ 575,723.39

Bi-Weekly 3 Administration Wk. Ending Dec. 27/08 $ 548,432.05

Bi-Weekly Casual Recreation Wk. Ending Dec. 27/08 $ 5, 081.95

- 20 - 2009-01-05

ACCOUNTS PAYABLE

Cheque No. 141117 - 141668 $8,952,435.55

Total: $11,342,782.46

Notice of Motion

Councillor Collins gave the following Notice of Motion:

TAKE NOTICE that I will at the next Regular Meeting of the St. John’s Municipal Council move to enact an amendment to the St. John’s Electrical By-Law so as to adopt the 2009 Canadian Electrical Code.

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of Council move to enact an amendment to Section 7 of the St. John’s Snow Removal Regulations so as to remove the stipulation that snow or ice deposited upon a street or sidewalk must create a safety hazard in order to create an offence.

Assessment Rates – 2009

Council considered a memorandum dated December 17th, 2008 from the Associate Commissioner/Director of Engineering regarding the above noted.

SJMC2009-01-05/12R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Puddister: That the following Assessment Rates for 2009 be approved:

Assessment Rates for 2009

Watermain $ 189.00/m Sanitary Sewer $ 172.00/m Storm Sewer $ 112.00/m Water Service $1,231.00 EA Sanitary Service $1,268.00 EA Storm Service $1,268.00 EA Commercial Water Service $4,658.00 EA Commercial Sanitary Service $2,250.00 EA Commercial Storm Service $2,061.00 EA Street Improvement $ 101.00/m New Street $ 427.00/m Sidewalk $ 24.00/m Rural Street Upgrading $ 86.00/m

The motion being put was unanimously approved.

- 21 - 2009-01-05

Travel Authorization – Councillor Galgay

SJMC2009-01-05/13R

It was moved by Deputy Mayor Ellsworth; seconded by Councillor Puddister: That travel by Councillor Galgay to attend AGM of the FCM in Whistler, British Columbia, June 5th to 8th, 2009, be approved.

The motion being put was unanimously carried.

Phone Polls

SJMC2009-01-05/14R It was moved by Councillor Puddister; seconded by Councillor Galgay: That the following phone polls be ratified:

a. Travel Authorization for the Mayor and Chief Commissioner to attend the last reunion of the HMS Newfoundland in England in April 24 to 27, 2009.

b. Tender for Replication of Beaumont Hamel Plaque (Awarded to Morgan Sculpture in the amount of $199,900.)

The motion being put was unanimously carried.

(Councillor Hann left the meeting)

January 2009 Economic Update

Council considered the January 2009 Economic Update. Deputy Mayor Ellsworth referenced the City Building Permits (December 15, 2008) as outlined in the report, with residential permits for 2007 totalling $156,010,145 and for 2008 totalling $145,152,905. He asked that staff provide a comparison of the housing starts reflected in those figures.

Notice to Motorists – On-Street Parking Ban

Council considered the Notice to Motorists regarding the On-Street Parking Ban. The hours during which on-street parking is prohibited are 12:30 a.m. to 7:30 a.m.

Petitions

Councillor Coombs tabled a petition the prayer of which reads as follows:

- 22 - 2009-01-05

Re: City Council’s recent approval (November 17, 2008) to allow a 180 vehicle impound and towing yard on Mr. Fitzpatrick’s property located on Redmond’s Road, St. John’s.

Be it resoled that we, the residents and land owners within the immediate area of this yard, are requesting that Council make a motion to rescind its approval to this very unpopular and hazardous venture for this area.

As we are all aware, this application in its various forms has been rejected by Council four times (one on appeal) in the past 4 years. It is amazing that only 6 to 8 months ago this same proposal was turned down due to the problem it would create in the area. While these same problems still exist, the Council has taken a 180 degree change to approve the impound yard.

We would like to remind Council that its long range vision, as stated by Council and the Appeal Board, for the Georges Pond Road and surrounding area is for R1 residential use that fits the overall development plan for the Cowan Heights Area. Further, there is a development proposal for 120 lot subdivision fronting along Georges Pond Road which will create nearly half a million tax dollars to the City. Unfortunately, this impound operation will have a detrimental effect on this project and the type of homes to be built, thus reducing the tax dollars to the City.

In addition, we as residents are very aware that such an unsecured impound yard will become a haven for vandals thereby increasing the risk for criminal activity in the area, increase in noise and disturbance, possible fires to these unattended vehicles causing a potential threat to the whole area. Further, the potential environmental hazards from leaking oil and gas from these vehicles could pose a real problem to homeowners wells and to ponds in the area.

In summary, we feel that Council has downgraded this residential neighbourhood by making this decision and has not fully thought out the entire ramifications that this yard will create. In addition, while not to question Mr. Fitzpatrick’s integrity, we wonder why the need for 180 vehicles which is well beyond the needs for a small auto body shop on Blackmarsh Road. It would appear that such a volume of vehicles is more suited to an auction house enterprise which he has asked for but was turned down.

We are really disappointed in Council’s approval and we do hope that a reversal of its decision can be done for the well being of the entire area.

Councillor Coombs questioned whether the Redmond’s Road application for a Towing and Vehicle Impound Yard by Mr. Cyril Fitzpatrick was discussed as Council’s private meeting on November 17, 2008, and asked that staff follow-up on the matter.

Councillor Galgay

Councillor Galgay asked the status of Council’s request for a meeting on the Streamlining of Council Meetings and was advised that the City Clerk is in the process of arranging a meeting within the next week to ten days.

- 23 - 2009-01-05

Councillor Puddister

Councillor Puddister reminded residents that the Christmas tree drop off locations for recycling are The Boulevard and Bowring Park.

Deputy Mayor Ellsworth

Deputy Mayor Ellsworth reminded residents that Evergreen Recycling is also offering a pickup service as previously mentioned by him.

Councillor Hickman

Councillor Hickman asked that staff look at finding solutions that might enhance safety on large intersections within the City, particularly Prince Phillip Parkway and Columbus Drive.

Deputy Mayor Ellsworth

Deputy Mayor Ellsworth noted he along with Councillors Galgay, Hann and Collins met, on behalf of the City, with Mr. Layton, NDP Federal Party Leader and Mr. Jack Harris, Member of Parliament, St. John’s East, during their December meeting in the St. John’s. He tabled a document titled “A Policy Accord to Address the Present Economic Crisis”, and asked that it be made available to all members of Council.

Adjournment

There being no further business, the meeting adjourned at 5:30 p.m.

______MAYOR

______CITY CLERK

January 12, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

Mayor Dennis O’Keefe presided.

There were present also Deputy Mayor Ellsworth, Councillors Duff, Colbert, Hickman, Hann, Puddister, Galgay, Coombs and Collins

Regrets: Councillor Hanlon

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Corporate Services and City Clerk, the Associate Commissioner/Director of Engineering, the Director of Finance and City Treasurer, the Director of Planning, and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2009-01-12/15R It was decided on motion of Councillor Collins; seconded by Councillor Hickman: That the Agenda be adopted as presented with the following additional Items:

a. Tender - Prepurchase of DAF Equipment

b. Notices of Motion - - Ward Boundaries By-Law; Election Finance By-Law and Repeal of No. of Councillors By-Law

Adoption of Minutes

SJMC2009-01-12/16R It was decided on motion of Councillor Hann; seconded by Councillor Duff: That the Minutes of the January 5th, 2009 meeting be adopted as presented.

- 2 - 2009-01-12

Business Arising

Proposed Hotel Development, Intersection of Water Street/Prescott Street (Ward 2), Applicant, 3103301 NS Ltd.

Under business arising, Council considered as information a memorandum dated January 8, 2009 from the Director of Planning regarding the above noted. In accordance with the Council Directive of August 25, 2008, the public meeting on the application has been scheduled for Thursday, January 29, 2009 at 7 p.m. in the Foran/Green Room.

Notice of Motion (Councillor Collins) St. John’s Electrical By-Law Amendment

SJMC2009-01-12/17R Pursuant to Notice of Motion, it was moved by Councillor Collins; seconded by Councillor Hann : That the following St. John’s Electrical By-Law Amendment No. 1, 2009), be adopted:

BY-LAW NO.

ST. JOHN’S ELECTRICAL BY-LAW (AMENDMENT NO 1 – 2009) BY-LAW

PASSED BY COUNCIL ON JANUARY 12, 2009

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law.

BY-LAW

1. This By-Law may be cited as the “St. John’s Electrical By-Law (Amendment No. 1 – 2009) By-Law.

2. Section 13 of The St. John’s Electrical By-Law is repealed and the following substituted:

“13. The 2009 Canadian Electrical Code of the Canadian Standards Association and all amendments thereto adopted by the said Association are hereby declared to be and shall be taken as part and parcel of this By-Law as if same were repeated herein in full, and all provisions of the said Code shall apply to all electrical work and installations.”

- 3 - 2009-01-12

IN WITNESS WHEREOF the Seal of the City of St. John’s was hereunto affixed and this By-Law was signed by the Mayor and City Clerk this 12th day of January ,2009.

MAYOR

CITY CLERK

The motion being put was unanimously carried.

Notice of Motion (Councillor Coombs) St. John’s Snow Removal Regulations

SJMC2009-01-12/18R Pursuant to Notice of Motion, it was moved by Councillor Coombs; seconded by Councillor Hickman: That the following St. John’s Snow Removal (Amendment No. 1, 2009) Regulations be adopted:

BY-LAW NO.

ST. JOHN’S SNOW REMOVAL (AMENDMENT NO. 1 – 2009) REGULATIONS

PASSED BY COUNCIL ON JANUARY 12, 2009

Pursuant to the powers vested in it under the City of St. John’s Act, R.S.N.L. 1990, c.C- 17 as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to snow removal.

AMENDMENT

1. This By-Law may be cited as the “St. John’s Snow Removal (Amendment No. 1 – 2009) Regulations”.

2. Section 7 of the St. John’s Snow Removal Regulations is repealed and the following substituted:

“7. No person shall deposit snow or ice upon any street or sidewalk which street or sidewalk is cleared of snow or ice by the City.”

- 4 - 2009-01-12

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By-Law has been signed by the Mayor and City Clerk this 12th day of January, 2009.

MAYOR

CITY CLERK

The motion being put was unanimously carried.

Tim Horton’s Drive Thru

Under business arising, Councilor Colbert referenced the “Cheers and Jeers” Article in the Telegram indicating that according to Section 111.(1) of the Highway Traffic Act, traffic spilling onto roadways is against the law. The Chief Commissioner noted that this section of the Act does not address this particular issue, noting that Council and staff will be meeting with representatives of Tim Horton’s next week and is confident a satisfactory resolution to the situation will be reached.

Councillor Puddister noted that contrary to some reporting, the intent of Council’s motion of last week that a moratorium be placed on drive-thru applications, is to place a temporary ban on proposed applications to ensure the requirements of the City’s traffic Department are met in the interest of public safety. Members of Council took exception to comments made by Mr. Brad George of the Canadian Federation of Independent Business, that the City is not being “business friendly.” His Worship the Mayor noted he intends to write Mr. George in this regard.

Redmond’s Road Vehicle Impound Lot

Deputy Mayor Ellsworth asked the status of Councillor’s Coombs’ query as to whether the Redmond’s Road application was discussed at Council’s private meeting on November 17, 2008. Councillor Coombs noted that he was advised by staff that the official minutes did not contain reference to this application. Councillor Puddister indicated he incorrently informed Councillor Coombs in this regard and that a brief discussion ensued following adjournment of that meeting. - 5 - 2009-01-12

Deputy Mayor Ellsworth alluded to last week’s failed motion by Councillor Coombs, due to lack of a seconder, to have Council’s decision of November 17, 2008 allowing the establishment of a Towing and Vehicle Impound Lot located on Redmond’s Road, rescinded. He noted the Mayor’s expression of “disappointment” that members of Council were not willing to at least allow an open debate on the issue. Deputy Mayor Ellsworth reminded the Mayor he could have vacated the chair in order to second the motion and allow debate. His Worship the Mayor noted there was no point in vacating the chair since the other members of Council were not willing to support the motion, noting he is not in favour of the Mayor getting into the habit of leaving the chair to second the motion, thereby loosing control over the ensuing debate. He noted one should only have to vacate the chair for an “extremely serious situation”.

During discussion, Councillor Collins pointed out that he was satisfied with Council’s decision on the Redmond’s Road application and saw no reason to further discuss the issue.

Councillor Hann referenced a CBC interview with Councillor Coombs which, he noted, appeared to insinuate that the Development Committee was being politicized because Councillors attend the meetings. Councillor Duff noted that she has been attending the meetings for years, and there is nothing “untoward” with Councilors attending the meeting. Councillor Coombs asked that staff provide information on the mandate of the Committee. He also asked if Councillors enter into debate on the issues brought before the Committee.

Notices Published

1. A Discretionary Use Application has been submitted by Mr. Sheldon Barry requesting permission to convert the existing single detached dwelling located at Civic No. 20-22 Prospect Street into two (2) residential infill units. The applicant will construct an extension of 2.4m x 7.3m onto the existing dwelling. The total lot area is 121 m2 which meets the minimum lot requirements of 60m2 per dwelling unit for an infill lot in the RD (Residential Downtown) Zone. WARD 2

Two (2) submissions of objection

- 6 - 2009-01-12

SJMC2009-01-12/19R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Coombs: That the application be approved.

The motion being put was carried with Councillor Duff dissenting.

2. A Discretionary Use Application has been submitted by Chad Warren & Sherry McHugh for a proposed Home Occupation at Civic No. 566-568 Thorburn Road. The proposed business will be an Automotive Detailing Shop which will operate 9:00 am to 5:00 pm, Monday to Friday. The Home Occupation will also include a snow clearing business. The business will be located in the accessory building located on the property, and the applicant will be the sole employee. The total proposed floor area for the business is 80m2. There will be 3 (three) parking spaces provided. A Home Occupation is a Discretionary Use in an accessory building in the RR (Rural Residential) Zone.WARD 4

SJMC2009-01-12/20R It was moved by Councillor Puddister; seconded by Councilor Hann: That the application be approved.

The motion being put was unanimously carried.

Development Committee Report dated January 6, 2009

Council considered the following Development Committee Report dated January 6, 2009:

RECOMMENDATION OF APPROVAL:

1. Proposed Eating Establishment Liquor License Portobello’s Restaurant Civic No. 115 Duckworth Street (Ward 2)

The Development Committee recommends that Council approve the above noted application.

Art Cheeseman, Chairperson Associate Commissioner/Director of Engineering

SJMC2009-01-12/21R It was moved by Councillor Duff; seconded by Councillor Hickman: That the Committee’s recommendation of approval be accepted.

The motion being put was unanimously carried.

- 7 - 2009-01-12

Tree Committee Report dated November 20th, 2008

Council considered the following Tree Committee Report dated November 20th, 2009:

Attendees: Jim Floyd, Chairperson, NL Association of Landscape Architects LeeAnn Montgomery, Clean & Beautiful Addison Bown, Grand Concourse Authority Eric Salter, Resident Representative Mike Murray, Landscape Newfoundland and Labrador Dave Blackmore, Director of Building & Property Management Ken O’Brien, Manager of Planning and Information Dave Evans, Senior Municipal Arborist Brian Head, Operations Assistant – Parks Paul Boundridge, Planning Coordinator Karen Chafe, Recording Secretary

1. Provincial Department of Natural Resources Representative The Committee welcomed Mr. Rod Hillyard, as the newest member of the Tree Committee, representing the Provincial Department of Natural Resources. Mr. Hillyard is the District Ecosystem Manager with the Department.

Council’s ratification of the membership of Rod Hillyard as representative for the Provincial Department of Natural Resources is hereby recommended.

Jim Floyd Chairperson

SJMC2009-01-12/22R It was moved by Councillor Duff; seconded by Councillor Hann: That the Committee’s recommendation be approved.

The motion being put was unanimously carried.

City of St. John’s 2007 Consolidated Financial Statements

The Director of Finance and City Treasurer reviewed the 2007 Consolidated Financial Statements and provided additional detail and explanation in a “Financial Statement Discussion and Analysis Paper”.

SJMC2009-01-12/23R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Hickman: That the City of St. John’s 2007 Consolidated Financial Statements be approved as presented.

The motion being put was unanimously carried. - 8 - 2009-01-12

Resolutions

Council considered a memorandum dated January 7, 2009 from the Director of Finance and City Treasurer regarding borrowing resolutions, for the Multi-Year Capital Works Program and for the Harbour Clean-Up Project.

SJMC2009-01-12/24R It was moved by Councillor Colbert; seconded by Councillor Galgay: That the following Resolution for the Multi-Year Capital Works Program be adopted:

RESOLUTION

WHEREAS the City of St. John’s Municipal Council is empowered under the provisions of the City of St. John’s (Loan) Act, 1978, as amended, to borrow money on the credit of the City subject to the approval of the Minister of Municipal Affairs;

AND WHEREAS the Council deems it advisable to borrow up to Twenty Four Million Dollars ($24,000,000) under the said Act for the purpose of interim financing of the City’s share of capital costs incurred under the 2008-2010 Multi-Year Capital Works Program and to seek the approval of the Minister of Municipal Affairs to borrow up to the said amount for the said purpose;

BE IT THEREFORE RESOLVED that the required approval of the Minister of Municipal Affairs be sought to borrow up to Twenty Four Million Dollars ($24,000,000) for the said purpose.

The motion being put was unanimously carried.

SJMC2009-01-12/25R It was moved by Councillor Colbert; seconded by Councillor Galgay: That the following Resolution for the Harbour Clean-Up Project be adopted:

RESOLUTION

WHEREAS the City of St. John’s Municipal Council is empowered under the provisions of the City of St. John’s (Loan) Act, 1978, as amended, to borrow money on the credit of the City subject to the approval of the Minister of Municipal Affairs;

- 10 - 2009-01-12

Building Permits List

SJMC2009-01-12/26R It was decided on motion of Councillor Duff; seconded by Councillor Hann: That the recommendation of the Director of Building and Property Management with respect to the following Building Permits List be approved:

2009/01/07 Permits List

CLASS: COMMERCIAL

57770 NEWFOUNDLAND & LABRADOR 207 KENMOUNT RD MS OFFICE PLAZACORP PROPERTY HOLDINGS 250 LEMARCHANT RD,SHOPPERS SN CLINIC VICTOR & BRENDA ROBERTS 515 KENMOUNT RD, FIREWORKS NC ACCESSORY BUILDING DAVE QUICK 16-72 HAMLYN RD - COUNTRY PET CO INDUSTRIAL USE CBC 95 UNIVERSITY AVE RN COMMUNICATIONS USE HOME ELEMENTS, INC. 15 GOLDSTONE ST - UNIT 5 CR RETAIL STORE PAR HOLDINGS LIMITED 120 LEMARCHANT RD, WASTE MGMT RN OFFICE BRETON SOLUTIONS INC. 40 QUIDI VIDI RD - SUITE 102 TI OFFICE

THIS WEEK $ 90,200.00 TO DATE $ 55,700,894.00

CLASS: INDUSTRIAL

THIS WEEK $ .00 TO DATE $ 2,685,000.00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00 TO DATE $ 43,140,635.00

CLASS: RESIDENTIAL

ERCO HOMES 23 KERR ST - LOT 40 NC SINGLE DETACHED DWELLING LIAM MURPHY 876 MAIN RD NC SINGLE DETACHED DWELLING STEADFAST CONTRACTING 7 PLOVER STREET, LOT 51 NC SINGLE DETACHED & SUB.APT SEAN & STEPHANIE COLFORD 1 GOODVIEW ST CR SUBSIDIARY APARTMENT LEONARD CLARKE 129-131 BOND ST RN SEMI-DETACHED DWELLING PAUL LEONARD 2 CABOT ST RN SEMI-DETACHED DWELLING ROBERT DALEY 13 MEEKER PL RN SEMI-DETACHED DWELLING GERALD PINSENT 60 PLEASANT ST RN TOWNHOUSING GREG BOYDE 27 GAMBIER ST SW SINGLE DETACHED & SUB.APT EDISON KING 5 STAMP'S LANE SN OFFICE

THIS WEEK $ 626,800.00 TO DATE $148,510,164.00 - 11 - 2009-01-12

CLASS: DEMOLITION

URBAN CONTRACTING J.J. WALSH 16 KEEGAN CRT DM TOWNHOUSING CIR MANAGEMENT LIMITED THE VILLAGE-430 TOPSAIL RD DM RETAIL STORE

THIS WEEK $ 57,500.00 TO DATE $ 1,875,900.00

THIS WEEK''S TOTAL: $ 774,500.00

TOTAL YEAR TO DATE: $251,912,593.00

REPAIR PERMITS ISSUED: 2009/01/01 TO 2009/01/07 $ 25,000.00 2007/12/13 TO 2009/01/07 $ 3,658,660.00 YTD

LEGEND

CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

Rejections:

8 Forest Road:

Application for signage at the above address rejected as contrary to Section 3.(2) of the City of St. John’s Sign By-Law (No sign shall be permitted on residential property).

232 Torbay Road:

Application to operate a Family Home Childcare Facility at the above referenced property has been rejected as contrary to Section 2 of the St. John’s Development Regulations as the proposed use does not conform to the definition of Family Home Childcare and therefore is not a permitted use in the R1 Zone

333 Freshwater Road:

Application to operate a Family Home Childcare Facility at the above referenced property has been rejected as contrary to Section 2 of the St. John’s Development Regulations as the proposed use does not conform to the definition of Family Home Childcare and is not a permitted use in the CH Zone.

- 12 - 2009-01-12

Payrolls and Accounts

SJMC2009-01-12/27R It was decided on motion of Councillor Duff; seconded by Councillor Hann: That the following Payrolls and Accounts for the week ending January 8, 2009 be approved as presented:

Weekly Payment Vouchers For The Week Ending January 8, 2009

PAYROLL Public Works $ 414,617.46 Bi-Weekly Amalgamation $ 502,735.31

Bi-Weekly Management $ 574,177.42 Bi-Weekly Administration $ 571,032.37

ACCOUNTS PAYABLE Cheque No. 141669 - 142006 $2,003,666.79

Total: $4,066,229.35

Notices of Motion

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to amend the Sign By-Law so as to provide that the exemption for non-illuminated real estate signs applies only to signs in place for less than one (1) year.

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to amend Section 3 of the Ward Boundaries By-Law so as to refer to the current, and therefore correct, number of Councillors.

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to repeal the No. of Councillors By-Law as this By-Law is superseded by the provisions of the City of St. John’s Act and is therefore redundant.

- 13 - 2009-01-12

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to amend Section 6 of the St. John’s Election Finance By-Law so as to clarify the provisions of this Section.

Phone Polls

SJMC2009-01-12/28R It was moved by Councillor Hickman; seconded by Councillor Hann: That the following Phone Poll be ratified:

Phone Poll Ratification – Travel by His Worship the Mayor to attend the FCM Big City Mayors’ Caucus , Ottawa, January 14-15, 2009

The motion being put was unanimously carried.

Travel Request by Councillor Hickman to attend Board Meeting of the Canadian Capital Cities Organization, Ottawa, February 11-13, 2009_

SJMC2009-01-12/29R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Hickman: That travel by Councillor Hickman to attend Board Meeting of the Canadian Capital Cities Organization, Ottawa, February 11-13, 2009, be approved.

The motion being put was unanimously.

Brookfield Plains Subdivision

Council considered a memorandum dated January 8th, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-01-12/30R It was moved by Deputy Mayor Ellsworth; seconded by Councillor Hann: That the recommendation of the Chief Commissioner and City Solicitor that the Mayor and City Clerk be authorized to execute the Quit Claim Deed with respect to Brookfield Plains Subdivision, be approved.

The motion being put was unanimously carried.

The Telegram Article – “Set aside pet time in public places”

In considering the above noted article, it was agreed that the City explore the possibility of designating space to allow dogs to be untethered, such as Pippy Park and other appropriate areas in the City. The matter was referred to the Parks and Recreation Committee as well as the Animal Control Committee for consideration.

- 14 - 2009-01-12

Councillor Coombs

Councillor Coombs noted that concern has been expressed to him that some businesses in the downtown are not keeping the sidewalks in front of their business free of snow and ice. It was noted that the City has a cost shared arrangement with the DDC to clear the sidewalks. However, this arrangement is solely for sidewalk snow clearing of 10 cm of snow or more and does not involve salting or sanding.

Councillor Galgay also noted that he received a similar complaint from a downtown business owner. Enforcement of the regulation governing salting and sanding of sidewalks by business owners was questioned and in this regard the matter was referred to staff.

Councillor Galgay referenced the Mayor’s attendance January 14, 2009 at the FCM Big Cities Mayors’ Caucus in Ottawa, and asked that he take advantage of the opportunity to bring forward the issue of affordable housing along with his list of capital projects, among others.

Councillor Puddister

Councillor Puddister pointed out to members of Council that if the City is to enforce the proper clearing of sidewalks in the downtown it has to be diligent in looking after those owned and controlled by the City.

Councillor Hickman

Councillor Hickman referenced the invitation from the Eastern School District to the 2008-11 Strategic Plan Presentation, January 13, 2009 and offered to attend the meeting on behalf of Council.

Councillor Colbert

Councillor Colbert asked for the following information as it relates to the City’s provision of parking enforcement on private parking lots:

- 15 - 2009-01-12

1. The names and addresses of all businesses/government agencies to which we provide the service.

2. A copy of the contract between the parties.

3. Are all contracts the same? Do they all operate the same? i.e, permits

4. Have we ever refused to provide the service to any business, if so, why?

5. The revenue that is generated from each of the lots (if this cannot be established then the total revenue will do)

6. The minutes of the meeting when Council approved this arrangement between the private businesses and the City.

7. What/who gives us the legal right to provide such a service?

Councillor Duff

Councillor Duff advised the general public that Council met today with the Architect, Mr. Philip Pratt regarding the George Street Redevelopment Study. She noted that it was never intended that the outdoor market be exclusive to farmers but to other vendors/multi-faceted. She noted that Council directed staff to provide information on sequencing the projects, provide cost estimates, and identify potential funding partners. That information, once compiled will be presented to Council at which time they will decide how they wish to proceed.

Councillor Duff also alluded to the importance of placing the issue of Affordable Housing on Federal Radar. She noted there has been a lot of concern across Canada over the years because the Federal government pulled out of its leadership role on Affordable Housing creating enormous deficit. Not only is capital funding needed, but also creative and sustained leadership, and financial investment from the Federal Government. She noted that when the Federal government was involved in such programs the greatest progress was made in making sure all Canadians have access to what is really a basic human right and that is, having decent, affordable housing.

Deputy Mayor Ellsworth

Deputy Mayor Ellsworth noted that sidewalk clearing was raised recently and referred to the Council/DDC/BIA Joint Council.

- 16 - 2009-01-12

Deputy Mayor Ellsworth referenced his request last week that staff provide a comparison of housing starts reflected in the figures presented in the January 2009 Economic Update. He advised that he was advised by staff that housing starts are on par with last year and that this type of information will be provided in a alternate format on a go forward basis.

His Worship the Mayor

His Worship the Mayor referenced a weekend article by the Telegram regarding a National Freedom of Information Audit. It noted that St. John’s ranked third-best out of 22 municipal governments across the country surveyed by the Canadian Newspaper Association, garnering a grade of B. The Mayor commended and thanked staff on their handling of information requests.

Adjournment

There being no further business, the meeting adjourned at 6:00 p.m.

______MAYOR

______C ITY CLERK January 26, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

Mayor Dennis O’Keefe presided.

There were present also Deputy Mayor Ellsworth, Councillors Duff, Colbert, Hickman, Hann, Puddister, Galgay, Coombs, Hanlon and Collins

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Corporate Services and City Clerk, the Associate Commissioner/Director of Engineering, the Director of Planning, and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2009-01-26/49R It was decided on motion of Councillor Coombs; seconded by Councillor Hanlon: That the Agenda be adopted as presented with the following additional items:

a. Travel request for His Worship the Mayor to Vancouver, March 27 to 29, 2009 to attend the 2009 Junos

b. Email from Councillor Puddister re 62 Major’s Path

Adoption of Minutes

SJMC2009-01-19/50R It was decided on motion of Councillor Duff; seconded by Councillor Galgay: That the Minutes of the January 19th, 2009 meeting be adopted as presented.

Business Arising

Notice of Motion – Councillor Collins - St. John’s Electrical By-Law

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SJMC2009-01-26/51R Pursuant to Notice of Motion, it was moved by Councillor Collins; seconded by Councillor Hann: That the following St. John’s Electrical By-Law (Amendment No. 2 – 2009) be adopted:

BY-LAW NO.

ST. JOHN’S ELECTRICAL BY-LAW (AMENDMENT NO 2 – 2009) BY-LAW

PASSED BY COUNCIL ON January 26, 2009

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law.

BY-LAW

1. This By-Law may be cited as the “St. John’s Electrical By-Law (Amendment No. 2 – 2009) By-Law.

2. Section 14 of The St. John’s Electrical By-Law is repealed and the following substituted:

“14. (1) Any person desiring to cover or obstruct access to any electrical work or installation with material or construction of any kind shall notify the Inspector and apply for an inspection and certificate.

(2) No person shall cover or obstruct access to any electrical work or installation which has not been inspected and approved by the Inspector.

IN WITNESS WHEREOF the Seal of the City of St. John’s was hereunto affixed and this By-Law was signed by the Mayor and City Clerk this 26th day of January, 2009.

MAYOR

CITY CLERK

The motion being put was unanimously carried.

- 3 - 2009-01-26

Committee on the Streamlining of Council Meetings

Under business arising, Council considered the following Report on the Streamlining of Council Meetings. Attendees: Mayor Dennis O’Keefe, Chairperson Councillor Shannie Duff Councillor Frank Galgay Councillor Tom Hann Councillor Debbie Hanlon Ron Penney, Chief Commissioner/City Solicitor Neil Martin, Associate Commissioner/Director of Corporate Services & City Clerk Karen Chafe, Recording Secretary

Report:

The Committee reviewed the report adopted by Council in March of 1998 on the Streamlining of Council Meetings. The summary of those recommendations is outlined in the following table in the left column. The suggested revisions proposed during today’s meeting are in the right column:

March 1998 Recommendation: New Recommendation/ Proposed Change (if any)

1. Delegations: New Recommendation: The Committee recommends that The Committee recommends that the number of commencing immediately, all delegations delegations meeting with Council be limited to a will meet with Council on Tuesdays at 3:30 maximum of one delegation per meeting, except p.m. or Wednesdays at 3:30 p.m. in the event in exceptional cases as determined by the City of a statutory holiday. Clerk. These meetings will precede the regular weekly council meetings and will be held at 3:30 p m., except in rare exceptional cases where an earlier timeframe is required.

2. Memorials: New Recommendation: The Committee recommends that memorials Status Quo be submitted to the City Clerk by members of Council. A list will be prepared for the Mayor to acknowledge at each meeting.

3 (a) Going Around the Council Table: New Recommendation: Correspondence/Requests from Status Quo Constituents: The Committee recommends that such

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March 1998 Recommendation: New Recommendation/ Proposed Change (if any) requests be directly forwarded by the Council member to appropriate Department Heads for action. (The Committee notes, however, that if appropriate action is not taken within a reasonable period of time that the member of Council bring the issue to Council for consideration and action.)

3 (b) Representing Council at Various Events New Recommendation: Throughout the City: Status Quo The Committee recommends that since their presence at each function represents Council’s acknowledgement, there is no commentary required on same at the Public meeting.

3 (c ) Petitions: New Recommendation: The Committee recommends that when a Status Quo with the following addition: member of Council tables a petition that In cases where the prayer of the petition is he/she read only the “prayer of the petition” extraordinary in length, it should be précised and and refer it to the appropriate Department or that the Councillor reading the petition should Committee of Council for consideration. state only the principles of the prayer and not its verbatim contents.

4. Committee Reports: New Recommendation: The Committee recommends that once a The Committee recommends that the Rules of Committee Report is before Council, it be Procedure be adhered to during deliberation on moved and seconded, and that it be each Committee report, in that there be a five highlighted only in areas where the reporting minute limitation on discussion per Councillor, Committee Chair feels there is an issue or per each motion related to that report. In this issues that require additional discussion. regard, the City Clerk will investigate timing mechanisms for use in the Council chamber to (The Committee notes, however, that any facilitate this rule. member of Council is free to discuss any issue(s) on any Committee Report if they In order to accommodate more discussion time, feel there is a need.) Councillors wishing to address a specific recommendation within these reports should deal The Committee suggests that unless there are with that item as a separate motion. Questions controversial or sensitive issues, Committee on each recommendation should be addressed to Reports should be accepted without much the Committee Chairperson. debate.

5. Debating Matters Before Council: New Recommendation: The Committee suggests that when three Eliminate this recommendation. speakers have spoken in a row for or against an issue that His Worship the Mayor ask if there is any new information or request those members of Council with an opposing position to share their point of view. Should

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March 1998 Recommendation: New Recommendation/ Proposed Change (if any) none be forthcoming, the Committee suggests the Chair go straight to putting the question. (This may not always work but it was suggested that in many cases it would cut down on unnecessary discussion).

6. Meeting Times New Recommendation: The Committee recommends that on Council Status Quo (see item # 1 for exceptional cases). day, the Private Meeting of Council commence at 3:30 p.m. followed by the Regular Meeting at 4:30 p.m.

7. Tenders: New Recommendation: The Committee felt that there was no need to Status Quo. read each tender out and that all that is required is a motion (mover and seconder) to accept the tenders.

8. Items Added to Agenda at Meetings: New Recommendation: The Committee recommends that adding The Committee recommends that any items to be items to the Special or Regular meetings be added to the agenda should only be permitted in discontinued. Such items would be exceptional circumstances, to be determined by considered the following week. (Only items the City Clerk and based on the extent of that are absolutely necessary and agreed to urgency or time sensitivity. Such items must be by the Mayor should be considered). received by the City Clerk no later than 1:00 p m. on the day of the meeting, who shall then distribute the item to Council electronically.

9. Correspondence Section 15 Regular New Recommendation: Agenda: The Committee recommends that matters of The Committee recommends that only extraordinary public importance may be included correspondence which requires a decision of in the Correspondence Section 13 (previously Council be placed in the agenda. section 15) of the Regular Agenda, at the discretion of the Mayor. Any councillors wishing to add such items must do so under the Mayor’s authorization.

10. Courtesy to a Councillor While Speaking: New Recommendation: The Committee recommends that each Status Quo. member of Council be given the courtesy to speak uninterrupted when recognized by the Chair and that “idle chatter” from other members of Council be kept to a minimum.

11. New Business: New Recommendation: When a member wishes to bring an issue Status Quo before Council which he/she considers

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March 1998 Recommendation: New Recommendation/ Proposed Change (if any) worthy of discussion/debate, that the Councillor commence with a motion, which is to be duly seconded. Once this takes place, the issue can be fully debated. This procedure would eliminate a lot of unnecessary discussion in the beginning.

12. New Recommendation re: Electronic Devices The Committee recommends that the use of electronic devices such as cell phones and blackberries be strictly prohibited from Council and Committee meetings.

The Committee hereby recommends approval of the revised recommendations noted above in the right column.

Mayor Dennis O’Keefe Chairperson

SJMC2009-01-26/52R It was moved by Councillor Duff; seconded by Councillor Hann: That the report be adopted as presented.

During discussion Councillor Puddister referred to Item 4 of the report and suggested that the Committee Chair be given a certain amount of latitude to present a full committee report. It was noted that there is that flexibility in the guidelines.

Councillor Coombs asked that the guidelines also include a recommendation that the Chair can, at his or her discretion, call for an opposing point of view after three people have spoken in favour of a motion. Council concurred.

Following discussion, the motion to adopted the report, including the recommendation proposed by Councillor Coombs, was carried.

Notices Published

1. An Extension of a Non-Conforming Use Application has been submitted by Waypoints for permission to construct an extension of approximately 125.3m2 for

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additional living space and an additional subsidiary apartment in the basement, for the existing group home located at Civic No. 62 Major’s Path. The existing building is approximately 125 m2, and the proposed extension is 9m x 14m at the rear. It is located in the Commercial Industrial (CI) Zone. (WARD 1)

One (1) submission of concern Email to Councillor Puddister from the Director of Planning re 62 Major’s Path Group Home Extension Email from Councillor Puddister in support of a request from Ms. Geraldine Mahon of 68 Beaufort Street that the application be approved with the condition that a privacy fence is built per City specifications.

SJMC2009-01-26/53R It was moved by Councillor Puddister; seconded by Councillor Hann: That the application be approved on condition that the applicant is required to construct a privacy fence along the property line per City specifications.

The motion being put was unanimously carried.

2. A Discretionary Use Application has been submitted by MBM Development requesting permission to construct and operate a Paramedicine and Medical Transport Satellite Base on the site of the Eastern Health Outpatient Clinics (now under construction) located at 35 Major’s Path. The proposed building will be one (1) storey in height and approximately 200 m² in building area. The building will house two (2) ambulances and be staffed by two (2) paramedics/ambulance attendants on a 24 hour basis. With respect to the operation of sirens, Eastern Health has advised that “Paramedics will activate sirens only when there is a requirement to alert traffic to clear the roadway. Audible warning devices are only activated for emergency call dispatches and only when there is traffic that needs to clear the roadway – for example, at 3:00 am there will likely be no traffic therefore there would be no siren use, versus 3:00 pm when the roadway is busy there would be siren use.” (WARD 1)

One (1) submission of concern

SJMC2009-01-26/54R It was moved by Councillor Puddister; seconded by Councillor Collins: That the application be approved

The motion being put was unanimously carried.

3. A Change of Non-Conforming Use Application has been submitted by Memory Lane Limited requesting permission to convert Civic No. 135 Campbell Avenue (the former Italian Pizza Market) to an Office Building for a law firm. There will be 20 on-

- 8 - 2009-01-26 site parking spaces provided for the business. It is located in the Residential Medium Density (R2) Zone. (WARD 2)

SJMC2009-01-26/55R It was moved by Councillor Puddister; seconded by Councillor Galgay: That the application be approved

The motion being put was unanimously carried.

Heritage Advisory Committee Report dated January 20th, 2009

Council considered the following Heritage Advisory Committee Report dated January 20th, 2009: Attendees: Councillor Shannie Duff, Chairperson Deputy Mayor Ron Ellsworth Anne Hart, Resident Representative Debbie O’Rielly, Heritage Foundation of NL Gerard Hayes, Resident Representative Robyn Pike, Newfoundland Historic Trust Neil Hardy, Downtown Development Commission Ken O’Brien, Manager of Planning & Information Peter Mercer, Heritage Officer Helen Miller, Archivist Karen Chafe, Recording Secretary

1. The Murmur Project The Committee met with Dale Jarvis and Chris Brooks to discuss their proposal for the Murmur Project which is an audio heritage project intended to take place during the Spring of this year on Water St. The concept is basically a documentation of oral history relating to specific geographic locations, wherein a “murmur” sign with a telephone number on it is installed in specific locations so that anyone can call with a mobile phone to listen to that story while standing in that exact spot, and engaging in the physical experience of being right where the story takes place. Funding has already been approved for this project through the City’s arts grant process as well as the Newfoundland and Labrador Arts Council. Messrs. Jarvis and Brooks have requested the Committee’s feedback about the signs and whether there is any issue with the signs pursuant to the City’s Heritage Regulations.

The Committee expressed support for the idea but suggested that the project organizers may wish to consult with the City’s Transportation Engineer to ensure that the signs do not contravene any regulatory requirements. They may also wish to contact Newfoundland Power

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to ascertain whether or not they would have any issues with the use of their poles for this project.

2. Certificates of Recognition for Outstanding Work on Buildings in Heritage Areas The Committee reviewed the proposal for the above noted program as prepared by Margaret Donovan, Tourism Industry Coordinator with the Dept. of Economic Development, Tourism & Culture.

The Committee recommends approval of the establishment of a Recognition Program for Outstanding Work on Buildings in Heritage Areas, and that a small annual budget of $300 be approved to cover the costs of framing for these certificates. The Committee further recommends that a number of properties be identified for recognition and that the property owners of each be presented with a certificate of recognition during the public meeting of Council on February 16th, 2009 to coincide with Heritage Day

3. 362 Water St. (Designated Heritage Building) The Committee considered an application for signage at 362 Water St. The building is a heritage designated building.

The Committee recommends that the proposed backlit fascia sign be rejected. This is a Designated Heritage Building and is also located in a high profile area at the gateway to the Water Street business area. The Committee notes that this building has an existing heritage signage band and that any signage that is to be installed should complement this Architectural Feature and not cover it.

It is recommended that the applicant resubmit with signage that compliments the existing signage band and building. Individual letters and logos applied directly to the signage band complete with external lighting would be an excellent choice of signage for this building. There are several good examples of this type of signage within the Heritage Areas; The Shanghai - 210 Water Street, The Celtic Hearth - 296 Water Street, Coffee Matters Too - 320 Water Street, Shamrock City - Economic Development, Tourism & Culture City of St. John's - 348 Water Street, Roebothan McKay Marshall - 205 Duckworth Street, Richard Steele Gallery - 63 Harvey Road, and Stella's Circle - 140 Military Road.

4. Proposed Revisions to Heritage Area Sign By-Law The Heritage Officer has requested that the Committee consider revision to the Heritage Area Sign By-Law as it relates to the limiting and size of real estate signs on properties for sale or rent, such as condominiums. The Heritage Area sign by-law states that three square meters is permitted while the general Sign By-

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PETER'S PIZZA 431-435 MAIN RD MS TAKE-OUT FOOD SERVICE ESSENTIAL CHIROPRATIC 119 NEW COVE RD MS CLINIC CANTON RESTAURANT 200-232 NEWFOUNDLAND DR MS RESTAURANT FURR FACTORY 71 O'LEARY AVE MS RETAIL STORE SIGNAL HOBBIES 36 PEARSON ST MS RETAIL STORE SOBEYS CAPITAL LTD. 36 PEARSON ST, NEEDS MS CONVENIENCE STORE KEIBRIDAN ENTERPRISES INC. 279 PORTUGAL COVE RD MS COMMERCIAL SCHOOL JUMBO VIDEO #46 20 ROPEWALK LANE MS RETAIL STORE STAND 'N' TAN LIMITED 20 ROPEWALK LANE MS SERVICE SHOP RRG FITNESS CENTERS INC. 117 ROPEWALK LANE CURVES MS CLUB IRVING OIL MARKETING LIMITED 2 STAVANGER DR MS RETAIL STORE PC MEDIC INCORPORATED 16 STAVANGER DR MS RETAIL STORE ARIZONA HEAT INC. 386 STAVANGER DR MS SERVICE SHOP MUSIC CITY 15-27 STAVANGER DR MS RETAIL STORE TOPSAIL BILLIARD INC. 681 TOPSAIL RD MS PLACE OF AMUSEMENT LEGROWS TRAVEL 10 ELIZABETH AVE MS OFFICE PLAY IT AGAIN SPORTS TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE PIZZA EXPRESS LIMITED TORBAY ROAD-TORBAY RD MALL MS RESTAURANT PIZZA EXPRESS LIMITED TORBAY ROAD-TORBAY RD MALL MS RESTAURANT MEGA WRAPS 585 TORBAY RD MS RESTAURANT MUSIC CITY 278B WATERFORD BRIDGE RD MS RETAIL STORE PUDDISTER ENGINEERING LIMITED 27 SPRINGDALE ST RN WAREHOUSE LESTER FARMS INC. 90 PEARLTOWN RD, PETTING BARN NC AGRICULTURE OTHER OCEAN INTERACTIVE 146-152 WATER STREET CR OFFICE ECLIPSE STORE INC. 50 KENMOUNT RD RN RETAIL STORE CHATTERS CANADA LIMITED 98 ABERDEEN AVE RN SERVICE SHOP JOHNSTONES INC 13-15 DUFFY PL, JOHNSTONES INC CR OFFICE

THIS WEEK $ 399,300.00 TO DATE $ 56,284,085.00

CLASS: INDUSTRIAL

THIS WEEK $ .00 TO DATE $ 2,685,000.00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00 TO DATE $ 43,315,635.00

CLASS: RESIDENTIAL

KARWOOD CONTRACTING LTD. 11 SPRUCE GROVE AVE, LOT 116 NC SINGLE DETACHED dWELLING CLOVER CONSTRUCTION INC. 18 CARIBOU PL - LOT 9 NC SINGLE DETACHED & SUB.APT HANLEY CONSTRUCTION 38 GREAT EASTERN AVE - LOT 63 NC SINGLE DETACHED DWELLING HANLEY CONSTRUCTION 40 GREAT EASTERN AVE, LOT 64 NC SINGLE DETACHED DWELLING HANLEY CONSTRUCTION 42 GREAT EASTERN AVE - LOT 65 NC SINGLE DETACHED DWELLING STEVEN DUNCAN 118 MILITARY RD NC SINGLE DETACHED DWELLING TREVOR JAMES PIKE 201 PENNYWELL RD NC PATIO DECK MODERN HOMES LTD 9 PLOVER ST, LOT 52 NC SINGLE DETACHED & SUB.APT KRIS KNIGHT 117 TOPSAIL RD NC PATIO DECK MICHAEL BROWNE 16 WALSH'S LANE, LOT 2 NC SINGLE DETACHED DWELLING MARCEL LEDREW 50 BARTON'S RD EX SINGLE DETACHED DWELLING RODRIGUE GERARD BYRNE 18 BRISTOL ST RN SINGLE DETACHED DWELLING JOSEPH GAMBA 19 CABOT ST RN SINGLE DETACHED & SUB.APT CYNTHIA SNOW 61 CALVER AVE RN SEMI-DETACHED DWELLING FLORENCE SIMMONS 148 CAMPBELL AVE RN APARTMENT BUILDING

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LEROY MYLES/LAURA CANDOW 171 KENMOUNT RD RN SINGLE DETACHED DWELLING DOUGLAS J. MARKS & 7 KERSHAW PL RN SINGLE DETACHED DWELLING TREVOR JAMES PIKE 201 PENNYWELL RD RN SINGLE DETACHED DWELLING DOUGLAS JACKSON 102 QUEEN'S RD RN TOWNHOUSING NFLD. & LAB HOUSING CORP BLDG.11 WIGMORE CRT RN APARTMENT BUILDING BRENT CHARLES 10 HATCHER ST SW SINGLE DETACHED DWELLING

THIS WEEK $ 1,336,775.00 TO DATE $150,916,854.00

CLASS: DEMOLITION

NOTUS ELECTRONICS 391-395 EMPIRE AVE DM OFFICE CHARLES R. BELL LIMITED 81 KENMOUNT RD DM OFFICE

THIS WEEK $ 17,000.00 TO DATE $ 1,902,900.00

THIS WEEK''S TOTAL: $ 1,753,075.00

TOTAL YEAR TO DATE: $255,104,474.00

REPAIR PERMITS ISSUED: 2009/01/15 TO 2009/01/21 $ 1,000.00 2007/12/13 TO 2009/01/21 $ 3,672,660.00 YTD

LEGEND

CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

Payrolls and Accounts

SJMC2009-01-26/58R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the week ending January 22, 2009 be approved as presented:

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Weekly Payment Vouchers For The Week Ending January 22, 2009

PAYROLL

Public Works $ 383,283.59

Bi-Weekly Amalgamation $ 461,380.41

Bi-Weekly Management $ 577,800.28

Bi-Weekly Administration $ 561,534.83

ACCOUNTS PAYABLE

Cheque No. 142275 - 142581 $2,519,184.15

Total: $4,503,183.26

Kenmount Road – Barbara Ann Williams

Council considered a memorandum dated January 21, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-01-26/59R It was moved by Councillor Puddister; seconded by Councillor Coombs: That the recommendation of the Chief Commissioner and City Solicitor that the deal negotiated with Mrs. Williams whereby the City would acquire her entire parcel of land (the expropriated portions plus her remaining lands) at Kenmount Road, for $103,000.00 plus legal fees, the developer to reimburse the City in this amount, provided the City will convey the remaining lands to it, to include in the development, be approved.

The motion being put was unanimously carried.

CAMA Annual Meetings, Whistler, May 31 to June 3, 2009

Council considered a memorandum dated January 22, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

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SJMC2009-01-26/60R It was moved by Councillor Galgay; seconded by Councillor Colbert: That travel by the Chief Commissioner and City Solicitor to Whistler, May 31 to June 3, 2009 to attend the CAMA Annual Meetings, be approved

The motion being put was unanimously carried.

Travel by His Worship the Mayor

SJMC2009-01-26/61R It was moved by Councillor Galgay; seconded by Councillor Colbert: That travel by His Worship the Mayor to Vancouver, March 27 to 29, 2009 to attend the 2009 Junos, be approved.

The motion being put was unanimously carried.

Quarterly Travel Report – Memorandum dated Jan 22/2009 from the Director of Finance and City Treasurer

Council considered as information the quarterly Travel Report for the fourth quarter of 2008 in accordance with the Freedom of Information By-Law.

Snow Clearing Report

Council considered a memorandum dated January 22, 2009 from the Director of Finance and City Treasurer regarding the snow clearing report for the period January 1 to 23, 2009 showing a negative variance of $213,780.

Economic Review 2008

Council considered as information the 2008 Economic Review.

City of St. John’s Appointee to the St. John’s Port Authority Board of Directors

Council considered a letter dated January 22, 2009 from Mr. Sean Hanrahan, LLB., President and CEO, St. John’s Port Authority.

SJMC2009-01-26/62R It was moved by Councillor Duff; seconded by Councillor Colbert: That Mr. Kevin Breen be reappointed as the City of St. John’s Appointee to the St. John’s Port Authority Board of Directors for a second three-year term.

The motion being put was unanimously carried.

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Deputy Mayor Ellsworth

Deputy Mayor Ellsworth asked if cost estimates for the East West Arterial have been updated. The Chief Commissioner and City Solicitor advised that he has had discussions with Provincial officials in this regard and they are in the process of preparing the latest cost estimates.

Councillor Colbert

Councillor Colbert thanked the Chief Commissioner and City Solicitor and Sheena McCrate, Senior Manager of Sales and Marketing, Mile One Stadium, for quick response on short notice in accommodating, at Mile One Stadium, a St. John’s Minor Hockey Team, one of thirteen teams selected from across the Country to be part of Hockey Night in Canada during Minor Hockey week, thereby showcasing Mile One to the nation.

Councillor Colbert referenced a commentary contained in The Telegram concerning “bird hits” which indicated that acccording to Transport Canada statistics our Airport has the second highest “bird hits” runway in Canada. He asked if there is anything more the City can do to enhance the mitigation of this problem at Robin Hood Bay to ensure the safety of the airlines.

The Chief Commissioner and City Solictior advised that the City met a number of times over the last three years with the Airport and Transport Canada officials and a Joint Wildlife Management Plan was developed. He also noted that the City is carrying out a major retrofit of Robin Hood Bay of which the Airport and Transport Canada officials are very supportive. It is hoped the situation will improve as the retrofitting continues.

Councillor Hickman

Councillor Hickman reminded the general public that the City of St. John's will host an information session concerning the new application process for funding to special events and festivals. This information session will be held on Tuesday, January 27, from 7 pm - 9 pm in the E. B. Foran/Greene Room.

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Councillor Hickman expressed concern about the icy conditions of sidewalks and was advised by the Associate Commissioner/Director of Engineering that the matter will be discussed at the next meeting of the Public Works Committee.

Councillor Hanlon

Councillor Hanlon reminded the general public of the public meeting to be held on the proposed Hotel Development, Civic Number 123 Water Street, January 29, 2009 in the Foran/Green Room at 7 p.m.

Councillor Collins

Councillor Collins reminded residents of the Goulds that tenders will be called for the Doolings Line upgrading work some time in March.

Adjournment

There being no further business, the meeting adjourned at 5:30 p.m.

______MAYOR

______CITY CLERK March 17th, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

Acting Mayor Ellsworth presided.

There were present also Councillors Colbert, Hickman, Hann, Puddister, Galgay, Coombs, Hanlon and Collins.

Regrets: Mayor O’Keefe and Councillor Duff.

The Chief Commissioner and City Solicitor, the Director of Planning, Manager, Corporate Secretariat and Recording Secretary were also in attendance.

Moment of Silence

Acting Mayor Ellsworth called for a moment of silence in honor of the seventeen souls who lost their lives in the helicopter crash which occurred on Thursday, March 12th, 2009.

Call to Order and Adoption of the Agenda

SJMC2009-03-17/149R It was decided on motion of Councillor Galgay; seconded by Councillor Collins: That the Agenda be adopted as presented with the following additional items.

a. Letter from Sharon Jeans, Executive Director, The Fluvarium, requesting that the City purchase a Corporate table in support of the Quidi Vidi/ Rennie’s River Development Foundation’s and the Elaine Dobbin Centre for Autism joint fundraiser, Spring Soiree, March 21st , 2009.

b. Memorandum dated March 17, 2009 from the Director of Planning re Southlands Area (Ward 5) & Southwest Development Area (Wards 3 and 4)

c. Tender - Exterior Renovations, Non-Profit Housing Sites – McNeil Street, Mundy Pond Road & Queen’s Road

d. Mayor’s Advisory Committee on Seniors Report dated March 6th, 2009

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Adoption of Minutes

SJMC2009-03-17/150R It was decided on motion of Councillor Hickman; seconded by Councillor Hann: That the Minutes of the March 9th, 2009 meeting be adopted as presented.

Business Arising

Proposed Text Amendment St. John’s Development Regulations, Eating Establishments

Under business arising, Council considered a memorandum dated March 10th, 2009 from the Director of Planning regarding the above noted.

SJMC2009-03-17/151 It was moved by Councillor Colbert; seconded by Councillor Coombs: That the following Resolution for the St. John’s Development Regulations Amendment number 452, 2009 be adopted, which will then be referred to the Department of Municipal Affairs with a request for Provincial registration in accordance with the requirements of the Urban and Rural Planning Act:

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 452, 2009

WHEREAS the City of St. John’s wishes to modify the provisions of the St. John’s Development Regulations respecting “Eating Establishments”.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following text amendment to the St. John’s Development Regulations, pursuant to the provisions of the Urban and Rural Planning Act:

Repeal Section 7.22 (“Taverns and Eating Establishments”) and substitute the following new section.

“7.22 Taverns and Eating Establishments

(1) No Tavern shall be permitted within 50 metres of the Newfoundland War Memorial; (2) No Tavern or Eating Establishment shall be permitted on the property situate between Airport Road and Portugal Cove Road which property was the subject of St. John’s Development Regulations Amendment Number 325, 2004; (3) An application for a Tavern shall be processed as a Discretionary Use where a Tavern is proposed to be located within 150 metres of a Church, a School or a Residential Zone; and (4) An application for an outdoor eating area and/or a drive-thru associated with

- 3 - 2009-03-17

an Eating Establishment shall be processed as a Discretionary Use where the Eating Establishment is located within 150 metres of a Church, a School or a Residential Zone.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirement of the Urban and Rural Planning Act.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of the City of St. John’s this 17th day of March, 2009.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act. Mayor

Acting City Clerk

MCIP stamp and signature Provincial Registration

The motion being put was unanimously carried.

Notices Published

1. A Discretionary Use Application has been submitted by Brian Mullowney requesting permission to construct one (1) Infill Housing Unit at Civic No. 151 Pleasant Street. The proposed unit will attach to the east side of the existing dwelling. One (1) additional on-site parking space will be created from this development. (Ward 2)

(This application has been withdrawn) Letter from Mr. Brian Mullowney, March 9, 2009

2. A Variance of Nonconformity Application has been submitted by Advanced Auto Works and Detail Centre requesting permission to construct a 30 m2 (320 ft2 ) building to the north side of the subject property at Civic Number 413 Bay Bulls Road. The purpose of the extension is to accommodate office and storage use. (Ward 5)

SJMC2009-03-17/152R It was decided on motion of Councillor Collins; seconded by Councillor Puddister: That the application be approved.

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Development Committee Report dated March 10th, 2009

Council considered the following Development Committee Report dated March 10th, 2009:

RECOMMENDATION OF REJECTION:

1. Proposed Residential Dwelling Mr. James Whitten Civic No. 62-92 King’s Hill Road Town of Portugal Cove-St. Philips Broad Cove River Watershed

The Development Committee recommends that Council reject the above noted application pursuant to Section 104(4)(d) of the City of St. John’s Act.

Art Cheeseman, Chairperson Associate Commissioner/Director of Engineering

SJMC2009-03-17/153R It was decided on motion of Councillor Hann; seconded by Councillor Hanlon: That the Committee’s recommendation of rejection be approved.

Audit Committee Report dated March 3rd , 2009

Council considered the following Audit Committee Report dated March 3rd, 2009:

In Attendance: Councillor Debbie Hanlon, Chairperson Councillor Shannie Duff Councillor Tom Hann Councillor Art Puddister Mr. Ron Penney, Chief Commissioner & City Solicitor Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Kevin Breen, Director of Human Resources Mr. Carl Keeping, Manager of Budgetary Services Ms. Diane Winsor, Manager of Employee Relations Mr. Jason Silver, City Internal Auditor Mr. Sean Janes, Auditor I Ms. Kelly Butler, Recording Secretary

1. Internal Audit Report – Department of Human Resources – Follow Up: Leave Management Program (Assignment No. 08-04) The Committee considered the attached report and reviewed a presentation by Mr. Silver which highlighted the report’s main points.

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Mr. Silver advised that the initial review was completed in May 2006. At that time, a number of recommendations were made to management. The purpose of the follow up report is to ascertain if the risks previously identified have been adequately addressed. The two main areas of the review and their recommendations are noted below:

1.1 Employee Leave Policies 1.1.1 Communication of Policies

Recommendation 1.1 The leave management program should be continued and adapted over time to address or focus on specific issues that may arise relating to leave and leave management. As a part of this program, information sessions, like the ones held in the past, should be conducted on a regular basis to ensure managers and supervisors are educated on the most recent leave policies. In addition, we suggest that once the department has the ability to capture cost and further detail with the planned implementation of new software that these sessions should include that detail to inform the various divisions.

We would also suggest that incidents where employees forfeit annual leave should be identified with the reason for this forfeiture evaluated on a case by case basis to ensure risk to the City is minimized.

2.1 Leave Statistics 2.1.1 Sick Leave Trends 2.1.2 System Limitations 2.1.3 Workers Compensation Results

Recommendation 2.1

We recommend that the Human Resources Department continue to compile, analyze, interpret and report information on leave across the City. The interpretation of the results to assist in refocusing efforts will be key to maintaining and possibly improving program effectiveness.

Mr. Silver advised that management has reviewed the report and agrees with the recommendations made.

A brief discussion ensued regarding the issue of employees forfeiting annual leave, with it being noted that employees are only permitted to carry twice their annual leave allotment. If there is any leave in excess of that amount, arrangements should be made with employee’s supervisor to take the leave as soon as possible so that it is not forfeited. Directors are allowed to carry over their annual leave with no maximum because it is oftentimes difficult for Directors to take the annual leave they are entitled to. With respect to the issue of sick leave trends, the City’s sick leave figures are relatively consistent with its comparators, however, the figures for 2007 indicated that sick leave increased from the

- 6 - 2009-03-17 previous years. The Director of Human Resources noted that in 2007, leave figures indicated that leave for the Management Group appeared to increase. He noted that there were a couple of employees within that group who had to deal with serious health issues, and this skewed the statistics. Overall, management sick leave is fairly low.

Following the discussion, the Committee recommended:

That the attached report and its recommendations on the City’s Leave Management Program be adopted as presented.

2. Internal Audit Report – Department of Finance – Program Review: Budget Process (Assignment No. 09-01) The Committee considered the attached report and reviewed a presentation by Mr. Silver which highlighted the report’s main points.

Mr. Silver advised that the review entailed research on the current budgetary process and on the Government Finance Officers Association (GFOA) budget best practices. Most of the research into the current budgetary process was based on examination of the City’s 2009 budget process and was conducted through direct observation, review of budget documents and interviews with key stakeholders that were directly involved in the process in order to help identify key inputs and outputs of the budget process and to assess each for relative importance, risk and for effectiveness as part of the City’s overall fiscal management framework. The report’s recommendations are as follows:

Recommendation #1 While the City’s budget process is well understood by most and clearly laid out through the Fiscal & Service Strategy and the annual Operating Budget Guidelines, turnover in both staff and Council can result in some individuals not understanding the process or some components of the process. As a part of the City’s ERP implementation system, training is planned to show everyone involved in the process how to use the new software being implemented. As a part of this training, the elements of the budget process and the key controls over the budget process should be re-communicated to all involved in the process. In addition, any changes in the process should be clearly outlined to ensure that the budget is prepared on a consistent basis and that everyone involved in the budget preparation and approval process is aware of their roles and responsibilities. Consideration could also be given to holding similar sessions on a regular, recurring basis (i.e. every few years).

Recommendation #2 Consideration should be given to adapting the current modified zero-based budgeting process in order to allow for the regular review by Council and the Senior Management Team of all service levels, including those approved by Council in prior years. This review should also focus on evaluating whether service levels are being broken down into sufficient detail to show the impact of Council decisions on the City’s operations and to help focus the decision-making process. This would

- 7 - 2009-03-17

likely lead to an improved understanding of both the budget and operations on the part of Council, while also allowing for the adaptation of the identified priorities of taxpayers if or when they occur. If resources are not available to review all programs on an annual basis, consideration could be given to conducting a more in depth review of service levels on a rotating basis, so that all programs would be reviewed within a predetermined time period. In addition to reviewing all service levels, different options, along with their implications on the City’s operations and budget could be presented and discussed as a part of these regular service level reviews, again enhancing the understanding of the City’s operations by all involved.

Recommendation #3 To help focus Council deliberations on the annual budget, the ranking process should be altered to provide some separation between manageable and unavoidable costs. Unavoidable costs could be contractual or statutory in nature and really do not need to be discussed at this point in the budget process. This would allow the decision making process to focus on service levels where discretion is available on whether to provide them or at what level they should be provided. It should be noted that some costs are unavoidable in the short term (i.e. in the next year) but are management in the long term. These could be discussed during the more detailed review of service levels (per Recommendation #2) as opposed to during the deliberations on the final ranking as provided by staff to Council.

Recommendation #4 Time should be allocated during the budget deliberation process to discuss the long- term revenue and expenditure projections, along with the impact current budgetary decisions will have on these projections. This would help connect the budget deliberations to the City’s long-term strategic plans, building on elements already present in the City’s current budgetary process.

Recommendation #5 Budgetary controls, such as performance measurement and variance analysis could be enhanced by holding an annual budget performance review whereby Council and the City’s Senior Management Team would review explanations for significant budget variances along with performance measures for all departments and divisions of the City to evaluate whether goals and objectives are being met with the planned spending levels. This review session would be held just prior to the commencement of the budget process for the following year to help provide a better understanding of City operations before embarking on the decision making process for the upcoming year. Reporting could also be provided to the public as part of the City’s new public consultation process to enhance taxpayer understanding of the City’s operations and its budget process and to enhance transparency and accountability. It should be noted that these elements are already either present or being developed as part of the current budget system, but combining them into either one or a short series of review sessions would help bring all elements of the big picture together for management, Councillors and the public.

- 8 - 2009-03-17

Management’s response to each of these recommendations is outlined in the report.

Discussion ensued regarding the public consultation process for the budget, with it being noted that the difficulty with public consultations is that it oftentimes results in gathering only the needs of a select few taxpayers or interest groups, which does not necessarily reflect the needs of the general public overall. The Director of Finance noted that he has participated in some sessions on public consultations through the GFOA, and the experience has provided some ideas to work with in order to enhance the City’s public consultation process and get a broader base of consultations and information. Councillor Hann noted that citizens have a right to provide their opinions on the City’s budget and should be given the opportunity to do so, whether they are private citizens or members of special interest groups.

Mr. Healy noted that a report on the Budget Process was brought to the Committee last year, and he inquired if the Internal Auditor could provide some comment on the different approach used for this report versus that of the earlier report. Mr. Silver noted that his report is based on the use of GFOA best practices, making comparisons with these practices and the City’s own budget practices to determine if there are any areas of concern. A conclusion was then reached and recommendations made based on the comparison. The approach of the initial review mainly focused on the opinions of staff, management and Councillors across the City on the budget process

Following the discussion, the Committee recommended:

That the attached report and its recommendations on the Budget Process be adopted as presented.

3. Attendance of City Internal Auditor at Meetings Mr. Silver noted that he would like to receive notification of all Committee and Council meetings and agendas for same. This will enable him to determine if there is a need to attend a meeting to discuss or address a specific issue.

The Committee agreed that the City Internal Auditor be provided with meeting notifications and agendas for all Council meetings and Committee meetings.

Councillor Debbie Hanlon Chairperson

SJMC2009-03-17/154R It was moved by Councillor Hanlon; seconded by Councillor Hann: That the Committee’s recommendations be approved.

Councillor Galgay referenced page 4 of the report, noting that there was a decision concerning the consultation process of having the general public and special interest groups

- 11 - 2009-03-17

NANCY DAY HOWARD 202 WATER ST, GINGERSNAP CR RETAIL STORE ULTRAMAR LTD 108 GEORGE ST W RN CAR WASHING ESTABLISHMENT BILLARD INSURANCE AGENCY LTD. 391-395 EMPIRE AVE CR OFFICE SUPERIOR OFF. INTERIORS LTD. 219-221 NEW GOWER ST RN RETAIL STORE NEWFOUNDLAND STRUCTURES INC. 8-10 ROWAN ST CR OFFICE RICK DAVIS 10 STAVANGER DR EX RETAIL STORE PODIATRY ASSOC, INC. 40 ABERDEEN AVE, SUITE 102 TI CLINIC G J CAHILL & COMPANY 235 WATER ST RN BANK REGAL REALTY LIMITED WATER STREET-BECKS COVE RN HOTEL JOHN HEARN ARCHITECT INC 120 STAVANGER DRIVE NC RETAIL STORE

THIS WEEK $ 4,202,700.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

CLASS: RESIDENTIAL

GRAHAM & DEBRA MUGFORD 89 BRAD GUSHUE CRES, LOT 5-153 NC SINGLE DETACHED DWELLING STAN MACINTYRE 61 LARKHALL ST NC PATIO DECK PERHAM HOMES LTD 26 PETITE FORTE DR, LOT 312 NC SINGLE DETACHED DWELLING MICHAEL & CHRISTINA EDWARDS 11 PLOVER ST NC ACCESSORY BUILDING DAVID BADRUDIN/LINDSAY MILLS 185 WATERFORD BRIDGE RD NC ACCESSORY BUILDING RESHELLE ADAMS 78 MACBETH DR CO HOME OFFICE KEVIN C LEWIS & KEVIN J LEWIS 27 NEPTUNE RD CR SUBSIDIARY APARTMENT TONY & LYNN BISHOP 25 NEWTOWN RD CR SINGLE DETACHED DWELLING CALVIN CANNING 8 POLINA RD CR SUBSIDIARY APARTMENT CLEMENT TREMBLETT 174 GROVES RD EX ACCESSORY BUILDING DONALD CLEARY SAVANNAH PARK DR EX SINGLE DETACHED DWELLING ROSEMARY BOYD 15 ANDERSON AVE RN SINGLE DETACHED DWELLING RICHARD A. & ELSIE RYDER 44 BATTERY RD RN SINGLE DETACHED DWELLING AUSTIN K. B. CANNING 18 ERROL PL RN SINGLE DETACHED DWELLING MRS LEEANNE DRODGE 67A FAHEY ST RN SEMI-DETACHED DWELLING ANTHONY MA 15 GEAR ST RN SEMI-DETACHED DWELLING MICHELLE TEMPLE 60 MONROE ST RN TOWNHOUSING JASON OATES 41 MYRICK PL RN SINGLE DETACHED DWELLING CAROL RICHARDS 68 NASCOPIE CRES RN TOWNHOUSING DAVID BADRUDIN/LINDSAY MILLS 185 WATERFORD BRIDGE RD RN LODGING HOUSE CARL HIGDON 38 CLEARY DR SW SINGLE DETACHED DWELLING RODNEY SHEPPARD 42 THORBURN RD SW SINGLE DETACHED DWELLING

THIS WEEK $ 489,806.00

CLASS: DEMOLITION

CHARLES BUTLER 19 BALSAM ST DM TOWNHOUSING

THIS WEEK $ 2,500.00 THIS WEEK'STOTAL: $ 4,695,006.00

REPAIR PERMITS ISSUED: 2009/03/05 TO 2009/03/11 $ 10,201.00 LEGEND

- 12 - 2009-03-17

CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

Payrolls and Accounts

SJMC2009-03-17/157R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the week ending March 12, 2009 be approved as presented:

Weekly Payment Vouchers For The Week Ending March 12, 2009

PAYROLL

Public Works $ 372,916.67

Bi-Weekly Casual $ 14,794.44

ACCOUNTS PAYABLE

Cheque No. 143742 - 143997 $ 2,695,742.45

Total: $ 3,083,453.56

Tenders

a. Tender - Chlorine Bulk (two year period) b. Tender – Exterior Renovations, Non-Profit Housing Sites – McNeil Street, Mundy Pond Road & Queen’s Road

SJMC2009-03-17/158R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: that the recommendation of the Director of Finance and City Treasurer and the Director of Building and Property Management be approved and the tenders awarded as follows:

a. Benntag Canada Ltd. @ $1,157,170.00 (taxes not included) b. Coastal Building Products in the amount of $146,000.00 which includes HST

- 13 - 2009-03-17

Notice of Motion

Councillor Coombs gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to enact an amendment to the Rules of Procedure with respect to voting by Council.

DATED at St. John’s, NL this 17th day of March, 2009.

______Councillor Keith Coombs

Ad Hoc Committee on the Awarding of the Freedom of the City

Council considered a memorandum from the Acting City Clerk dated March 11, 2009 regarding the above noted.

SJMC2009-03-17/159R It was decided on motion of Councillor Hickman; seconded by Councillor Colbert: That Councillors Hann, Hanlon and Galgay be appointed to the Ad Hoc Committee on the Awarding of the Freedom of the City.

Bulk Garbage & Recyclable Metals Collection Contracts

Council considered a memorandum from the Director of Public Works & Parks dated March 12, 2009 regarding the above noted.

SJMC2009-03-17/160R It was decided on motion of Councillor Puddister; seconded by Councillor Hann: That the contracts for Bulk Garbage and Recyclable Metals Collection with Newfound Disposal be extended for a one year period in accordance with the terms of the existing contracts.

Snow Clearing Report for the period January 1st to March 13th, 2009

Council considered as information the snow clearing report for the period January 1st to March 13, 2009 as prepared by the Director of Finance and City Treasurer and outlined in his memo dated March 12th, 2009. The report shows a negative variance of $292,123.

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Request from the Fluvarium - Joint Fundraiser: Spring Soiree 2009 Council tabled a letter dated March 10th, 2009 from Sharon Jeans, Executive Director of the Fluvarium requesting Council’s support of the joint fundraiser of the Quidi Vidi/Rennie’s River Development Foundation and the Elaine Dobbin Centre for Autism’s Spring Soiree 2009, through the purchase of a corporate table.

SJMC2009-03-17/161R It was decided on motion of Councillor Puddister; seconded by Councillor Hickman: That the City purchase a corporate table for ten people at the cost of $900.00 with charitable tax receipts to be provided.

Southlands Area (Ward 5) & Southwest Development Area (Wards 3 and 4) Council considered as information a memorandum dated March 17, 2009 from the Director of Planning regarding the above noted. The public meeting to discuss the proposed amendments to the Municipal Plan and the Development Regulations with regard to development above the 1290 metre contour, is April 14, 2009 at 7:00 pm at the Foran/Greene Room, City Hall.

Councillor Tom Hann

 Councillor Hann referenced his intention to bring forth the issue of Search and Rescue operations in light of the helicopter crash that occurred in the Atlantic Ocean this past Thursday wherein seventeen people lost their lives. It was agreed that this matter be deferred for the time being considering the complications involved and the timing sensitivity for the families now in mourning.

 Councillor Hann tabled the March 6th report of the Mayor’s Advisory Committee on Seniors, wherein the following recommendations for Committee membership were outlined:

Organizations:  Kelly Heisz – Seniors Resource Centre  Margaret Adey – CARP, St. John’s Avalon Chapter  Frank Lee – Anglican Homes Inc.  Graham Hill – CN Pensioners’ Association

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Individuals:  Gerri Thompson  Puran Singh Cheema  Ethel Downey  Lorraine Best

SJMC2009-03-17/162R It was decided on motion of Councillor Hann; seconded by Councillor Colbert: That Council accept the recommendation of the Mayor’s Advisory Committee on Seniors with respect to the above noted membership appointments. The Chairperson of that Committee will be nominated at the next meeting and will be a representative from the general public chosen from the above noted list.

 Councillor Hann made reference to the recycling depot at Airport Heights and the problem with cardboard and other debris ending up in the gutter in that area. It is a serious problem that needs to be addressed. Councillor Hanlon advised that this problem has been registered and channeled through the system.

Councillor Frank Galgay

 Councillor Galgay reminded Council and the general public about the ecumenical service taking place on Wednesday, March 18th, 2009 at 7:00 p.m. at the Basilica of St. John the Baptist in honour of those who lost their lives this past week due to the helicopter crash in the North Atlantic.

Councillor Keith Coombs

 Councillor Coombs referenced recent media reports about the sewage problem occurring in the Waterford River. He read into the record a memorandum from the Department of Engineering outlining the number of measures which have been taken to address these issues. A copy of this memo is on file with the City Clerk’s Department.

Councillor Debbie Hanlon

 Councillor Hanlon referenced Canada Post’s proposal to have municipalities take over the maintenance of the garbage receptacles situated near the super mailboxes. She questioned if any such discussions have been held with the City of St. John’s in this regard. Concern was expressed by Deputy Mayor Ellsworth about the idea,

- 16 - 2009-03-17

noting that it is a cost saving measure on the part of Canada Post who should instead be working in cooperation with municipalities to implement recycling solutions. It was also suggested that those receiving mail who do not wish to have flyers should take advantage of the Red Dot sticker program, the information for which is available on the Canada Post website.

 Councillor Hann also reminded the general public about the garbage day cycle which has moved ahead one day due to the civic holiday.

Councillor Wally Collins

 Councillor Collins expressed thanks and appreciation to the Canadian and American rescue teams who provided assistance during the helicopter crash and the recovery of bodies.

Adjournment

There being no further business, the meeting adjourned at 5:05 p.m.

______MAYOR

______CITY CLERK April 6th, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Councillors Duff, Colbert, Hann, Puddister, Galgay, Coombs, Hanlon and Collins.

Regrets: Deputy Mayor Ellsworth and Councillor Hickman

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Information & Corporate Services & City Clerk, the Associate Commissioner/Director of Engineering, the Acting Director of Planning and Manager, Corporate Secretariat were also in attendance.

Delegations Vibrant Communities

Vibrant Communities in partnership with the City of St. John’s, and the Anna Templeton Centre have created a community quilt representing neighbourhoods in the City.

Council unanimously agreed that the Quilt be displayed at City Hall for all to see and that the appropriate arrangements be made.

Call to Order and Adoption of the Agenda

SJMC2009-04-06/189R It was decided on motion of Councillor Coombs; seconded by Councillor Duff: That the Agenda be adopted as presented with the following additional items:

a. Memorandum dated April 6, 2009 from the Chief Commissioner and City Solicitor re City of St. John’s/DDC Open Space Revitalization Project (RNC Memorial) - 2 - 2009-04-06

b. Memorandum dated April 6, 2009 from the Chief Commissioner and City Solicitor re 9 Eastbourne Crescent – Keith Joy c. Tender – Queen’s River Trunk Storm Sewer – Phase 3 Portugal Cove Road from Elizabeth Avenue to Kerry Street d. Tender – Ruby Line Street Upgrading, Sprucedale Drive to Gisbourne Place e. Tender – T2009004 Multimedia and Audio Conference Systems f. Tender – 2009047 Pest Control

Councillor Puddister questioned why the additional agenda items did not meet the agenda deadline. The Associate Commissioner/Director of Engineering advised that agenda items c. and d. above did not meet the agenda deadline due to time constraints associated with the tender opening and subsequent review. Regarding Items e and f, the Chief Commissioner and City Solicitor agreed to follow up on the reason the items could not be included in the agenda.

Adoption of Minutes

SJMC2009-04-06/190R It was decided on motion of Councillor Duff; seconded by Councillor Galgay: That the Minutes of the March 30th, 2009 meeting be adopted as presented.

Business Arising

Notice of Motion - Repeal of Section 5(2) Conflict of Interest By-Law

Councillor Hann asked that the above noted item be deferred, on behalf of the Deputy Mayor, who due to a family emergency, was not in attendance.

SJMC2009-04-06/191R It was moved by Councillor Hann; seconded by Councillor Hanlon: That the request for deferral of this matter due to the absence of the Deputy Mayor, be granted.

The motion being put was unanimously carried.

Proposed Rezoning of Property – Vickers Avenue

Under business arising, Council considered a memorandum dated March 31, 2009, from the Director of Planning regarding the above noted.

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SJMC2009-04-06/192R It was moved by Councillor Coombs; seconded by Councillor Puddister: That the following Resolutions for St. John’s Municipal Plan Amendment Number 70, 2009 and St. John’s Development Regulations Amendment Number 458, 2009 be adopted in principle, subject to the issuance of a Provincial release from the Department of Municipal Affairs.

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 70, 2009

WHEREAS the City of St. John’s wishes to permit the development of a new housing development by the Newfoundland and Labrador Housing Corporation on Vickers Avenue.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan in accordance with the provisions of the Urban and Rural Planning Act, 2000:

Redesignate land on Vickers Avenue from the Open Space Land Use District to the Residential Medium Density Land Use District as shown on Map III – 1A attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 6th day of April, 2009.

I hereby certify that this Amendment has been prepared in ______accordance with the Urban and Rural Planning Act, 2000. Mayor

______

Director of Corporate Services/ ______City Clerk MCIP

Provincial Registration - 4 - 2009-04-06

- 5 - 2009-04-06

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 458, 2009

WHEREAS the City of St. John’s wishes to permit the development of a new housing development by the Newfoundland and Labrador Housing Corporation on Vickers Avenue.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations in accordance with the provisions of the Urban and Rural Planning Act, 2000:

Rezone land on Vickers Avenue from the Open Space (O) Zone to the Residential High Density (R3) Zone as shown on Map Z-1A attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 6th day of April, 2009.

I hereby certify that this Amendment has been prepared in ______accordance with the Urban and Rural Planning Act, 2000.

Mayor

______Director of Corporate Services/ MCIP City Clerk

Provincial Registration - 6 - 2009-04-06

The motion being put was unanimously carried.

City of St. John’s Request for Amendment to Section 13 of the Animal Protection Act

Under business arising, Council considered a letter dated June 17, 2008, from His Worship the Mayor to the Minister of Natural Resources reiterating previous requests from the City of St. John’s to the provincial government for an amendment to Section 13 - 7 - 2009-04-06

of the Animal Protection Act so that the City can effectively address matters within its mandate respecting animal services and minimize the suffering of animals within its jurisdiction. During discussion, it was pointed out that previous requests had been made to the province in this regard and to date the requested amendment and the appointment of Humane Services staff as special constables has not been forthcoming. Council agreed that if response is not received within a reasonable period of time the Chief Commissioner and City Solicitor be directed to contact the Deputy Minister in this regard.

Bid for Canadian Urban Forest Conference

Under business arising, Councillor Duff referenced the above noted and the concerns raised relative to the fact the City would be creating a precedent , the cost to hire a coordinator and the financial risk to the City if it agreed to host the Canadian Urban Forest Conference. She noted that the Urban Forest Conference is hosted by municipalities which organize and implement the event, as the City did for FCM, CAMA and CCCO. These conferences have been taking place every two years since 1992. There are a number of other Canadian cities who have run successful conferences and which City staff have been attending since they first started and found them to be quite valuable in terms of the information that they obtained. Councillor Duff noted that in reviewing information on other conferences there has never been a shortfall because of revenues. The conference fees are designed to cover off all expenses including a coordinator if needed, and some cities second there staff. She further noted that this type of conference falls directly within the City’s mandate and would be hosted the same way the City would host other similar events.

Councillor Duff noted that the first suggestion that the conference come to St. John’s was made last summer when staff attended the 2008 conference. However, the City did not receive a formal invitation to submit a bid until January 2009 and the feeling is that timing might be minimal to take on a conference of this nature. She suggested that maybe Council would be interested in submitting a bid for the 2012 conference. - 8 - 2009-04-06

SJMC2009-04-06/193R It was moved by Councillor Duff; seconded by Councillor Hanlon: That the City submit a bid for the 2012 Canadian Urban Forest Conference (CUFC).

The motion being put was carried with Councillor Hann dissenting.

Development Committee Report dated March 31, 2009

Council considered the following Development Committee Report dated March 31, 2009:

RECOMMENATION OF APPROVAL:

1. Proposed Demolition and Reconstruction of Accessory Dwelling Unit Circle Square Ranch Civic no. 729 Fowler’s Road (Ward 5)

The Development Committee recommends that the above noted application be approved subject to the following conditions: a. the proposed new dwelling unit must have a Certificate of Approval from Government Services for water supply and septic disposal systems; b. the required Demolition/Building Permits must be obtained from Access St. John’s prior to the commencement of any development on the site; and c. the older dwelling must be removed from the site prior to commencement of construction of the new dwelling, or adequate security must be deposited with the City to ensure that the older dwelling is removed from the site upon occupancy of the new structure.

2. Proposed Commercial Building Custom Cabinets and Supplies Civic No. 164 Major’s Path (Ward 1)

The Development Committee recommends that Council approve the redevelopment of the Non-Conforming Lot in accordance with the Section 10.27.5(1)(b) of the St. John’s Development Regulations. It is further recommended that Council grant Approval-in- Principle for the development, subject to the following conditions: a. compliance with the requirements of the Departments of Planning and Engineering, including conformance with the City’s Commercial Development Policy;

- 9 - 2009-04-06 b. payment of all development fees and assessments in accordance with Section 6.4 of the St. John’s Development Regulations; c. the required Building Permits must be obtained from the City prior to the commencement of any development; and d. approval of the building elevations from the St. John’s International Airport Authority.

RECOMMENDATION OF REJECTION:

3. Proposed Demolition and Replacement of Dwelling Victor Sharpe Civic No. 9 Sharpe’s Road Town of Portugal Cove-St. Philips (Broad Cove River Watershed)

The Development Committee recommends, that as the subject dwelling is not beyond 50% dilapidated, that Council reject the above noted application for reconstruction of the subject dwelling pursuant to Section 104(4)(c) of the City of St. John’s Act.

Art Cheeseman, Chairperson Associate Commissioner/Director of Engineering

SJMC2009-04-06/194R It was moved by Councillor Hann; seconded by Councillor Duff: That the Committee’s recommendations be accepted.

The motion being put was unanimously carried.

Finance and Administration Committee Report dated March 25, 2009

Councillor Hann asked on behalf of the Deputy Mayor that the above noted report be deferred for one week. Council agreed, however, Councillor Colbert asked that Items 8 to 16 as follows be dealt with at this time due to timing constraints associated with the events. Council concurred.

In Attendance: Deputy Mayor Ellsworth, Chairperson Councillor Gerry Colbert Councillor Frank Galgay Councillor Debbie Hanlon Councillor Wally Collins Mr. Ron Penney, Chief Commissioner & City Solicitor Mr. Neil Martin, Associate Commissioner/Director of Corporate Services & City Clerk Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Paul Mackey, Director of Public Works & Parks - 10 - 2009-04-06

Mr. Dave Blackmore, Director of Building & Property Management Mr. Kevin Breen, Director of Human Resources Ms. Jill Brewer, Director of Recreation Mr. Jason Silver, City Internal Auditor Ms. Kelly Butler, Recording Secretary

Also in attendance were Craig Ennis and Kelly Finlay with the Board of Trade and Curtis Rumboldt with CBC Radio.

In Attendance: Deputy Mayor Ellsworth, Chairperson Councillor Gerry Colbert Councillor Frank Galgay Councillor Debbie Hanlon Councillor Wally Collins Mr. Ron Penney, Chief Commissioner & City Solicitor Mr. Neil Martin, Associate Commissioner/Director of Corporate Services & City Clerk Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Paul Mackey, Director of Public Works & Parks Mr. Dave Blackmore, Director of Building & Property Management Mr. Kevin Breen, Director of Human Resources Ms. Jill Brewer, Director of Recreation Mr. Jason Silver, City Internal Auditor Ms. Kelly Butler, Recording Secretary

Also in attendance were Craig Ennis and Kelly Finlay with the Board of Trade and Curtis Rumboldt with CBC Radio.

8. Financial Support for Meetings and Conventions The Committee considered a memorandum dated March 23, 2009, from the Director of Corporate Services regarding the above noted matter.

Regarding the recommendation for the Provincial Occupational Health Nurses Conference, the Director of Human Resources noted that the City employs three OHS nurses, one of whom is on the executive of the organizing committee. In this regard, he requested that consideration be given to providing a $500 grant for this conference to be allocated from the Department of Human Resources budget.

The Committee recommends that the following grants be awarded as per Policy 04-09-02 – Financial Support for Meetings and Conventions:

1.Horizon 2009 Conference $500 2.Human Resources Solutions for a Dynamic Marine Industry Seminar $500 3.International Society of Anglo-Saxonists 2009 Biannual Conference $750 - 11 - 2009-04-06

4.2009 Canadian Prostate Cancer Network National Conference $750 5.National Catholic Women’s League Convention $1,000 6.2009 Supported Employment Nfld. & Lab. Provincial Conference $0 7.Provincial Occupational Health Nurses Conference $500 8.44th Annual MUN Business Day Conference $0 9.2009 Canadian Police Curling Championships $500

It is further recommended that the $500 grant for the Provincial Occupational Health Nurses Conference be allocated from the Department of Human Resources Budget as it does not meet the criteria for funding under Policy No. 04-09-02.

9. 2009 Atlantic Planning Conference – Request to Host Opening Banquet The Committee considered correspondence from Ken O’Brien, Atlantic Planners’ Institute regarding the above noted request.

The Committee recommends that the City approve the request to host the Opening Banquet for the 2009 Atlantic Planning Conference taking place in St. John’s from November 18th to 20th.

10. Canadian Public Works Association NL Conference & Trade Show – Request to Sponsor a Luncheon The Committee considered correspondence from Craig Kennedy, Canadian Public Works Association NL regarding the above noted request.

The Committee recommends that the City approve the request to sponsor lunch for the CPWA-NL Conference on Thursday, May 14, 2009.

11. Southlands Family Fun Day – Request for Financial Contribution The Committee considered a letter dated January 20, 2009, from Debbie McCarthy, Southlands Family Fun Day Organizing Committee regarding the above noted request.

The Committee recommends that Council approve $1,500 in funding for Southlands Family Fun Day. It is further recommended that the Organizing Committee be requested to make application for this funding through the Grants and Subsidies Program.

12. Johnson GEO Centre Fundraiser – Request to Purchase a Table The Committee considered a letter dated March 6, 2009, from Paul Dean and Paul Johnson regarding the above noted request.

The Committee recommends that the City purchase a ten-person table for the GEO Centre Fundraiser at a cost of $1,750 (taxes and gratuity included).

13. Brigade Council of the CLB – Request for Financial Contribution for Medical Clinic Construction Project in Belize - 12 - 2009-04-06

The Committee considered a letter dated March 6, 2009, from Colonel K. Arns, CLB, regarding the above noted request.

The Committee recommends that the request for a financial contribution for the CLB’s Medical Clinic Construction Project be denied as it does not meet the policy for funding.

14. Community Services Council – Request for a Financial or In-Kind Contribution for Volunteer Week 2009 Activities The Committee considered a letter dated March 13, 2009, from Paulette Murray and Penny Rowe regarding the above noted request.

The Chief Commissioner/City Solicitor noted that the City hosts its own Volunteer Week event each year to recognize the City’s volunteers.

The Committee recommends that the request from the Community Services Council for a Financial or In-Kind Contribution for Volunteer Week 2009 Activities be denied as the City hosts its own Volunteer Week events.

15. St. Matthew’s Elementary School – Request for Financial Contribution Towards Student Exchange Program The Committee considered a letter dated March 4, 2009, from Kyrah Dwyer, St. Matthew’s School regarding the above noted request.

The Committee recommends that the request from St. Matthew’s Elementary School for a financial contribution towards the Student Exchange Program be denied as it does not meet the criteria for funding.

16. Quintessential Vocal Ensemble – Request for Financial Support for Travel to Compete in the 2009 Florilège Vocal De Tours The Committee considered a letter dated March 23, 2009, from Robert Strong, Quintessential Vocal Ensemble regarding the above noted request.

The Committee recommends that the request for financial support for travel from the Quintessential Vocal Ensemble be denied as it does not meet the criteria for funding.

Deputy Mayor Ron Ellsworth Chairperson

SJMC2009-04-06/195R It was then moved by Councillor Colbert; seconded by Councilllor Puddister: That the Committee’s recommendations with respect to Items 8 to 16 be approved as presented.

The motion being put was unanimously carried. - 13 - 2009-04-06

Parks and Recreation Committee Report dated February 27, 2009

Council considered the following Parks and Recreation Committee Report dated February 27, 2009:

Please find attached, the minutes from two meetings held on Friday, February 27th, 2009 with respect to presentations which were conducted for the following two groups by the Consultants for the Cycling Master Plan: Hatch Mott MacDonald and Marshall Macklin Monaghan.

 The Parks and Recreation Standing Committee and Council of the Whole (12:00 noon)  The Board of Directors of the Grand Concourse Authority (2:30 p.m.)

Copies of the Draft Cycling Master Plan and the Virginia River Trail Multi-Use Upgrade Feasibility Assessment are on the City’s website at: www.stjohns.ca. The following recommendation is now put forward for Council’s consideration and approval:

That Council adopt in principle the Draft Cycling Master Plan and the Virginia River Trail Multi-Use Upgrade Feasibility Assessment. A public meeting will be conducted to provide the general public with the opportunity to view the Consultant’s presentation noted above and to provide feedback and comments. This meeting has been scheduled for Wednesday, April 29th, 2009 in the Foran/Greene Room, 4th Floor, City Hall at 7:00 p.m. Further information is available on the City’s website.

Councillor Shannie Duff Chairperson

SJMC2009-04-06/196R It was moved by Councillor Duff; seconded by Councillor Hanlon: That the Committee’s recommendations be approved as presented.

During discussion, Councillor Duff encouraged the general public to attend the public meeting being held on April 29th, 2009 to view the final draft of the Cycling Master Plan as well as the Virginia River Trail Multi-Use Upgrade Feasibility Assessment, and stressed the importance of having the views and comments of the general public, noting the need for consultation with trail walkers. Councillor Duff also noted that consideration of any other trails will require separate study and consultation. - 14 - 2009-04-06

During discussion, Councillor Hann asked the status of a proposed smoke-free strategy for Playgrounds and Parks. Councillor Duff noted that the issue was discussed at the Parks and Recreation Committee meeting, and at the request of Councillor Hickman was deferred for referral to Council on April 21, 2009, upon his return. Councillor Duff noted that as a result of recent correspondence and action by the Province, the matter will require further discussions.

Following discussion, the motion being put was unanimously carried.

Heritage Advisory Committee Report dated April 1, 2009

Council considered the following Heritage Advisory Committee Report dated April 1, 2009:

Attendees: Councillor Shannie Duff, Chairperson Gerard Hayes Anne Hart, Resident Representative Debbie O’Rielly, Heritage Foundation of NL David Kelland, Newfoundland Association of Architects Robyn Pike, Newfoundland Historic Trust Neil Hardy, Downtown Development Commission Ken O’Brien, Manager of Planning & Information Peter Mercer, Heritage Officer Helen Miller, Archivist Margaret Donovan, Tourism Industry Coordinator Karen Chafe, Recording Secretary

1. 344 Duckworth St. (former CBC Building) The Committee considered the attached preliminary elevations for the above noted application. The proposed elevations would meet the maximum height requirements of 15 metres at the Henry Street level. Staff has determined that there are a number of outstanding non-heritage planning issues that need to be dealt with prior to any final approvals being given.

The Committee recommends that a true artist’s rendering showing various street perspectives including the front, sides and back of the building be submitted for the Committee’s review. These renderings should reflect any modifications that may be required as a result of the City’s regulatory and planning process. Such information should also include the following: - 15 - 2009-04-06

 Proposed exterior finishes  Perspective elevations showing streetscape and surrounding buildings  Elevations from Henry St.  View planes perspectives  There should be a clear distinction between what currently exists and what is proposed to be changed.

2. 606 Water St. – Sign Application The Committee met with Alison and Howard Sturge regarding their sign application for 606 Water St., formerly known as Bubba’s Tubs. The proposed sign will replace an already existing non-conforming sign which was installed prior to Council’s adoption of the revised Heritage Sign By-Law. The applicants are requesting a variance of the sign by-law regulations for the proposed wall sign which would be installed on the west elevation of this building. The applicant also requested that consideration be given to installing a second sign underneath the proposed wall sign advertising weekend garage sales in the building.

The Committee acknowledges that the situation merits special consideration in light of the fact that a non-conforming sign in that location predated the property being included in the Heritage Area, and that the sign does not otherwise contravene the provisions of the St. John’s Sign By-Law. The Committee, therefore, recommends that the Burke Realty sign (rendering attached) be approved. This sign will be positioned on the building’s west side elevation.

With regard to the proposed garage sale sign, the Committee recommends that the applicant install a sign on the front of the building which meets the City’s Heritage Sign By-Law. Some acceptable options are:

 a sign within the front window;  a perpendicular hanging sign,  a sandwich board on the sidewalk  a temporary banner would be considered with the stipulation that it is only displayed on Saturdays and Sundays.

3. 39 Queen’s Road – Application to Replace Windows The Committee considered the above noted application to replace windows for Unit 7 in keeping with the dimension and design of the existing windows.

The Committee recommends approval of the application subject to the new windows replicating the existing.

- 16 - 2009-04-06

4. 317 Water St. – Application to Replace Windows (already installed) The Heritage Officer advised that an application had been received from the owner of 317 Water St. to replace the windows on the second and third levels of this building. A permit was issued by the City with the condition that the windows match those already existing in the adjacent building to the west (# 319), which has windows that are symmetrical to civic # 317, as outlined in the attached photos. The applicant did not comply with the conditions of the permit and installed casement style windows instead of vertical sliders.

The Committee recommends that the applicant be made to comply with the original conditions of the building permit issued, and that the windows be replaced with windows the same as the building situated to the west at civic # 319.

With regard to the installation of the air conditioning grills as superimposed in the attached photograph, the Committee recommends approval subject to these grills being surface mounted grills and that they match the color of the building’s façade for an unobtrusive effect.

5. 20 King Edward Place The Committee considered an artist rendering for the above noted property, formerly known as the old General Hospital.

The Committee recommends rejection of any proposed extensions to the Old General Hospital building, noting that the footprint should remain intact. If the developer wishes to expand the number of units on this site, an application for a separate building plan should be submitted to the City, outlining the detailed design for such. The Committee further recommends that prior to submitting such a plan, that the applicant consult with the City’s Planning Department to determine what options are available for expanded development.

6. Sub-Committee on Review of Heritage Incentives The Committee considered background information from the Heritage Officer with regard to the past initiatives/programs that were available for heritage incentives. The Committee felt that this issue should be reviewed in more depth with a view to developing a new program.

The Committee recommends that a Sub-Committee be established to review heritage incentives programs and that the membership consist of the following: - 17 - 2009-04-06

 Councillor Shannie Duff  Debbie O’Rielly, Heritage Foundation of NL  Neil Hardy, Downtown Development Commission  Appropriate City Staff  Other prospective members from the business and residential community as the Committee sees fit.

Councillor Shannie Duff Chairperson

SJMC2009-04-06/197R It was moved by Councillor Duff; seconded by Councillor Galgay: That the Committee’s recommendations 1, 2, 3, 5 and 6 be approved as presented.

The motion being put was unanimously carried.

SJMC2009-04-06/198R Regarding Item #4, (317 Water Street), it was moved by Councillor Puddister; seconded by Councillor Hann: That the Committee’s recommendation regarding the windows be rejected and that the existing casement style windows installed by the applicant be approved.

Councillor Duff noted that the applicant violated the conditions of the permit and has on other occasions carried out work without the applicable permits.

The motion being put was carried with Councillors Duff and Galgay dissenting.

Also, Council unanimously agreed with the Committee’s recommendation respecting the installation of the air conditioning grills.

Development Permits List

Council considered the following Development Permits List for the period March 27 to April 2, 2009:

DEVELOPMENT PERMITS LIST DEPARTMENT OF PLANNING FOR THE PERIOD OF March 27, 2009 TO April 2, 2009

- 19 - 2009-04-06

THE ELEGANT YARD SALE 362 WATER ST SN RETAIL STORE HOWARD & ALISON STURGE 606 WATER ST, GARAGE 606 CO RETAIL STORE 58989 NEWFOUNDLAND & LABRADOR 312 WATER ST SW TAVERN STEPHANIE & MELVIN COOMBS 9 CHURCHILL SQ CR RETAIL STORE ASHLEY FELTHAM SCHOOL OF DANCE 484-490 MAIN RD RN COMMERCIAL SCHOOL HMV CANADA INC. 42 KENMOUNT RD, HMV RN RETAIL STORE PORTOBELLO'S RESTAURANT 115 DUCKWORTH ST CR RESTAURANT SONCO PARKING 1 CLIFT'S - BAIRD'S COVE RN PARKING LOT EDDIE BAUER OF CANADA, INC. 50 KENMOUNT RD, AVALON MALL RN RETAIL STORE WAL-MART CANADA CORP. 90 ABERDEEN AVE EX RETAIL STORE LANSING PROPERTIES INC. 251 EMPIRE AVE, EXT, RENO, S W EX OFFICE

THIS WEEK $ 2,482,058.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

SALVATION ARMY TEMPLE 101 TORBAY RD SN CHURCH RCMP "B" DIVISION HEADQUARTERS 100 EAST WHITE HILLS RD, WALL RN ADMIN BLDG/GOV/NON-PROFIT CITY OF ST. JOHN'S 940 THORBURN RD ROTARY PARK EX ACCESSORY BUILDING

THIS WEEK $ 76,400.00

CLASS: RESIDENTIAL

KARWOOD CONTRACTING LTD 4 SPRUCE GROVE AVE, LOT 123 NC SINGLE DETACHED DWELLING BILL WHITE 74 BRAD GUSHUE CRES, LOT 5-163 NC SINGLE DETACHED & SUB.APT SULLIVAN'S CONT. LTD 73 BRAD GUSHUE CRES LOT 5-145 NC SINGLE DETACHED DWELLING SULLIVAN'S CONST. LTD 81 BRAD GUSHUE CRES LOT 5-149 NC SINGLE DETACHED DWELLING ENCON CONST. LTD 97 BRAD GUSHUE CRES LOT 5-157 NC SINGLE DETACHED DWELLING MODERN HOMES LTD 6 CARIBOU PL, LOT 3 NC SINGLE DETACHED DWELLING MODERN HOMES LTD 10 CARIBOU PL, LOT 5 NC SINGLE DETACHED DWELLING MODERN HOMES LTD 24 CARIBOU PL - LOT 12 NC SINGLE DETACHED DWELLING PRO-TECH CONSTRUCTION 26 CASTLE BRIDGE DR, LOT #7 NC SINGLE DETACHED DWELLING PRO-TECH CONSTRUCTION 60 CASTLE BRIDGE DR, LOT 24 NC SINGLE DETACHED DWELLING PRO-TECH CONSTRUCTION 55 CASTLE BRIDGE DR, LOT 113 NC SINGLE DETACHED DWELLING PRO TECH CONSTRUCTION 61 CASTLE BRIDGE DR, LOT 110 NC SINGLE DETACHED DWELLING O'REGAN HOLDINGS INC. 10 CORNWALL AVE NC FENCE REARDON CONSTRUCTION & DEV LTD 77 GISBORNE PL, LOT Z5 NC TOWNHOUSING SULLIVAN'S CONSTRUCTION 36 GOLD MEDAL DR, LOT 187 NC SINGLE DETACHED DWELLING ENCON CONSTRUCTION LTD 44 GOLD MEDAL DR, LOT 5-191 NC SINGLE DETACHED DWELLING FWS HOLDINGS INC 51 GUZZWELL DR NC PATIO DECK FWS HOLDINGS INC 51 GUZZWELL DR NC FENCE LORI MITCHELL 44 MARK NICHOLS PL LOT 200 NC SINGLE DETACHED DWELLING SCOTT REID 48 MARK NICHOLS PL - LOT 202 NC SINGLE DETACHED DWELLING CRAIG BROOKS 46 OXEN POND RD NC PATIO DECK ATLANTIC HOMES LTD 5 PLOVER ST, LOT 50 NC SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 37 SGT CRAIG GILLAM AVE,LOT 27 NC SINGLE DETACHED DWELLING ERCO HOMES 32 SOLDIER CRES, LOT 31 NC SINGLE DETACHED DWELLING COREY HIGDON 20 TAYLOR PL NC PATIO DECK COREY HIGDON 20 TAYLOR PL NC FENCE TONY SMITH 5 NORTHERN RANGER ST CO HOME OFFICE CRAIG J. PELLEY 27 PENNEY CRES CR SUBSIDIARY APARTMENT MIKE SELLARS 11 ALBANY PL EX SINGLE DETACHED & SUB.APT - 20 - 2009-04-06

FRED DROVER 42 JASPER ST EX SINGLE DETACHED DWELLING DANIEL M. FLEMING & 613 MAIN RD EX SINGLE DETACHED DWELLING MICHEL WAWRZKOW & MAXINE 6 STONEYHOUSE ST EX SINGLE DETACHED DWELLING ALLYSON STUCKLESS 37 ALLANDALE RD RN SINGLE DETACHED DWELLING GARY GALE 32 COURTNEY ST RN SINGLE DETACHED & SUB.APT CLEMENT GRANT 279 HAMILTON AVE RN SINGLE DETACHED DWELLING WILLIAM LANE 35 HARRIS RD RN SINGLE DETACHED & SUB.APT MIKE HEFFERNAN 15 MOUNTAINVIEW DR RN APARTMENT BUILDING DARYL & LORRAINE RIDEOUT 26 TURNBERRY ST RN SINGLE DETACHED DWELLING NFLD & LABRADOR HOUSING CORP. 10-24 VIMY AVE, 8 UNITS RN TOWNHOUSING DEL CONTRACTING LTD. 93 WATER ST RN CONDOMINIUM LARRY P. WALSH 568 EMPIRE AVE SW SINGLE DETACHED DWELLING

THIS WEEK $ 4,573,045.00

CLASS: DEMOLITION

NICK VINICOMBE 17 GOOSEBERRY LANE DM SINGLE DETACHED DWELLING

THIS WEEK $ 5,000.00

THIS WEEK''S TOTAL: $ 7,136,503.00

REPAIR PERMITS ISSUED: 2009/03/26 TO 2009/04/01 $ 47,500.00

LEGEND

CO CHANGE OF OCCUPANCY MS MOBILE SIGN CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS DM DEMOLITION SW SITE WORK

- 21 - 2009-04-06

Payrolls and Accounts

SJMC2009-04-06/200R It was decided on motion of Councillor Hann; seconded by Councillor Galgay: That the following Payrolls and Accounts for the week ending April 2, 2009 be approved as presented:

Weekly Payment Vouchers For The Week Ending April 2, 2009

PAYROLL

Public Works $ 385,440.90 Bi-Weekly Amalgamation $ 663,147.75 Bi-Weekly Management $ 594,600.03 Bi-Weekly Administration $ 621,693.75

ACCOUNTS PAYABLE

Cheque No. 145205 - 145500 $4,987,345.87

Total: $7,252,228.30

Tenders a. Tender – Client Satisfaction Survey b. Tender – Queen’s River Trunk Storm Sewer – Phase 3 Portugal Cove Road from Elizabeth Avenue to Kerry Street c. Tender – Ruby Line Street Upgrading, Sprucedale Drive to Gisbourne Place d. Tender – T2009004 Multimedia and Audio Conference Systems e. Tender – 2009047 Pest Control

SJMC2009-04-06/201R It was decided on motion of Councillor Hann; seconded by Councillor Galgay: That the recommendation of the Associate Commissioner/Director of Corporate Services and City Clerk, the Associate Commissioner and Director of Engineering and the Director of Building and Property Management be approved and the tenders awarded as follows:

a. Sagacity Consulting for the amount of $14,000 plus HST b. Modern Paving Ltd. for the amount of $1,176,284.80 c. Modern Paving Ltd. for the amount of $1,477,104.93 d. Audio Systems Ltd. for the amount of $95,583.31 which includes HST e. A-1 Pest Control for the amount of $20,312.81 which includes HST

- 22 - 2009-04-06

Notice of Motion

Amendment to Section 2(2) of the St. John’s Street Cleaning By-Law

Councillor Collins gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of the St. John’s Muicipal Council move to enact an amendment to Section 2(2) of the St. John’s Street Cleaning By-Law so as to remove the requirement to publish in a newspaper.

City of St. John’s/DDC Open Space Revitalization Project (RNC Memorial)

Council considered a memorandum dated April 6, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-04-06/202R It was moved by Councillor Duff; seconded by Councillor Colbert: That the recommendation of the Chief Commissioner and City Solicitor that the City provide an additional contribution of $15,000.00 to the RNC Memorial Project, be approved.

The motion being put was unanimously carried.

9 Eastbourne Crescent – Keith Joy

Council considered a memorandum dated April 6, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-04-06/203R It was moved by Councillor Puddister; seconded by Councillor Colbert: That the recommendation of the Chief Commissioner and City Solicitor that the City sell to Mr. Joy, the encroached upon land at Eastbourne Crescent for $2.00 per square foot plus usual administration fees and applicable HST, once written confirmation is received from Better Homes Limited that they will in fact execute the Quit Claim Deed once prepared by the City, be approved.

Councillor Colbert along with His Worship the Mayor applauded the Chief Commissioner and City Solicitor and the Manager of Real Estate Services for their involvement and the efficient manner in which they handled the transactions related to this property. - 23 - 2009-04-06

Following discussion, the motion being put was unanimously carried.

Combination Cleaning/Vacuum Machine Service Contract

Council considered a memorandum dated March 26, 2009, from the Director of Public Works and Parks regarding the above noted.

SJMC2009-04-06/204R It was moved by Councillor Duff; seconded by Councillor Hann: That the recommendation of the Director of Public Works and Parks that the contract for Combination Cleaning/vacuum Service with Afonso Group be extended for a two year period in accordance with the terms of the existing contract, be approved.

The motion being put was unanimously carried.

Snow Clearing Report for the period January 1st to April 3rd, 2009

Council considered the above noted snow clearing report showing a negative variance of $845,993.

April 2009 Economic Update

Council considered the above noted April 2009 Economic Update.

Awarding of Freedom of the City to the 56 Engineer Squadron

Council considered a memorandum dated April 1, 2009, from His Worship the Mayor regarding the above noted.

SJMC2009-04-06/205R It was moved by Councillor Galgay; seconded by Councillor Hanlon: That the 56 Engineer Squadron be awarded the Freedom of the City coinciding with the celebration of its 60th Anniversary on October 24, 2009.

Councillor Hanlon provided information on the history of the squadron and thanked Councillors Hann and Galgay for their contribution to the Committee on the Awarding of the Freedom of the City.

The motion being put was unanimously carried.

- 24 - 2009-04-06

Letter of Thanks dated March 27, 2009, from Don Coombs, Chief Development Officer, Trinity Conception Placentia Health Foundation re: Use of City’s Booth

Council acknowledged the above noted letter.

Letter of Thanks dated March 2, 2009, from Councillor Keith Keating, Chairperson, Urban Municipalities Committee re: Hosting of the UMC Meetings – February 27 & 28, 2009

Council acknowledged the above noted letter.

Councillor Colbert Councillor Colbert applauded the success of the Herder Memorial Cup event held at Mile One Stadium this past weekend and commended Mile One Stadium staff, organizers, volunteers and fans. He noted that this calibre of activity on a local level is worth pursuing.

Councillor Collins Councillor Collins noted the awarding of tenders for the various project within his ward - Ruby Line and Doolings Line upgrading and the fact that tenders will be called next week for Everard Avenue and Keiley Drive.

Councillor Hann Councillor Hann noted the awarding of the contract for the Multimedia and Audio Conference System which will address the problems experienced at times with the current system.

Councillor Debbie Hanlon Councillor Hanlon cautioned the general public on the dangers of walking on “ice pans” which are common this time of year along the coast

Councillor Hanlon noted that the RCMP are looking for volunteers to deliver pamphlets on Substance Abuse and anyone wishing to take part should contact the local detachment of the RCMP.

- 25 - 2009-04-06

Councillor Hanlon indicated that she continues to receive numerous complaints about potholes as well as complaints regarding the lack of pavement markings, which she has referred to staff.

His Worship the Mayor pointed out that the potholes on the streets are being fixed as quickly as possible. He noted that staff have indicated that the current problems are due in large part to the weather, with nine per cent above normal snowfall and 40 percent above normal rainfall this winter. He noted that the hot asphalt plants are not open until the end of May and that a cold patch is being done until that time. He urged residents to call the city and register their complaints and crews will patch as quickly as possible.

Adjournment

There being no further business, the meeting adjourned at 5:50 p.m.

______MAYOR

______CITY CLERK

October 26th, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

Acting Mayor Duff presided.

There were present also Councillors O’Leary, Hickman, Hann, Colbert, Breen, Galgay, and Collins

Regrets: His Worship the Mayor, Councillors Hanlon and Tilley

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Corporate Services and City Clerk; the Associate Commissioner/Director of Engineering, the Director of Finance and City Treasurer, Development Engineer and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2009-10-26/601R It was decided on motion of Councillor Hann; seconded by Councillor Colbert: That the Agenda be adopted as presented.

a. Letter dated October 25, 2009 from Arthur H, Hamlyn and Lorraine Hamlyn, 180 Waterford Bridge Road Re Proposed Rezoning to accommodate Residential Development Waterford Bridge Road

Adoption of Minutes

SJMC2009-10-26/602R It was decided on motion of Councillor Hann; seconded by Councillor Breen: That the minutes of the October 19th, 2009 meeting be adopted as presented.

- 2 - 2009-10-26

Delegation

Members of Council welcomed Major Richard Nolan, Commanding Officer and Master Warrant Officer, Roger Dewland, 56 Engineer Squadron.

SJMC2009-10-26/603R It was moved by Councillor Galgay; seconded by Councillor Colbert: That the following Resolution be adopted:

The City of St. John’s acknowledges with gratitude the outstanding service contributed by the 56 Engineer Squadron to the City of St. John’s. On the 26th day of October in the year 2009, the City of St. John’s wishes to adopt the following resolution:

RESOLUTION

WHEREAS The City of St. John’s has a long relationship with the 56 Engineer Squadron;

WHEREAS The 56 Engineer Squadron has been active in the support, maintenance and construction of trails and bridging projects in and around the St. John’s area;

WHEREAS The 56 Engineer Squadron has been active with the restoration of the Quidi Vidi Battery;

WHEREAS The 56 Engineer Squadron has been active with the restoration of the footbridge at Rennie’s River;

WHEREAS The 56 Engineer Squadron has been active with restoration of the Signal Hill gun recovery, and Fort Amherst gun recovery;

WHEREAS The 56 Engineer Squadron in its Military Role has a proud history of service to the City of St. John’s;

THEREFORE BE IT RESOLVED that the City of St. John’s proudly confers the FREEDOM OF THE CITY to the 56 ENGINEER SQUADRON.

The motion being put was unanimously carried.

Business Arising

Under business arising, Acting Mayor Duff announced for the benefit of the general public the Chairs of the Standing Committees as approved by Council on October 19th, 2009. - 3 - 2009-10-26

Notice of Motion – Councillor Colbert Council Pension By-Law

SJMC2009-10-26/604R Pursuant to Notice of Motion, it was moved by Councillor Colbert; seconded by Councillor Hann: That the following Council Pension By-Law, Amendment No. 1, 2009 be adopted:

BY-LAW NO. COUNCIL PENSION BY-LAW (AMENDMENT NO. 1 – 2009) BY-LAW PASSED BY COUNCIL ON OCTOBER 26, 2009

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17 as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the establishment of a pension plan for members of Council.

BY-LAW

1. This By-Law may be cited as the “Council Pension (Amendment No. 1 – 2009) By-Law.

2. Section 6 of the Council Pension By-Law is amended by:

(a) renumbering Section 6 to be section 6(1); and (b) adding the following as section 6(2): “6(2) Notwithstanding the foregoing a pension paid under section 6(1) shall be suspended should the person in receipt of same become a member of Council and shall remain suspended until such time as the person is no longer a member of Council.” (c) adding the following as section 6(3): “6(3) Pension payable to a person whose pension is reinstated following a suspension under section 6(2) shall be based upon total Council service and calculated based upon the base annual salary in section 5 herein.”

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By-Law has been signed by the Mayor and City Clerk on behalf of the St. John’s Municipal Council this 26th day of October, 2009.

MAYOR

CITY CLERK

The motion being put was unanimously carried. - 4 - 2009-10-26

Proposed Text Amendment to the St. John’s Development Regulations, Regulation of Taverns in the Downtown Business Improvement Area

Under business arising, Council considered a memorandum dated October 23, 2009 from the Director of Planning regarding the above noted.

SJMC2009-10-26/605R It was moved by Councillor Galgay ; seconded by Councillor Hickman : That the following St. John’s Development Regulations, Amendment Number 470, 2009 be adopted, which will then be referred to the Department of Municipal Affairs with a request for Provincial registration of the amendment in accordance with the requirements of the Provincial Urban and Rural Planning Act:

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 470, 2009

WHEREAS the City of St. John’s wishes to modify the provisions of Section 7.22 – “Taverns and Eating Establishments”.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following text amendment to the St. John’s Development Regulations, pursuant to the provisions of the Urban and Rural Planning Act.

Repeal Section 7.22 (“Taverns and Eating Establishments”) and substitute the following new section.

“1) No Tavern shall be permitted within 50 metres of the Newfoundland War Memorial;

2) No Tavern or Eating Establishment shall be permitted on the property situate between Airport Road and Portugal Cove Road which property was the subject of the St. John’s Development Regulations Amendment Number 325, 2004;

3) An application for a Tavern shall be processed as a Discretionary Use where a Tavern is proposed to be located within 150 metres of a Church, a School or a Residential Zone or an Apartment Zone;

4) An application for a Tavern at a property located in the Downtown Business Improvement Area shall be processed as a Discretionary Use excepting those properties abutting George Street, between Queen Street and Water Street as more particularly described in Map K, Section 3 of these Regulations where a Tavern shall be a Permitted Use; and

5) An application for an outdoor eating area and/or a drive-thru associated with an Eating Establishment shall be processed as a Discretionary Use where the - 5 - 2009-10-26

Eating Establishment is located within 150 metres of a Church, a School or a Residential Zone or an Apartment Zone.”

BE IT FURTHER RESOLVED that the City of St. John’ requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 26th day of October, 2009.

______I hereby certify that this Amendment has been prepared in Mayor accordance with the Urban and Rural Planning Act, 2000.

______Director of Corporate Services/ MCIP City Clerk

It was noted during discussion that there are still complaints from residents about noise from some bars after hours. The Chief Commissioner and City Solicitor noted that the City had extensive consultation with the club owners regarding after hour bar noise which was brought to the attention of the Newfoundland Liquor Corp. He indicated that if there are complaints they should be brought forward.

Following discussion, the motion being put was unanimously carried.

Public Hearings

Public Meeting Report dated October 20, 2009 Re 1. Rezoning Application for the Corpus Christi Parish Hall Site 2. Rezoning Application for the Land West of Civic Number 227 Waterford Bridge Road Memorandum dated October 23, 2009 from the Director of Planning Memorandum from the Director of Planning dated October 26, 2009

SJMC2009-10-26/606R Regarding #1, Rezoning Application for the Corpus Christi Parish Hall Site; It was moved by Councillor Hickman; seconded by Councillor O’Leary: That a decision be deferred on the application for the rezoning of the Corpus Christi Parish Hall site until such time as the Eastern School District has an opportunity to review and comment on the application and until such time as the Eastern School District advises the City that the proposed subdivision - 6 - 2009-10-26

plan is acceptable for the parking requirements of the Beaconsfield Junior High School.

In this regard Council considered a letter dated October 25, 2009 from Arthur H, Hamlyn and Lorraine Hamlyn, 180 Waterford Bridge Road Re Proposed Rezoning to accommodate Residential Development Waterford Bridge Road

The motion being put was unanimously carried.

SJMC2009-10-26/607R Regarding Item #2, Rezoning Application for the land West of Civic Number 227 Waterford Bridge Road, it was moved by Councillor Hann; seconded by Councillor Hickman: That the following Resolutions for St. John’s Municipal Plan Amendment Number 77, 2009 and St. John’s Development Regulations Amendment Number 472, 2009 be adopted in principle, which will then be referred to the Department of Municipal Affairs with a request for the issuance of a Provincial release, be adopted:

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 77, 2009

WHEREAS the City of St. John’s wishes to amend the land use designation of property located on the south side of Waterford Bridge Road, west of Civic Number 227 Waterford Bridge Road.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan in accordance with the provisions of the Urban and Rural Planning Act.

Redesignate land located on the south side of Waterford Bridge Road, west of Civic Number 227 Waterford Bridge Road, from the Institutional Land Use District to the Residential Low Density Land Use District and the Open Space Land Use District as shown on Map III-1A attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 26th day of October, 2009.

- 7 - 2009-10-26

Mayor I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000.

Director of Corporate Services and City Clerk MCIP

Provincial Registration

- 8 - 2009-10-26

RESOLUTION

ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 472, 2009

WHEREAS the City of St. John’s wishes to amend the land use zoning designation of property located on the south side of Waterford Bridge Road, west of Civic Number 227 Waterford Bridge Road.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations in accordance with the provisions of the Urban and Rural Planning Act.

Rezone land located on the south side of Waterford Bridge Road, west of Civic Number 227 Waterford Bridge Road, from the Institutional Zone to the Residential Low Density (R1) Zone and the Open Space (O) Zone as shown in Map Z-1A attached.

BE IT FURTHER RESOLVED that the City of St. John’ requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 26th day of October.

______I hereby certify that this Amendment has been prepared in Mayor accordance with the Urban and Rural Planning Act, 2000.

______Director of Corporate Services/

City Clerk ______MCIP

- 9 - 2009-10-26

The Director of Planning pointed out that the rezoning application only is being dealt with at this point and once Provincial release is issued, the amendments will be referred back to a future Regular Meeting of Council for consideration of formal adoption and the appointment of an independent commissioner to conduct a public hearing on the amendments in accordance with the requirements of the Provincial Urban and Rural Planning Act .

Following discussion, the motion being put was unanimously carried.

- 12 - 2009-10-26

HICKMAN MOTORS LIMITED 20 PEET ST MS CAR SALES LOT ORTHOPEDIC SOLUTIONS 342 PENNYWELL RD MS RETAIL STORE EASTSIDE MARIO'S 180 PORTUGAL COVE RD MS RESTAURANT TIM DONUT LIMITED 30 ROPEWALK LANE MS RESTAURANT MR. SUB 117 ROPEWALK LANE MS EATING ESTABLISHMENT MCDONALD'S RESTAURANTS OF 14 STAVANGER DR MS RESTAURANT FUTURE SHOP 20 STAVANGER DR MS RETAIL STORE CREATIVE BRICK AND TILE 25 STAVANGER DR MS RETAIL STORE GOING MOBILE 15-27 STAVANGER DR MS RETAIL STORE LOBLAWS PROPERTIES LIMITED 55 STAVANGER DR MS RETAIL STORE MCDONALD'S RESTAURANTS CAN.LTD 506 TOPSAIL RD MS RESTAURANT NEW WORLD FITNESS 644 TOPSAIL RD MS CLUB RED ROCK GRILL 686 TOPSAIL RD MS RESTAURANT SECOND PAGE 655 TOPSAIL RD MS OFFICE CHES'S SNACKS LIMITED 655 TOPSAIL RD MS RESTAURANT MCDONALD'S REST.CAN.LTD. 248 TORBAY RD MS RESTAURANT JUNGLE JIMS 286 TORBAY RD MS RESTAURANT THE MATTRESS STORE LTD. 286 TORBAY RD MS RETAIL STORE GRUMPY STUMP 272-276 TORBAY RD MS TAVERN BRITON HOLDINGS INC. 272-276 TORBAY RD MS RESTAURANT HAWKNO HOLDINGS LIMITED 272-276 TORBAY RD MS RESTAURANT COCONUT ISLAND TAN 272-276 TORBAY RD MS SERVICE SHOP BANK OF NOVA SCOTIA TORBAY RD MS BANK BULLDOG FITNESS TORBAY ROAD-TORBAY RD MALL MS SERVICE SHOP THERAPEUTIX 722 WATER ST MS CLINIC D & H ENTERPRISES LTD. 43 FLEMING ST NC PATIO DECK JUNCTIONS 208 WATER ST RN TAVERN LOTO KING ENTERPRISES AVALON MALL - LOTTERY KIOSK CO RETAIL STORE CHURCHILL INVESTMENTS INC. 3 CHURCH HILL RN OFFICE GREENSLEEVES LTD. 14 GEORGE ST RN TAVERN GREAT WEST LIFE 39-41 PIPPY PL RN OFFICE ROYAL BANK OF CANADA 151 CROSBIE RD RN BANK SIMPLY LIVING 20 ROPEWALK LANE CR RETAIL STORE SOUTHWEST PROPERTIES 215 WATER ST, 7TH FLR CORRIDOR RN MIXED USE HENNEBURY ENGINEERING LTD 20 WHITE ROSE DR NC WAREHOUSE AVALON SPORTS INC. 39 CHURCHILL AVE NC CLUB

THIS WEEK $ 4,348,786.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

CLASS: RESIDENTIAL

LORNE & TRACEY LAMBERT 24 BAR HAVEN ST NC ACCESSORY BUILDING STANFORD COLLINS 3 BAR HAVEN ST NC ACCESSORY BUILDING STEVE KIELEY BISHOP'S LINE, LOT 2 NC SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 2 BLUE JACKET PL, LOT 77 NC SINGLE DETACHED DWELLING ERCO HOMES 1 BLUE JACKET PL, LOT 59 NC SINGLE DETACHED DWELLING MIKE & ASHLEY FELTHAM-BROWNE 21 BOLAND ST NC ACCESSORY BUILDING GERALDINE DONOVAN 128 BOND ST NC PATIO DECK STEVEN PERHAM 223 BROOKFIELD RD NC ACCESSORY BUILDING DENNIS PENNEY 17 CARIBOU PL, LOT 17 NC SINGLE DETACHED DWELLING NEIL HARDY 106-108 DONOVAN'S RD NC ACCESSORY BUILDING JAMES SMITH 60 EDISON PL NC PATIO DECK - 13 - 2009-10-26

DERMOT & JOAN CONWAY 779 EMPIRE AVE NC ACCESSORY BUILDING PRO TECH CONSTRUCTION FRANCIS STREET, LOT 71 NC SINGLE DETACHED DWELLING PERHAM HOMES LTD. 30 GREAT EASTERN AVE, LOT 55 NC SINGLE DETACHED DWELLING REV. MYLES VARDY 34 CURLING PL NC ACCESSORY BUILDING REARDON CONSTRUCTION 7 JENNMAR CRES - LOT 75 NC SINGLE DETACHED DWELLING REARDON CONSTRUCTION 9 JENNMAR CRES - LOT 76 NC SINGLE DETACHED DWELLING REARDON CONSTRUCTION 17 JENNMAR CRES - LOT 80 NC SINGLE DETACHED DWELLING REARDON CONSTRUCTION & DEV LTD 39 JENNMAR CRES, LOT 91 NC SINGLE DETACHED DWELLING REARDON CONSTRUCTION 43 JENNMAR CRES -LOT 93 NC SINGLE DETACHED DWELLING GIBRALTAR DEVELOPMENT LTD. 68 JULIEANN PL NC FENCE GIBRALTAR DEVELOPMENT LTDMITED 68 JULIEANN PL NC ACCESSORY BUILDING NEW VICTORIAN HOMES 19 KERR ST, LOT 42 NC SINGLE DETACHED DWELLING FRANK WILLIAM O'NEILL 17 LAUGHLIN CRES NC ACCESSORY BUILDING CARDINAL HOMES LIMITED 17 LIONS RD, LOT 44 NC SINGLE DETACHED DWELLING CARDINAL HOMES LIMITED 23 LIONS RD, LOT 41 NC SINGLE DETACHED DWELLING ASHLEY ROWBOTTOM 37 PIPER ST NC PATIO DECK ERCO HOMES 24 SGT. CRAIG GILLAM AVE LOT 7 NC SINGLE DETACHED DWELLING GREG DALTON 32 SLATTERY RD NC ACCESSORY BUILDING PAUL DALY PHOTOGRAPHY 20 CRAIGMILLAR AVE CO HOME OCCUPATION ROBERT & ELIZABETH CAMPBELL 12 LAUGHLIN CRES EX SINGLE DETACHED DWELLING GERALD & TINA RAYMOND 461 MAIN RD EX SINGLE DETACHED DWELLING PRINCIPAL HOLDINGS 38 BATTERY RD RN SEMI-DETACHED DWELLING TOR NAESS 3 OUTER BATTERY RD RN SINGLE DETACHED DWELLING JIM & GLENDA HAYNES 18 CATHERINE ST RN SINGLE DETACHED DWELLING RAYMOND POLLETT 1 DUMBARTON PL RN SINGLE DETACHED DWELLING ALLISON MILES 60 FERRYLAND ST W RN SINGLE DETACHED DWELLING GEORGE ALEXANDER OAKLEY 64 FRESHWATER RD RN SEMI-DETACHED DWELLING VALERIE GAMBERG 21 MAYOR AVE RN SINGLE DETACHED DWELLING KELLY FEWER 83 NEW COVE RD RN SINGLE DETACHED & SUB.APT ASHLEY ROWBOTTOM 37 PIPER ST RN SINGLE DETACHED DWELLING CURTIS W. BURNS AND 109 PLEASANT ST RN SINGLE DETACHED DWELLING PATRICIA GREENE 58 PRESCOTT ST RN SINGLE DETACHED DWELLING STEPHEN & CHRISTA SHORT 96 SEABORN ST RN SEMI-DETACHED DWELLING WESLEY TEMPLE 163 UNIVERSITY AVE RN SINGLE DETACHED & SUB.APT

THIS WEEK $ 2,254,167.00

CLASS: DEMOLITION

TAIWAN (ST. JOHN'S) INC. 394 KENMOUNT RD DM RESTAURANT

THIS WEEK $ 25,000.00

THIS WEEK''S TOTAL: $ 6,627,953.00

REPAIR PERMITS ISSUED: 2009/10/15 TO 2009/10/21 $ 78,726.00

LEGEND

CO CHANGE OF OCCUPANCY SN SIGN CR CHNG OF OCC/RENOVTNS MS MOBILE SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE - 14 - 2009-10-26

SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2009-10-26/610R It was decided on motion of Councillor Colbert; seconded by Councillor Collins: That the following Payrolls and Accounts for the week ending October 22nd, 2009, be approved:

Weekly Payment Vouchers For The Week Ending October 22, 2009

PAYROLL

Public Works $ 315,306.68

Bi-Weekly Casual $ 16,240.08

ACCOUNTS PAYABLE

Cheque No. 153818 - 154191 $4,877,684.25

Total: $5,209,231.01

The motion being put was unanimously carried.

Tenders

a. Tender – Litter Pickup at Robin Hood Bay b. Tender - Ayre Athletic Grounds, Proposed Service Building

SJMC2009-10-26/611R It was moved by Councillor Colbert; seconded by Councillor Collins: That the recommendations of the Director of Finance and City Treasurer, and the Director of Building and Property Management be approved and the tenders awarded as follows:

a. Kelloway Construction in the amount of $95,695.00 (taxes not included)

b. J & T Construction in the amount of $447,000.00

- 15 - 2009-10-26

Regarding b – Tender for Ayre Athletic Grounds, Proposed Service Building, Councillor Hann expressed concern over the fact that the tender is $97,000 over the pre-tender estimate and that the over expenditure has to be funded out of next year’s budget. Councillor Hann asked that the Director of Finance provide a list of projects preapproved in advance of next year’s budget.

Councillor Colbert pointed out that the tender came in over the pre-tender estimate, largely due to additional site work and current marketing prices. However, he noted the project involves free lease of land, is a desperately needed facility and will be used for the purpose it is intended.

Following discussion, Council unanimously agreed to award the tender to J & T Construction in the amount of $447,000.00, approving the $97,000.00 cost overrun, which will be funded out of the 2010 Capital Works Budget.

Notice of Motion

Councillor Colbert gave the following Notice of Motion:

TAKE NOTICE that I will at the next regular meeting of Council move to enact an amendment to the St. John’s Mobile Sign By-Law so as to incorporate provisions related to changeable message signage.

DATED at St. John’s this 26th day of October, 2009.

Councillor Colbert gave the following Notice of Motion

TAKE NOTICE that I will at the next regular meeting of Council move to enact an amendment to the St. John’s Sign By-Law so as to exempt signs at recreational facilities owned or operated by the City of St. John’s from the provisions of the By-Law except as to issues of construction, maintenance and safety so as to incorporate provisions related to changeable message signage.

DATED at St. John’s this 26th day of October, 2009.

Lot 5 Carriage Lane/Parkhill Street – Leonard White

Council considered a memorandum dated October 22, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-10-26/612R It was moved by Councillor Collins; seconded by Councillor Hann: That the recommendation of the Chief Commissioner and City Solicitor that approval be given to allow Mr. Leonard White to acquire a parcel of City land at 5 Carriage - 16 - 2009-10-26

Lane in exchange for an equal sized parcel subject to Mr. White providing all necessary surveys, be accepted.

The motion being put was unanimously carried.

Sewer Line Easement Lease

Council considered a memorandum dated October 19, 2009 from the Chief Commissioner and City Solicitor regarding the above noted.

SJMC2009-10-26/613R It was moved by Councillor Collins; seconded by Councillor Hickman: That the Manager of Real Estate Services be authorized to sign the Application for Consent and Assignment of Lease, on behalf of the City, with respect to the Balnafad Sewer Line Easement Lease, the rent to be $1.00 per year.

The motion being put was unanimously carried.

Request for Approval to Borrow

Council considered a memorandum dated October 21, 2009 from the Director of Finance and City Treasurer regarding the above noted.

SJMC2009-10-26/614R It was decided on motion of Councillor Colbert; seconded by Councillor Hann: That the following Resolution be adopted:

WHEREAS the City of St. John’s Municipal Council is empowered under the provisions of the City of St. John’s (Loan) Act, 1978, as amended, to borrow money on the credit of the City by the issue and sale of bonds of the City subject to the approval of the Minister of Municipal Affairs;

AND WHEREAS the Council deems it advisable to issue and sell bonds in an amount of Twenty-Seven Million Dollars ($27,000,000) under the said Act for the purpose of repayment of loans of the City used as interim financing for the construction of the Riverhead Waste Water Treatment Plant and the 2008-2010 Multi-Year Capital Works Program and to seek the approval of the Minister of Municipal Affairs to issue and sell bonds in the said amount for the said purpose;

BE IT THEREFORE RESOLVED that the required approval of the Minister of Municipal Affairs, be sought to issue and sell bonds in the amount of Twenty-Seven Million Dollars ($27,000,000) the proceeds of such sale to be applied towards the repayment of those loans of the City.

Public Meeting, Tuesday, November 10th, 2009, Downtown Parking Study - 17 - 2009-10-26

Council considered a memorandum dated October 21, 2009 from the Associate Commissioner and Director of Engineering advising that the Public Meeting on the Downtown Parking Study will be held on Tuesday, November 10, 2009.

Councillor O’Leary

Councillor O’Leary advised that she is now Council’s representative on the St. John’s Clear and Beautiful Board.

Councillor O’Leary extended congratulations to the St. John’s National Womens’ Film and Video Festival on another very successful event.

She tabled an email from Ms. Noreen Golfman in which she noted that the time has come for proper exhibition space dedicated to film in downtown St. John’s. She asked that the matter be referred to the Arts Advisory Committee for consideration.

Councillor O’Leary tabled the following correspondence regarding Pesticide Use and asked that it be referred to the Public Works, Environment and Protection Committee for consideration:

1. Letter dated October 12, 2009 from Paul Bowdring 2. Correspondence from Mayor Randy Simms, City of Mount Pearl 3. Email from Emma Housser

Councillor Hickman

Councillor Hickman announced that the Robin Hood Bay residential drop-off facility opens tomorrow, October 27, 2009, and will be open from 8 a.m to 4 p.m., Tuesday to Saturday.

Councillor Hann

Councillor Hann referred to Council’s recommendations with respect to the budget process and was advised that the matter is included in the agenda of the Finance and Administration Standing Committee meeting which is scheduled to be held October 28, 2009.

- 18 - 2009-10-26

Councillor Galgay

Councillor Galgay advised that he has received enquiries on the status of the Monument located in Victoria Park dedicated in memory of Moses Monroe. He noted they would like to see the fountain reinstated to its original status. He matter was referred to the Parks and Recreation Committee for investigation. Acting Mayor Duff asked that the City’s plan for Bannerman and Victoria Parks be brought forward to a future meeting of the committee.

Councilor Collins

Councillor Collins advised that he is looking into the possibility of relocating the tot lot on Almond Crescent, which is currently located in the area of the mail boxes.

Councillor Collins advised that the upgrading of Dooling’s Line is near completion and steps will be taken to cut down on excessive speeding.

Letter dated October 25, 2009 from Arthur H, Hamlyn and Lorraine Hamlyn, 180 Waterford Bridge Road Re Proposed Rezoning to accommodate Residential Development Waterford Bridge Road

The above noted letter was tabled and referred to staff for consideration.

Adjournment

There being no further business, the meeting adjourned at 5:30 p.m.

______MAYOR

______CITY CLERK

November 16th, 2009

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Deputy Mayor Duff, Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins

The Chief Commissioner and City Solicitor, the Associate Commissioner/Director of Corporate Services and City Clerk; the Associate Commissioner/Director of Engineering, Director of Finance and City Treasurer; Director of Planning, Development Engineer and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2009-11-16/638R It was decided on motion of Tilley; seconded by Councillor Breen: That the Agenda be adopted as presented with the following additional item:

a. Tender – Exterior Upgrade – Municipal Non-Profit Housing

Adoption of Minutes

SJMC2009-11-16/639R It was decided on motion of Duff; seconded by Councillor Hanlon: That the minutes of the November 9th, 2009 meeting be adopted as presented.

Budget Presentation

The Director of Finance and City Treasurer provided a powerpoint presentation on the 2010 City of St. John’s budget, a copy of which is on file with the City Clerk’s office. He explained the statutory background with respect to the budget process. He noted that the City will be holding two pre-budget consultation and discussion sessions to provide - 2 - 2009-11-16 organized groups and the general public an opportunity to comment on and discuss the City’s operating budget for 2010.

Notices Published

1. A Discretionary Use Application has been submitted by April Kenny requesting permission to operate an Esthetics business as a Home Occupation from Civic No. 36 Dooling’s Line. The proposed nail grooming business will occupy a floor area of 9 square metres and operate by appointment only, daily from 9 a.m. to 6 p.m. On-site parking can accommodate five (5) vehicles. The applicant will be the sole employee. (Ward 5)

SJMC2009-11-16/640R It was moved by Councillor Collins; seconded by Deputy Mayor Duff: That the application be approved.

The motion being put was unanimously carried.

Committee Reports

Special Events Committee Report dated November 28, 2009

Council considered the following Special Events Committee Report dated November 28, 2009:

1) Event: Jingle Bell Walk/Run Location: Quidi Vidi Lake Date: November 22, 2009 Time: 9:00 am – 1:30 pm

This event requires the following roads to be temporarily closed to all traffic except residents:

Lakeview Avenue Carnell Drive Boulevard Quidi Vidi Village Road Forest Road Westbound Clancey Drive

2) Event: Downtown Christmas Parade Location: Downtown Date: November 29, 2009 (Alternative Date December 06, 2009) Time: 1:00 pm – 3:30 pm

This event requires the following Road Closures and No Parking –Tow Aways

- 3 - 2009-11-16

Road Closures:

Factory Lane Plymouth Road Empire Avenue – Kings Bridge Road to Quidi Vidi Road Kings Bridge Road – Empire Avenue to Cavendish Square Cavendish Square Ordinance Street Duckworth Street – Temperance Street to Prescott Street Water Street - Prescott Street to Patrick Street New Gower Street

No Parking- Towing Aways:

Factory Lane Plymouth Road Empire Avenue – Rennies Mill Road to Quidi Vidi Road Circular Road – Bannerman Road to Kings Bridge Road Kings Bridge Road Cavendish Square Duckworth Street – Temperance Street to Prescott Street Water Street – Prescott Street to Patrick Street

3) Event: Festival of Music & Lights Location: Bowring Park Date: December 05, 2009 Time: 4:00 pm – 5:00 pm

Recommendation:

It is the recommendation of the Committee that Council approve the above noted events, subject to the conditions set out by the Special Events Advisory Committee.

Robin King, P. Eng. Chairman, Special Events Advisory Committee

SJMC2009-11-16/641R It was moved by Councillor Colbert; seconded by Councillor Hann: That the Committee’s recommendations be approved.

The motion being put was unanimously carried.

- 5 - 2009-11-16

ELDON W. BESSEY 581 THORBURN RD, E. BESSEY NC WAREHOUSE DOWNEAST TAS COMMUNICATIONS 40 ABERDEEN AVE MS RETAIL STORE CORE INSIGHT CHIROPRACTIC 40 ABERDEEN AVE MS CLINIC PIZZA DELIGHT ENTERPRISES INC. 46 ABERDEEN AVE MS RESTAURANT U WEIGHT LOSS CLINIC 46A ABERDEEN AVE MS CLUB WAL-MART CANADA CORP. 90 ABERDEEN AVE MAGIC CUTS MS SERVICE SHOP CHATTERS BEAUTY SALON 98 ABERDEEN AVE MS SERVICE SHOP REITMANS (CANADA) LIMITED 95C ABERDEEN AVE MS RETAIL STORE IRVING OIL MARKETING LIMITED 8 BAY BULLS RD MS COMMERCIAL GARAGE CHARLES HAMLYN 255 BAY BULLS RD MS SERVICE SHOP BLACKMARSH ESSO 113 BLACKMARSH RD MS SERVICE STATION PROFESSIONAL APPAREL MARKETING 203 BLACKMARSH RD MS RETAIL STORE GDP ENTERPRISES INC. 100 BROOKFIELD RD - NEEDS MS CONVENIENCE STORE INTIMATE DESIRES 3-7 CASHIN AVE MS RETAIL STORE BELL ALIANT 10 ELIZABETH AVE SN RETAIL STORE ELIZABETH PLAZA LIMITED/ 92 ELIZABETH AVE BUSHIDO MS RETAIL STORE NELLA LTD (J.W. ALLAN CO LTD) 94 ELIZABETH AVE MS RETAIL STORE TEN THOUSAND VILLAGES 98 ELIZABETH AVE MS RETAIL STORE ST. PATRICK'S MERCY HOME 146 ELIZABETH AVE MS HOME FOR AGED IRVING OIL LTD. 71-77 ELIZABETH AVE MS SERVICE STATION CUSTOM WHEELS 377 EMPIRE AVE MS RETAIL STORE NEEDS CONVENIENCE 174 FRESHWATER RD MS CONVENIENCE STORE 10768 NEWFOUNDLAND LIMITED 336 FRESHWATER RD MONEYMART MS OFFICE SALON 56 15 GOLDSTONE ST MS SERVICE SHOP UPTOWN HAIR DESIGN & 169 HAMLYN RD MS SERVICE SHOP JUMBO VIDEO 12-20 HIGHLAND DR MS RETAIL STORE KENNY ENTERPRISES LIMITED 12-20 HIGHLAND DR MS CONVENIENCE STORE PENNEY'S UNISEX 12-20 HIGHLAND DR MS SERVICE SHOP STATION LOUNGE 7 HUTCHINGS ST MS TAVERN SJJ ENTERPRISE LTD. 58 KENMOUNT RD KIDDIE KOBBLER MS RETAIL STORE INDIGO BOOKS & MUSIC INC. 70 KENMOUNT RD CHAPTERS MS RETAIL STORE SALVATION ARMY NAT.RECYCLING 49-51 KENMOUNT RD MS RETAIL STORE COHEN'S CARPET ONE 81 KENMOUNT RD MS RETAIL STORE ATHOME FURNISHINGS 193 KENMOUNT RD MS RETAIL STORE VOGUE 193 KENMOUNT RD MS SERVICE SHOP NL PRE-OWNED 207 KENMOUNT RD MS RETAIL STORE NEEDS CONVENIENCE 330 LEMARCHANT RD MS CONVENIENCE STORE LAKEVIEW CHIROPRACTIC 1 LOGY BAY RD MS CLINIC VORTAX AUTO 225 LOGY BAY RD MS COMMERCIAL GARAGE T.R.A. 430-432 MAIN RD - NEEDS MS CONVENIENCE STORE NORTH ATLANTIC PETROLEUM 484-490 MAIN RD MS OFFICE EDISON ELECTRONICS 355-367 MAIN RD MS OTHER MAJOR'S PATH AUTOMOTIVE 59 MAJOR'S PATH MS COMMERCIAL GARAGE TRAVEL QUEST 239 MAJOR'S PATH MS OFFICE ABC SIDING & WINDOWS INC. 1 MARCONI PL MS RETAIL STORE YW-YMCA NEW COVE RD MS CLUB ESSENTIAL CHIROPRATIC 119 NEW COVE RD MS CLINIC VACANT (SOOTHE) 119 NEW COVE RD MS RETAIL STORE CANTON RESTAURANT 200-232 NEWFOUNDLAND DR MS RESTAURANT ACTIVE WOMEN 446 NEWFOUNDLAND DR MS CLUB ACTION INSURANCE SERVICES INC. 446 NEWFOUNDLAND DR MS OFFICE NEEDS CONVENIENCE 449 NEWFOUNDLAND DR MS CONVENIENCE STORE CAREGIVERS 31 PEET ST MS OFFICE SPARTAN FITNESS EQUIPMENT 71 O'LEARY AVE MS RETAIL STORE SIGNAL HOBBIES 36 PEARSON ST MS RETAIL STORE ARGOSY ENTERPRISES 36 PEARSON ST MS RETAIL STORE NEW LOOK UPHOLSTERY 20 PEET ST MS RETAIL STORE NORTH ATLANTIC REFINING LTD. 154 PENNYWELL RD MS SERVICE STATION DOWNEAST-TAS COMMUNICATIONS 34 PIPPY PL MS RETAIL STORE MARIE'S MINI MART 27 AIRPORT HEIGHTS DR MS CONVENIENCE STORE STAND 'N' TAN LIMITED 20 ROPEWALK LANE MS SERVICE SHOP CANADIAN CANCER SOCIETY 70 ROPEWALK LANE MS OFFICE IRVING OIL MARKETING LIMITED 2 STAVANGER DR MS RETAIL STORE KENT 10 STAVANGER DR MS RETAIL STORE - 6 - 2009-11-16

THE BUSINESS DEPOT LTD. 34 STAVANGER DR MS RETAIL STORE THE BUSINESS DEPOT LTD. 34 STAVANGER DR MS RETAIL STORE BELL ALIANT 430 TOPSAIL RD, BELL ALIANT SN RETAIL STORE KENNY ENTERPRISES LIMITED 462 TOPSAIL RD- MARIES MINI MS CONVENIENCE STORE IRVING OIL CO. LTD. 632 TOPSAIL RD MS COMMERCIAL GARAGE TOPSAIL BILLIARD INC. 681 TOPSAIL RD MS PLACE OF AMUSEMENT PIPERS DEPARTMENT STORES 681 TOPSAIL RD MS RETAIL STORE E C BOONE LIMITED TORBAY ROAD - BILBOARD SN PUBLIC USE BELLA VISTA LIMITED 26-34 TORBAY RD MS TAVERN SUBWAY 46 TORBAY RD MS EATING ESTABLISHMENT DOWNEAST COMMUNICATIONS 10 ELIZABETH AVE MS RETAIL STORE LEGROWS TRAVEL 10 ELIZABETH AVE MS OFFICE IRVING OIL CO. LTD. 192-194 TORBAY RD MS SERVICE STATION GRANITE DEPARTMENT STORE INC. 272-276 TORBAY RD MS RETAIL STORE STEPPING STONE INC. 272-276 TORBAY RD MS COMMERCIAL SCHOOL NORTH ATLANTIC REFINING LTD. 280 TORBAY RD MS RETAIL STORE COLOR YOUR WORLD 464 TORBAY RD MS RETAIL STORE SUN SPA #1 145 TORBAY RD MS SERVICE SHOP SUN SPA #2 145 TORBAY RD MS SERVICE SHOP JOSADA HAIR STUDIO TORBAY ROAD-TORBAY RD MALL MS SERVICE SHOP CASH CITY TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE FRENCHY'S CLOTHING STORE LTD. TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE KUMON 145 TORBAY ROAD,KUMON MS RETAIL STORE GLOBAL GYM 92 ELIZABETH AVE RN CLUB WAI KWAN CHAN 80 KENMOUNT RD, THE CASH STORE RN BANK POLLETT HOLDINGS LTD 62-64 CAMPBELL AVE RN OFFICE N.D. DOBBIN PROPERTIES LIMITED 10 AUSTIN STREET NC ACCESSORY BUILDING COUNTRY RIBBON INC. NORTHERN POND RD-COUNTRY RIBBO NC AGRICULTURE KIM FOSTER 46B ABERDEEN AVE-U WEIGHT LOSS TI CLUB FFAW-CAW ETAL 368 HAMILTON AVE CR OFFICE

THIS WEEK $ 1,949,675.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

CITY OF ST JOHN'S 154 BLACKMARSH RD MS ADMIN BLDG/GOV/NON-PROFIT WATER TREATMENT PLANT 90 DENSMORE'S LANE NC ACCESSORY BUILDING

THIS WEEK $ 2,000.00

CLASS: RESIDENTIAL

MIKE TAYLOR 25 BAY BULLS RD NC ACCESSORY BUILDING ROSE HALLIDAY 4 BERGERON PL NC ACCESSORY BUILDING KARWOOD CONTRACTING LTD. 22 SPRUCE GROVE AVE, LOT 132 NC SINGLE DETACHED DWELLING CLOVER CONSTRUCTION INC. 101 BRAD GUSHUE CRES, LOT 159 NC SINGLE DETACHED DWELLING PRO TECH CONSTRUCTION LTD 90 CASTLE BRIDGE DR, LOT 38 NC SINGLE DETACHED DWELLING PHILIP POWER & SON CASTLE BRIDGE DR, LOT 61 NC SINGLE DETACHED DWELLING TERRY WALSH CONSTRUCTION 67 CHEROKEE DR, LOT 64 NC SINGLE DETACHED DWELLING PAUL COLLETT 12 COTTONWOOD CRES NC ACCESSORY BUILDING BAE NEWPLAN 47 DUCKWORTH ST -UNIT 101 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST, UNIT 102 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 103 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 104 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 105 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 106 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 107 NC CONDOMINIUM - 7 - 2009-11-16

BAE NEWPLAN 47 DUCKWORTH ST - UNIT 108 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 201 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 202 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 203 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 204 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 205 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 206 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST- UNIT 207 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST-UNIT 208 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 301 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 302 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 303 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 304 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 305 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 306 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 307 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 308 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 401 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST- UNIT 402 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 403 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 404 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST -UNIT 405 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 406 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 407 NC CONDOMINIUM BAE NEWPLAN 47 DUCKWORTH ST - UNIT 408 NC CONDOMINIUM PAUL KENNETH HATT & 119 FOREST RD NC ACCESSORY BUILDING PRO TECH CONSTRUCTION FRANCES STREET, LOT 56 NC SINGLE DETACHED DWELLING MACINTYRE HOMES 25 GOLD MEDAL DR, LOT 179 NC SINGLE DETACHED DWELLING PERHAM HOMES LIMITED 32 GREAT EASTERN AVE, LOT 54 NC SINGLE DETACHED & SUB.APT DESMOND CLARKE 88 GREAT EASTERN AVE NC ACCESSORY BUILDING BRIAN ELLSWORTH 99 GREENSPOND DR NC ACCESSORY BUILDING GERALD WESTCOTT 17 HATCHER ST NC ACCESSORY BUILDING CARDINAL HOMES LIMITED 22 LIONS RD, LOT 16 NC SINGLE DETACHED DWELLING CARDINAL HOMES LIMITED 27 LIONS RD, LOT 39 NC SINGLE DETACHED DWELLING GIBRALTAR DEVELOPMENT LTD. 455-465 LOGY BAY RD NC CONDOMINIUM TRUMAN HOWELL 342 NEW PENNYWELL RD NC SINGLE DETACHED DWELLING YVONNE DAVIS 59 PENETANGUISHENE RD NC ACCESSORY BUILDING SKYMARK HOMES 41 PIPER ST, LOT 199 NC SINGLE DETACHED DWELLING J. GORDON O'BRIEN 91 ST. CLARE AVE NC ACCESSORY BUILDING ERCO HOMES 72 SHORTALL ST, LOT 46 NC SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 10 SOLDIER CRES, LOT 42 NC SINGLE DETACHED DWELLING FABIAN O'DEA 18 SPENCER ST/2 UNIT INFILL NC INFILL HOUSING SUSAN ABBOTT 314 STAVANGER DR NC ACCESSORY BUILDING DARREN FOWLER AND 28 SHAW STREET NC SINGLE DETACHED DWELLING RYAN PARSONS AND 17 WINSLOW ST NC FENCE CATHERINE TARRANT 6 POINT VERDE PL CO HOME OFFICE FAIRVIEW INVESTMENTS 14 HARRIS RD CR SINGLE DETACHED & SUB.APT DONNA MARIE & CALVIN MARTIN 22 NONIA ST CR SUBSIDIARY APARTMENT THOMAS MAHONEY 38 RIGOLET CRES CR SUBSIDIARY APARTMENT MARVA THORNHILL SMALLWOOD 13 CHARLOTTETOWN PL EX SINGLE DETACHED DWELLING LISE PETRIE 7 CORK PL EX SINGLE DETACHED DWELLING PETER LEWIS & TRACEY SHAVE 17 GLENRIDGE CRES EX SINGLE DETACHED DWELLING RON CROKE 65 WABUSH PL EX SINGLE DETACHED DWELLING H. BRANTDS BUYS 65 CRAIGMILLAR AVE RN TOWNHOUSING MIKE WARD 15 DINN'S AVE RN SINGLE DETACHED DWELLING LARRY MURPHY 39-41 DOYLE'S RD RN SINGLE DETACHED DWELLING PAULA GEORGE 6 LARKHALL ST RN SINGLE DETACHED DWELLING GLEN MOLLOY 70 LARKHALL ST RN SINGLE DETACHED & SUB.APT MARY O'NEILL 83 LIME ST RN TOWNHOUSING BROLEIGH CONSTRUCTION LTD. 11 MONKSTOWN RD RN APARTMENT BUILDING CHRIS WHITTEN 29 ALBANY ST SW SINGLE DETACHED & SUB.APT AMY MCGRATH 132 RICKETTS RD SW TOWNHOUSING ANNMARI TOUGUI 8 WINTER PL SW SINGLE DETACHED DWELLING JANET CULL PLANET ROCK 386 STAVANGER DR MS RETAIL STORE - 8 - 2009-11-16

THIS WEEK $ 7,572,999.00

CLASS: DEMOLITION

DARREN FOWLER AND 28 SHAW STREET DM SINGLE DETACHED DWELLING

THIS WEEK $ 5,000.00

THIS WEEK'S TOTAL: $ 9,529,674.00

REPAIR PERMITS ISSUED: 2009/11/05 TO 2009/11/11 $ 71,500.00

LEGEND

CO CHANGE OF OCCUPANCY SN SIGN CR CHNG OF OCC/RENOVTNS MS MOBILE SIGN EX EXTENSION TI TENANT IMPROVEMENTS NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2009-11-16/643R It was decided on motion of Councillor Galgay; seconded by Councillor Tilley: That the following Payrolls and Accounts for the week ending November 12th, 2009, be approved:

Weekly Payment Vouchers For The Week Ending November 12, 2009

PAYROLL

Public Works $ 305,172.30 Bi-Weekly Amalgamation $ 471,725.17

Bi-Weekly Management $ 599,794.26 Bi-Weekly Administration $ 650,045.61

ACCOUNTS PAYABLE

Cheque No. 154895 - 155218

Total: $4,693,667.43

- 9 - 2009-11-16

Tender

a. Tender – New Year’s Eve Pyromusical Display b. Tender - Exterior Upgrade Municipal Non-Profit Housing

SJMC2009-11-09/644R It was decided on motion of Councillor Galgay; seconded by Councillor Tilley: That the recommendation of the Director of Building and Property Management be approved and the tender awarded as follows:

a. Fireworks F/X Inc. in the amount of $20,000.00

b. i. Hamlyn Road (24 units) - Kelloway Const. in the amount of $367,354.00 (HST included) ii. Rockcrest/Infill 1988 (23 units) Coastal Building in the amount of $394,839.00 – (HST included) iii. Bastow/Mifflin (26 units) in the amount of $554,000.00 - (HST included) iv. Various/Infill 1990 in the amount of $496,000.00 - (HST included)

Petitions

Councillor Breen tabled a petition the prayer of which reads as follows and which was referred to the Parks and Recreation Standing Committee for consideration.

We the undersigned residents of Virginia Place and surrounding areas wish to present this petition to the City of St. John’s to reinstate the playground equipment in the open space between Virginia Place and Blake Place, formerly known as Blake Place Playground.

Council Meetings, Christmas Session

Council considered a memorandum dated November 13th, 2009 from the Associate Commissioner/Director of Corporate Services and City Clerk regarding the above noted.

SJMC2009-11-16/645R It was moved by Councillor Hanlon; seconded by Councillor Breen: That Council suspend its meetings for December 21st and 28th , 2009 with the final meeting for 2009 being December 14th, and the first meeting for 2010 being January 4th.

The motion being put was unanimously carried.

Quarterly Travel Report

Council considered as information the quarterly travel report for the third quarter of 2009 in accordance with the City’s Freedom of Information By-Law.

- 10 - 2009-11-16

Correspondence re Team Gushue Highway

Council considered a letter dated November 4th, 2009 from Mayor Randy Simms, City of Mount Pearl, a letter dated August 31, 2009 to Mayor Randy Simms from Mayor Dennis O’Keefe and a memorandum to Council dated January 6, 2006 from the Associate Commissioner and Director of Engineering concerning a traffic volume analysis of the proposed East West Arterial Road. Mayor O’Keefe has asked that the City of Mount Pearl agree to assume 25% of the costs of operating and maintaining the Team Gushue Highway. Mayor Simms advised that the City of Mount Pearl must decline the opportunity to participate, maintaining that the maintenance of this highway remains the responsibility of the Provincial Government.

Members of Council all agreed on the importance of Regional cooperation but felt it unfair to expect the residents of St. John’s to bear the burden of the maintenance and operational costs of the highway given the fact the highway will have a significant impact on the City of Mount Pearl. It was suggested that maybe the City could look at tolling the highway. Councillor Galgay felt it important to see all the details of such a proposal and questioned if such a move might be precedent setting. The discussion continued and resulted in the following motion being put forward.

SJMC2009-11-16/646R It was moved by Councillor Hann; seconded by Councillor Breen: That staff be directed to conduct a study on the feasibility of establishing a poll booth along the Team Gushue Highway as a means of providing the maintenance and operational costs of the highway.

The motion being put was unanimously carried.

MACY Request for Luncheon Memorandum dated November 12, 3009 from Recording Secretary

SJMC2009-11-16/647R It was moved by Councillor Colbert; seconded by Councillor Hickman: That the City sponsor a luncheon on December 15th, in appreciation of the contribution by members of the Mayor’s Advisory Committee on Youth, which is comprised of representatives from the youth community, youth serving agencies and City staff.

The motion being put was unanimously carried.

- 11 - 2009-11-16

Request to sponsor a table of ten at a cost of $1,250.00 in support of Canadian Red Cross Annual Humanitarian Dinner

SJMC2009-11-16/648R It was moved by Councillor Duff-; seconded by Councillor Hickman: That the City sponsor a table of ten at a cost of $1,250.00 in support of the Canadian Red Cross Annual Humanitarian Dinner, in accordance with current City policy.

The motion being put was carried with Councillor Hann dissenting.

Resolution – Proposed NAFO Amendments

SJMC2009-11-16/649R It was moved by Councillor Duff; seconded by Councillor Hann: That the following Resolution to reject proposed NAFO Amendments be adopted:

RESOLUTION TO REJECT PROPOSED NAFO AMENDMENTS

WHEREAS, the Northwest Atlantic Fisheries Organization (NAFO) has had a history of mismanaging fisheries outside Canada’s 200 mile Exclusive Economic Zone (EEZ);

WHEREAS, proposed amendments to the Northwest Atlantic Fisheries Organization Convention make provision for NAFO to exercise control and management of fish stocks inside our 200 mile EEZ;

WHEREAS, a proposal to change NAFO’s voting system from a simple majority to a two thirds majority will make it more difficult for Canada to gain support for conservation decisions and catch limits;

WHEREAS, the proposed amendments would compromise Canadian sovereignty over our 200 mile EEZ and allow foreign states to establish and enforce catch and quota allocations inside Canada’s 200 mile zone;

WHEREAS, the proposed amendment would undermine our ability to rebuild and manage fish stocks off our coast;

WHEREAS, Newfoundland and Labrador coastal communities would be deprived of groundfish resources that have sustained them for centuries and have potential to do so long into the future;

WHEREAS, experts with years of experience with NAFO have called the proposed amendments “a sell-out of Canadian interests”; and

WHEREAS, no reasonable rationale has been offered for the proposed amendments to the NAFO Convention.

BE IT THEREFORE RESOLVED, that this Resolution calls on the Government of Canada to reject the proposed amendments and so inform NAFO and its member countries.

- 12 - 2009-11-16

During discussion, Council asked that the Prime Minister, Peter MacKay, the Province’s Federal representative in Cabinet, all Newfoundland MPs and Senators, Premier Danny Williams and Provincial Fisheries Minister, Tom Hedderson be copied on the Resolution and called upon to reject the proposed NAFO Amendments. In addition, Council called upon all municipalities across the Province to pass their own similar resolution.

The motion being put was unanimously carried.

Deputy Mayor Duff

Deputy Mayor Duff asked on behalf of the Pippy Park Commission if the City would be willing to donate to them one of its vehicles slated for public auction. The matter was referred to the Chief Commissioner and City Solicitor for follow- up.

Councillor Breen

Councillor Breen tabled a letter from Dr. Garry B. Stenson concerning the Crosby Drive development which was referred to the Development Committee for follow- up. Councillor Tilley

Councillor Tilley tabled a letter from citizens of Ward 3 concerned about high speeds in their area, which was referred to the Police and Traffic Committee for consideration.

In this regard, Councillor Colbert asked if the City has looked at a device whereby speeders are picked up and automatically ticketed. The Chief Commissioner and City Solicitor advised that the City did consider red light technology which would require legislative amendments, however, the City has no authority over moving violations. As well, he noted that a number of years ago the City explored the idea of creating its own traffic division, seeking that authority, or contracting that service through the RNC, however, the concept was not well received.

- 13 - 2009-11-16

The Associate Commissioner/Director of Engineering advised that at the previous meeting of the Police and Traffic Committee the Transportation Engineer brought forward a report about engaging a consultant to carry out a full report and study on traffic counting measures which a number of municipalities have taken on in an attempt to address issues like speeding on residential streets, and the City has included an allocation in the upcoming budget in order to engage in that process and look at what potentially could work in the City of St. John’s.

Councillor Hanlon

Councillor Hanlon indicated she would like to see more consideration given to the development and planning of park space in subdivision developments. The matter was referred to the Planning and Housing Standing Committee for consideration.

Adjournment

There being no further business, the meeting adjourned at 6:16 p.m.

______MAYOR

______CITY CLERK

February 22nd, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Deputy Mayor Duff; Councillors O’Leary, Hickman, Hann, Colbert, Breen, Galgay, Tilley, Hanlon and Collins

The City Manager, the Deputy City Manager/Director of Corporate Services and City Clerk, Deputy City Manager/Director of Public Works and Parks, Director of Planning, Director of Engineering, City Solicitor and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-02-22/107R It was decided on motion of Councillor Tilley; seconded by Councillor Galgay: That the Agenda be adopted as presented including the following additional items:

a. Nomenclature Committee Report dated February 11th, 2010

Adoption of Minutes

SJMC2010-02-22/108R It was decided on motion of Deputy Mayor Duff; seconded by Councillor Breen: That the minutes of the February 15th, 2010 meeting be adopted as presented.

Business Arising

Notice of Motion – Conflict of Interest By-Law

SJMC2010-02-22/109R Pursuant to Notice of Motion, it was moved by Councillor Colbert; seconded by Councillor: That the following City of St. John’s Conflict of Interest (Amendment No. 1 – 2010) By-Law be adopted:

- 2 - 2010-02-22

BY-LAW NO.

CITY OF ST. JOHN’S CONFLICT OF INTEREST (AMENDMENT NO. 1 – 2010) BY-LAW

PASSED BY COUNCIL ON FEBRUARY 22, 2010

Under and by virtue of the powers conferred by Section 22(1) of the City of St. John’s Act, c.C-17 RSNL 1990, and all other powers it enabling, the St. John’s Municipal Council in regular session convened on this 22nd day of February, A.D., 2010, hereby passes and enacts the following By-Law.

BY-LAW

1. This By-Law may be cited as the City of St. John’s Conflict of Interest (Amendment No. 1 – 2010) By-Law.

2. Subsections 3(2) and 3(3) of the City of St. John’s Conflict of Interest By-Law are repealed and the following substituted:

“3.(2) Section 3(1) does not apply to the following:

(a) any matter of general application that is to be decided by Council that is related to all the citizens of the City or a broad class thereof of which the member of Council or a relative is a member;

(b) wholly owned subsidiaries of the City; and

(c) any pecuniary interest of a remote or insignificant nature including an interest that a member of Council is not required to disclose pursuant to subsections 7(b) and (c) and subsections 8(a) and (b) hereof.”

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By-Law has been signed by the Mayor and City Clerk this 22nd day of February, 2010.

MAYOR

CITY CLERK

The motion being put was unanimously carried.

- 3 - 2010-02-22

Notice of Motion – City of St. John’s Municipal Plan Review Memorandum dated February 18th, 2010 from the Director of Planning

SJMC2010-02-22/110R Pursuant to Notice of Motion, it was moved by Deputy Mayor Duff; seconded by Councillor Colbert: That Council’s motion of March 3, 2008 to defer a review of the City of St. John’s Municipal Plan pending the completion of the review of the Regional Plan for the North East Avalon, be rescinded.

In this regard, Council considered a memorandum dated February 18th, 2010 from the Director of Planning which provided information for Council in respect to the March 3, 2008 decision of Council to defer the review of the St. John’s Municipal Plan.

Discussion ensued during which Deputy Mayor Duff indicated that she felt the review of the St. John’s Municipal Plan should not be put off for possibly another two years. She pointed out that there has been a change in the Provincial Minister and Deputy Minister of Municipal Affairs, as well as a change of Council representatives on the Committee reviewing the Regional Plan since the review of the regional plan started. She further pointed out that a number of Northeast Avalon Communities will proceed with a review of their municipal plans due to tremendous growth pressure. She indicated that this is a “watershed” time for development in the City, noting there have been delays in the review of the regional plan and expressed concern that the City’s Municipal Plan Review is a time consuming process. The Deputy Mayor noted that a plan for the downtown will not impact the regional plan.

During discussion Councillors Colbert, O’Leary and Galgay indicated their support of the motion agreeing it is time for a review of the St. John’s Municipal Plan and at the same time work on the regional plan, which they felt can be achieved without jeopardizing the Regional Plan.

Members of Council objecting to the motion, felt that it is important to defer review of the Municipal Plan since the municipal plans for all communities must conform to the Regional Plan. They also expressed concern with respect to the cost to undertake such a review at this time since there is no 2010 budget allocation. The Deputy Mayor pointed

- 4 - 2010-02-22

out that costs to undertaken a review of the City’s Municipal Plan would likely not require 2010 budget funding since the review process would not commence until the fall.

Following discussion, the motion to rescind being put there voted for it the mover, seconder, Councillors Galgay and O’Leary. The motion was lost.

Discretionary Use Application for a Converted Building Use, Civic No. 123-125 Quidi Vidi Road, The Newfoundland Chocolate Company

Under business arising, Council considered a memorandum dated February 18th, 2010 from the Director of Planning advising and as pointed out by Councillor Galgay, that on February 17, 2010, The Newfoundland Chocolate Company advised the Department of Planning in writing that they are withdrawing their application for Civic Number 123- 125 Quidi Vidi Road.

Application to Rezone Property to Allow a Personal Care Home, Old Petty Harbour Road/Dorsey’s Lane, Seanic Canada Inc.

Under business arising, Council considered a memorandum dated February 17th, 2010 from the Director of Planning regarding the above noted application

SJMC2010-02-22/111R It was moved by Councillor Collins; seconded by Councillor Tilley: That the applicant be directed to undertake a land use assessment report based on the proposed new building design and refer the application to a public meeting to be chaired by a member of Council upon submission of the assessment report; and further, that the Terms of Reference for the assessment report as presented, be approved.

During discussion, the Deputy Mayor noted that concern has been expressed by residents of an already traffic problem in the area and suggested that a Traffic Impact Analysis be carried out in order to determine the accumulative traffic impact of the proposed development.

Following discussion, the motion being put was carried, with Councillor Hickman dissenting.

- 5 - 2010-02-22

Photos on Poles

Under business arising, Council considered as information a memorandum dated February 12, 2010 from the Director of Building and Property Management in response to the issue raised at Council last week concerning photos on poles in the Downtown. He advised that the City used to have Posting and Advertising Regulations but they were found to be unconstitutional – restricting freedom of expression and therefore were repealed. The City basically has no ability to regulate the content of an ad. He noted that if the images are legally pornographic then this is a violation of the Criminal Code and therefore a matter for the police. The City does not regulate in this area. He noted that complaints of this nature should be referred to the RNC.

During discussion, Councillor Colbert pointed out that the poles are private property of the utility company and it is up to the company to decide on how to proceed. The Deputy Mayor noted that many people find some posters offensive and would like them removed. In this regard, Council agreed with a suggestion that the Director of Building and Property Management undertake to contact the owners requesting that the offensive posters be removed from the poles.

Notices Published

1. A Variance of Non-Conformity Application has been submitted by Barking Beauties requesting permission to operate Dog Grooming Business from Civic No. 556A Topsail Road, (the Collis Building). The proposed business will occupy a floor area of 75 m2, operate Tuesday to Friday – 8 a.m. to 4 p.m. and Saturday from 8 a.m. to 4 p.m. and employ A staff of two (2). On-site parking can accommodate twenty (20) vehicles.

Two(2) letters of concern

SJMC2010-02-22/112R It was moved by Councillor Tilley; seconded by Councillor Breen: That the application be deferred pending review by City staff of the on-site parking for the application.

The motion being put was unanimously carried.

2. A Variance of Non-Conformity Application has been submitted by Roosevelt Properties Limited requesting permission to convert a 100 m2 portion of floor area on the third storey of Civic No. 181 Hamilton Avenue to a residential dwelling

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unit. The subject property known as the C.E.I. Club can accommodate parking for thirty (30) vehicles. (Ward 2)

One (1) letter of objection

SJMC2010-02-22/113R It was moved by Councillor Hann; seconded by Councillor Colbert: That the application be approved.

The motion being put was unanimously carried.

Finance and Administration Standing Committee Report dated February 18th, 2010

Council considered the following Finance and Administration Standing Committee Report dated February 18th, 2010:

In Attendance: Deputy Mayor Shannie Duff, Chairperson Councillor Tom Hann Councillor Danny Breen Councillor Bruce Tilley Councillor Debbie Hanlon Mr. Ron Penney, City Manager Mr. Neil Martin, Deputy City Manager/Director of Corporate Services & City Clerk Mr. Paul Mackey, Deputy City Manager/Director of Public Works & Parks Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Kevin Breen, Director of Human Resources Mr. Dave Blackmore, Director of Building & Property Management Mr. Bob Bursey, City Solicitor Ms. Jill Brewer, Director of Recreation Ms. Elizabeth Lawrence, Director of Economic Development, Tourism & Culture Mr. Jason Silver, City Internal Auditor Ms. Kelly Butler, Recording Secretary

Also in attendance was Mr. Craig Ennis with the St. John’s Board of Trade.

1. Request for Sustaining Funding – Festival 500 The Committee met with representatives of Festival 500 (Andrea Rose, Lana Collins, Harry Connors, Peter Gardner, Gary Lane and Ki Adams) to discuss the organization’s request that the City of St. John’s make a further commitment of funding to Festival 500 in the amount of $100,000 per year for a three year period (2010-2012).

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Dr. Rose provided a brief history of Festival 500, noting that the festival is a non- competitive festival which has been in existence since 1997 and is held every two years. Festival 500 provides an opportunity for people from all over the world to share theirs skills and knowledge; it provides an opportunity for a musical and cultural exchange; it provides the opportunity to preserve and grow choral traditions; and it provides an opportunity for people to learn and perform together. Festival 500 has gained worldwide prominence for its creativity, sociability, service and high artistic standard. The Festival has seen over 10,000 participants from 37 countries, 24 U.S. states and 11 provinces/territories since 1997. The 2011 Festival will host 24 choirs, plus 12 small vocal ensembles and 150 symposium delegates, and there will be over 60 concerts held at various venues through the City.

Mr. Connors spoke about the economic impacts of the Festival for the City and the Province, noting that an independent report from ACOA has indicated that the past two festivals held in 2005 and 2007 have generated $3.4 in tourism spending for the local economy. Many participants plan extended vacations around the Festival or return to the Province for a vacation after having attended the Festival. St. John’s has become a musical and cultural tourism destination. Mr. Connors also noted that Festival 500 acts as a draw for other conferences as well, such as the International Council for Traditional Music and the Pan Canadian Music Education Symposium. The Festival also generates business for the local economy through the rental of performance venues, rental of audio visual equipment, rental of hotel rooms, hiring of local musicians, etc. In 2009, Festival 500 began a community outreach program and partnered with Vibrant Communities to provide free tickets to over 1,000 children in the City to attend some of the Festival concerts and the Grand Finale concert. The organization hopes to build on that partnership in the future.

Following the presentation, a short question and answer period ensued. Councillor Hann raised the issue of corporate sponsorship, noting that the majority of the Festival 500’s projected revenues for 2010 will come from grants from various levels of government ($377,000) with only a small portion ($7,500) coming from the private sector. He inquired as to the reason for such a disparity. Dr. Gardner noted that corporate sponsorship has been difficult to come by in recent years, especially in light of the economic downturn, with many companies cutting back and limiting what they spend. In addition, many corporations now want their sponsorships to focus on education and social issues, such as youth. However, he noted Festival 500 will continue to look for new corporate partners.

(The delegation retired from the meeting.)

The Committee discussed the request for sustaining funding at length with it being noted that in anticipation of this request, $100,000 was allocated in the 2010 budget for this event. It was also noted that Council will be faced with having to make difficult financial decisions in the next couple of years, and it has to try and limit the amount of money that it spends. Festival 500 is a very unique festival in terms of what it brings to the City in terms of the economy and both musically and culturally.

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The Committee recommends that the City provide sustaining funding for Festival 500 in the amount of $100,000 per year for two years (2010 and 2011). The Committee further recommends that Festival 500 be advised that the lack of corporate sponsorship is an issue, and that at the end of 2011, the organization will be required to apply for festival funding under the City’s Special Events and Festivals Program.

Deputy Mayor Shannie Duff Chairperson

SJMC2010-02-22/114R It was moved by Deputy Mayor Duff; seconded by Councillor Tilley: That the Committee’s recommendation be approved.

The motion being put was unanimously carried.

Animal Care and Control Committee Report dated February 11th, 2010

Council considered the following Animal Care and Control Committee Report dated February 11th, 2020:

In Attendance: Councillor Sheilagh O’Leary, Chairperson Deputy Mayor Shannie Duff Councillor Tom Hann Debbie Powers, SPCA Susan Deir, SPCA Dr. Hugh Whitney, Provincial Veterinarian – Dept. of Natural Resources Paul Mackey, Deputy City Manager/Director of Public Works & Parks Linda Bishop, Senior Legal Counsel Cindy McGrath, Supervisor of Humane Services Kelly Butler, Recording Secretary

1. Euthanasia Service Fees – CD #R2009-03-30/14 The Committee considered a memorandum dated January 7, 2010, from the Director of Public Works and Parks regarding the above noted matter.

The Director of Public Works and Parks advised that the City is currently providing euthanasia services for free to City residents. The estimated cost to the City to provide this service in 2010 is $137,561.55 ($91,961.10 for euthanasia contract and $45,600.45 for pick up and cremation). Staff are recommending that the fees for euthanasia services be set at $85.00 for dogs and $60.00 for cats, which represents approximately 50% of the

- 9 - 2010-02-22 cost for the service. In cases of financial hardship, the service will be performed free of charge following an assessment on a case-by-case basis by the Supervisor of Humane Services.

Councillor Hann inquired about the current demand for euthanasia services from residents. The Supervisor of Humane Services advised that the demand for the service depends on the day. During the summer, the demand tends to be higher. There were approximately 1,000 animals euthanized last year. Ms. Powers expressed concern about problems staff may encounter in trying to levy the euthanasia fees and in determining who has the ability to pay the fee and who does not, especially if there are a number of people bringing their animals to the shelter at the same time. The Supervisor of Humane Services indicated that when people bring their animals into the shelter for euthanasia, she will ask them if they are aware of the City’s fee for this service. If a person indicates they are not aware of the fee, then they will be shown to another room where the fee will be explained and staff can do an ability-to-pay assessment in private if required.

Dr. Whitney inquired if the City had given any consideration to having its own crematorium on site and having staff perform the euthanasia service instead of contracting out the services. A lengthy discussion ensued with the following points being made:

 staff may find it difficult to carry out euthanasia and cremation services on animals that they have been caring for;  the City did at one time consider having its own crematorium but decided not to go that route;  having an on-site crematorium at the shelter would save the City money in the long term even though it will have to make a substantial investment initially to construct such a facility if staff do not want to perform the euthanasias, perhaps the City would continue to contracted out that particular service, while still having its own crematorium for disposal purposes; and  there are some veterinary clinics that will not provide euthanasia services for animals they feel are healthy or have treatable medical conditions. As a result, the City may see an increase in the number of requests for euthanasia services.

Ms. Powers noted that there is a veterinarian in Bay Roberts who opted to build his own crematorium, and she suggested that the City might want to contact him to discuss the costs and benefits associated with having such a facility.

Following the discussion, the Committee recommends that:

a. that the City set the fee for euthanasia services at $85.00 for dogs and $60.00 for cats; b. that in cases of financial hardship, euthanasia service will be provided free of charge following an assessment on a case-by-case basis; and

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c. that staff investigate the cost/benefits of the City having its own crematorium and/or having City staff perform the euthanasia service and prepare a report for the Committee’s consideration.

2. Dogs at the Regatta – CD #R2009-08-24/19 The Committee considered a memorandum dated December 18, 2009, from the Director of Public Works and Parks regarding the above noted matter.

The Director of Public Works and Parks advised that staff have researched the practices of other municipalities with respect to policies on the restriction of dogs at major unsecured events. None of the municipalities contacted have policies prohibiting dogs at such events.

The Committee recommends that the status quo be maintained with respect to allowing dogs at unsecured events, such as the Regatta.

3. Mandatory Animal Licensing at Veterinarians’ Offices – CD #R2009-04- 27/15 Councillor O’Leary advised that this matter had been referred to the Committee at the request of Councillor Colbert. He suggested that licensing should be mandatory if during a visit to a veterinary clinic an animal is found to be unlicensed.

The Supervisor of Humane Services noted that all the City’s veterinary clinics currently sell the City’s animal licenses on a voluntary basis. In 2008, there were 710 licenses sold and in 2009, there were approximately1600 licenses sold. The current licensing system is working well, with reminders being issued to pet owners on an annual basis to renew their licenses. Dr. Whitney inquired about the purpose of having a licensing program, and if the City had considered issuing lifetime licenses instead of annual licenses. The Supervisor of Humane Services indicated that the main intent of the licensing program is to identify lost animals and reunite them with their owners. In addition, the current licensing system gives staff the ability to track and flag animals that are known to be “dangerous” and assign specific requirements for their owners under the license. Under the current licensing system, anyone who finds a lost animal with a license can call 311 and be given the contact information for the owner. With respect to lifetime license, the Supervisor of Humane Services advised that staff felt it was more effective to have an annual license requirement due to the fact the over the years, owners move and contact information changes making it difficult to reunite lost pets with their owners. She noted that without licensing, the shelter would have a higher intake rate for lost and abandoned animals.

Following the discussion, the Committee agreed that as the current practice of City veterinary clinics selling pet licenses on a voluntary basis is working well, that status quo be maintained and no further action be taken on this matter.

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4. Mandatory Cat Licensing The Supervisor of Humane Services advised that a resident recently emailed to inquire why dog licensing was mandatory in the City and cat licensing was not, even though the revenue for dog licenses was being used to fund the cat spay and neuter program. She noted that the spay/neuter program has been successful thus far, with 120 cats being spayed/neutered since last year. The program also includes a license for each cat, and owners are made aware that the license is valid for one year and should be renewed. She noted that she would like to see the licensing of cats become mandatory as it would help with reuniting more lost cats with their owners. Ms. Bishop advised that unfortunately the City of St. John’s Act does not provide for the licensing of cats, therefore, in order to make such licensing mandatory an amendment to the Act would be required.

The Committee recommends, on motion of Deputy Mayor Duff: That the City request that the Department of Municipal Affairs include in its review of amendments to the City of St. John’s Act, provisions to make the licensing of cats mandatory under the City Act.

Councillor Sheilagh O’Leary Chairperson

SJMC2010-02-22/115R It was moved by Councillor O’Leary; seconded by Deputy Mayor Duff: That the Committee’s recommendations be approved.

Discussion ensued with respect to Item 1 a. of the report, Euthanasia Service Fees with the majority of Council members indicating they were unaware that the City had provided the service for free. Following discussion, it was decided that the matter be deferred and referred back to the Committee for further discussion. Member of Council questioned whether the City should consider charging full fee for service and whether making the matter public would create a greater demand on staff.

During discussion on Item 2 – Dogs at the Regatta, Councillor Hanlon indicated it might be advisable to encourage members of the general public not to take their dogs to the Regatta.

Also during discussion, Councillor O’Leary advised that she has written Deputy Premier Cathy Dunderdale for an update on the status of the Animal Protection Legislation.

Following discussion, the motion being put was unanimously carried including deferral of Item 1 a.

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CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

SHEPPARD CASE ARCHITECTS INC. 100 MUNDY POND RD RN SCHOOL

THIS WEEK $ 193,236.00

CLASS: RESIDENTIAL

DAVID KINSELLA 66 BLACKLER AVE NC ACCESSORY BUILDING TREVOR GOODLAND 13 BOLAND ST NC ACCESSORY BUILDING BALNAFAD COMPANY LIMITED 16 CAPE PINE ST, LOT 55 NC SINGLE DETACHED DWELLING PAUL J. & JANE K. GREEN 25 COLVILLE ST NC FENCE LAURA HULL 6 CORONATION ST NC ACCESSORY BUILDING SUSAN WINSOR 27 CRAIGMILLAR AVE NC FENCE PRO-TECH CONSTRUCTION 55 FRANCIS ST, LOT 53 NC SINGLE DETACHED DWELLING GUARDIAN HOMES INC, 56 ICELAND PL, LOT 24 NC SINGLE DETACHED DWELLING KEVIN PARSONS 48 LADYSMITH DR, LOT 29 NC SINGLE DETACHED & SUB.APT SANDRA GAULTON 12 MACKLIN PL NC ACCESSORY BUILDING EPIC CONSULTING SERVICES 14 MIKE ADAM PL, LOT 244 NC SINGLE DETACHED DWELLING TRUE NORTH HOMES INC. 14 ST. SHOTTS PL, LOT 91 NC SINGLE DETACHED DWELLING TRUE NORTH HOMES INC. 16 ST. SHOTTS PL, LOT 92 NC SINGLE DETACHED DWELLING ALLISTER GEORGE 379 NEWFOUNDLAND DR CO HOME OFFICE CURTIS EVANS 38 RIDGEMOUNT ST CO HOME OFFICE JACLYN SULLIVAN 50 CHEROKEE DR CR SUBSIDIARY APARTMENT EUGENE R. & JANET MALONE 27 MANSFIELD CRES CR SUBSIDIARY APARTMENT WALTER EMBERLEY 67 VIRGINIA PL CR SUBSIDIARY APARTMENT ADAM GREEN 31 ALDERSHOT ST RN SINGLE DETACHED DWELLING GERARD BAVIS 44 CASTLE BRIDGE DR RN SINGLE DETACHED DWELLING BRIAN & MAXINE HOSKINS 94 FAULKNER ST RN SINGLE DETACHED DWELLING AMANDA SIMMONDS 59 ICELAND PL - LOT 1-37 RN SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 19 LIONS RD RN SINGLE DETACHED DWELLING STEPHEN & DEBORAH HAYES 18 MCNEIL ST RN SINGLE DETACHED & SUB.APT BALNAFAD CO. LTD. 20 MYRICK PL RN SINGLE DETACHED DWELLING NORMAN MATTHEWS 12 SHEFFIELD PL RN SINGLE DETACHED DWELLING LISA WHITE 5 SPRUCEDALE DR RN SINGLE DETACHED DWELLING

THIS WEEK $ 1,667,600.00

CLASS: DEMOLITION

JOANNE DOBBIN 87 RENNIE'S MILL RD DM SINGLE DETACHED DWELLING

THIS WEEK $ 10,000.00

THIS WEEK''S TOTAL: $ 3,781,139.00

REPAIR PERMITS ISSUED: 2010/02/11 TO 2010/02/17 $ 34,000.00

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LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2010-02-22/118R It was decided on motion of Councillor Colbert; seconded by Councillor Hann:That the following Payrolls and Accounts for the week ending February 18th, 2010 be approved:

Weekly Payment Vouchers For The Week Ending February 18, 2010

PAYROLL

Public Works $ 401,018.30

Bi-Weekly Amalgamation $ 751,174.50

Bi-Weekly Management $ 573,383.62

Bi-Weekly Administration $ 621,420.44

ACCOUNTS PAYABLE

$1,812,399.33

Total: $4,159,396.19

Tenders

a. Tender – Small Trees and Shrubs (City) b. Tender - Trees for Grand Concourse c. Tender – HP Server and VMWARE d. Tender – Cisco Switches e. Tender – Trees and Shrubs (City)

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SJMC2010-02-22/119R It was moved by Councillor Colbert; seconded by Councillor Hann: That the recommendations of the Director of Finance and City Treasurer be approved and the tenders awarded as follows:

a. Dutch Masters @ $12,462.50 (taxes not included) b. Connon Neil Vanderkruk @ $13,738.00 (taxes not included) c. XWAVE @ $31,590.61 (taxes not included) d. HP Canada @ $20,434.00 (taxes not included) e. Connon Neil Vanderkruk @ $23,906.00 (taxes not included)

The motion being put was unanimously carried.

Notice of Motion

Deputy Mayor Duff gave the following Notice of Motion

TAKE NOTICE that I will at the next Regular Meeting of the St. John's Municipal Council move to enact an amendment to the St. John's Mobile Sign By-Law so as to address the placement of mobile signs in heritage areas.

DATED at St. John’s, NL this 22nd day of February, 2010.

Memorandum dated February 17th, 2010 from Deputy Mayor Duff re Travel Request for Councillor O’Leary and the Deputy Mayor to attend the 9th Annual Canadian Urban Forest Conference, October 5-8, 2010 in Truro, Nova Scotia

SJMC2010-02-22/120R It was moved by Councillor Colbert; seconded by Councillor Hanlon: That Travel by Councillor O’Leary and the Deputy Mayor to attend the 9th Annual Canadian Urban Forest Conference, October 5-8, 2010 in Truro, Nova Scotia, be approved.

The motion being put was unanimously carried.

The Boys and Girls Club – Buckmaster’s Circle

Council considered a memorandum dated February 15th, 2010 from the City Manager regarding the above noted.

SJMC2010-02-22/121R It was moved by Councillor Galgay; seconded by Councillor Hickman: That the recommendation of the Director of Building and Property Management that Buckmaster’s Circle be leased to the Boys and Girls Club, on a long term basis at a rate of $1.00 per year with the city being responsible for all maintenance.

The motion being put was unanimously carried.

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Phone Poll – Contribution Agreement with the Government of Canada to develop the Pleasantville Lands for Affordable Housing

Council unanimously ratified the above noted phone poll.

Deputy Mayor Duff

Deputy Mayor Duff noted she received a number of calls relative to the City’s weekend ads pertaining to two studies on which the City is seeking public consultation (1) St. John’s Integrated Sustainability Plan, which is a draft document dealing with issues of environmental, cultural, social economic and governance related to the City and is a requirement of our eligibility for the City’s gas tax funding and an opportunity for people to provide comment to the City; and (2) The City is conducting a Review of its Corporate Strategic Plan. Council and staff have had strategic planning sessions endeavouring to identify the City’s strategic priorities for the next five years. The Deputy Mayor noted that the City is seeking public input into this issue as well.

Councillor O’Leary

Councillor O’Leary alluded to the growing concern directed towards the “Go Bag” advertising flyers initiative, directed particularly at St. John’s Clean and Beautiful. She noted that the working team is making a concerted effort to address the new advertising flyer distribution initiative to be environmentally friendly which involves educating the carriers with respect to proper drop-off locations.

Councillor Hickman

Councillor Hickman noted that the new flyer distribution initiative is an improvement, however, he suggested that making the flyers available through subscription and available in stores should serve to address the problem.

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Councillor Hickman, based on Council’s discussion concerning the St. John’s Municipal Plan and the Regional Plan, suggested that the Planning Committee initiate preliminary discussions on a planning process for the downtown central business district.

Councillor Hann

Councillor Hann asked that Council support Councillor O’Leary’s letter to the Province regarding Animal Protection Legislation and made the following motion:

SJMC2010-02-22/122R It was moved by Councillor Hann; seconded by Deputy Mayor Duff: That the Mayor on behalf of Council write the Provincial Government calling for the enactment of new Animal Protection Legislation as soon as possible.

The motion being put was unanimously carried.

Councilor Tilley

Councillor Tilley questioned the validity of two members of Council attending the Annual Canadian Urban Forest Conference in Nova Scotia in October. The Deputy Mayor advised that she spoke with the City’s arborist concerning the conference who advised that it is a significant national conference and very educational in terms of the protection and management of urban forests.

Councillor Tilley noted the deplorable conditions of the streets in the area of Blackmarsh Road/Jensen Camp Road, which has been referred to the Department of Public Works and Parks for follow-up.

Councillor Hanlon

Councillor Hanlon asked that His Worship the Mayor on behalf of Council forward a letter of congratulations to Jason Oakley, who has been named the 2010 Student Entrepreneur Newfoundland Champion by the National charitable organization, Advancing Canadian Entrepreneurship and program supporter CIBC.

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Councillor Hanlon advised that she has received complaints concerning group homes which she discussed with the Director of Building and Property Management and will follow-up on the matter with the residents when information becomes available.

Councillor Collins

Councillor Collins advised of a large pothole on Old Bay Bulls Road which matter was referred to the Department of Public Works and Parks for follow-up.

His Worship the Mayor

His Worship the Mayor referenced the recent 25th Anniversary Celebrations of the Atlantic Accord and acknowledged City Manager, Mr. Ron Penney, one of the main architects of the Atlantic Accord, and thanked him on behalf of Council for his efforts in relation to this document.

Adjournment

There being no further business, the meeting adjourned at 6:05 p.m.

______MAYOR

______CITY CLERK

March 1st, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Deputy Mayor Duff; Councillors Hickman, Hann, Breen, Galgay, Tilley, Hanlon and Collins

Regrets – Councillors Colbert and O’Leary

The City Manager, the Deputy City Manager/Director of Corporate Services and City Clerk; Deputy City Manager/Director of Public Works and Parks, Director of Planning, Director of Engineering, Senior Legal Counsel, and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-03-01/123R It was decided on motion of Councillor Breen; seconded by Deputy Mayor Duff: That the Agenda be adopted as presented including the following additional items:

a. Travel Request by His Worship the Mayor to Miami and Fort Lauderdale, Cruise Ship Conference and Exhibition March 10 to 19, 2010

Adoption of Minutes SJMC2010-03-01/124R It was decided on motion of Councillor Galgay; seconded by Councillor Hickman: That the minutes of the February 22nd, 2010 meeting be adopted as presented.

Business Arising

Notice of Motion – Mobile Sign By-Law

SJMC2010-03-01/125R Pursuant to Notice of Motion, it was moved by Deputy Mayor Duff; seconded by Councillor Hann: That the following Mobile Sign By-Law be adopted:

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BY-LAW NO.

MOBILE SIGN (AMENDMENT NO. 1 – 2010) BY-LAW

PASSED BY COUNCIL ON MARCH 1 ,2010

Pursuant to the powers vest in it under the City of St. John’s Act, RSNL 1990,c.C -17, as amended and all other powers enabling it, the City of St. John’s enacts the following by-law relating to the regulation of mobile signs.

ST. JOHN’S MOBILE SIGN (AMENDMENT NO. 1 – 2010) BY –LAW

1. This By-Law may be cited as the “St. John’s Mobile Sign (Amendment No. 1 – 2010) By-Law. 2. Section 14 of the St. John’s Mobile Sign By-Law is amended by adding the following as subsection 14(c) :

“14 ( c) The placement of a Mobile Sign in a heritage area is governed by the St. John’s Heritage Area Sign By-Law.”

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By-Law has been signed by the Mayor and City Clerk on behalf of the St. John’s Municipal Council this 1st day of March,2010.

MAYOR

CITY CLERK

The motion being put was unanimously carried.

Proposed Rezoning of Property at Silverton Street, Applicant: Mr. Johann Weger

Under business arising, Council considered a memorandum dated February 23rd, 2010 from the Director of Planning regarding the above noted.

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SJMC2010-03-01/126R It was moved by Councillor Collins; seconded by Councillor Tilley: That the following Resolution for St. John’s Municipal Plan Amendment Number 79, 2009 and St. John’s Development Regulations Amendment Number 474, 2009 be adopted, which will then be referred to the Department of Municipal Affairs for Provincial registration in accordance with the requirements of the Urban and Rural Planning Act.

RESOLUTION TO APPROVE ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 79, 2009 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 474, 2009

Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council:

a) Adopted St. John’s Municipal Plan Amendment Number 79, 2009 and St. John’s Development Regulation Amendment Number 474, 2009 on the 4th day of January, 2010.

b) Gave notice of the adoption of St. John’s Municipal Plan Amendment Number 79, 2009 and St. John’s Development Regulations Amendment Number 474, 2009 by advertisements inserted in the Telegram newspaper on the 9th day and 13th day of January 2010.

c) Set the 26th day of January, 2010 at 7:00 pm at St. John’s City Hall for the holding of public hearing to consider objections and representations.

Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council approves St. John’s Municipal Plan Amendment Number 79, 2009 and St. John’s Development Regulations Amendment Number 474, 2009 as adopted.

SIGNED AND SEALED this 1st day of March, 2010.

______Mayor

______City Clerk

The motion being put was unanimously carried.

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Development Committee Report dated February 23rd, 2010

Council considered the following Development Committee Report dated February 23rd, 2010:

RECOMMENDATION OF APPROVAL:

1. Proposed Demolition and Replacement of Dwelling Jamie and Tanya Strickland Civic No. 377 Blackhead Road (Ward 5)

The Development Committee recommends that Council approve the above noted application in accordance with Section 7.12.1(b) of the St. John’s Development Regulations.

Ronald Penney, Chairperson City Manager

SJMC2010-03-01/127R It was moved by Councillor Hann; seconded by Councillor Breen: That the Committee’s recommendation be approved

The motion being put was unanimously carried.

Finance and Administration Standing Committee Report dated February 18th, 2010

Council considered the following Finance and Administration Standing Committee Report dated February 18th, 2010: In Attendance: Deputy Mayor Shannie Duff Councillor Tom Hann Councillor Danny Breen Councillor Bruce Tilley Councillor Debbie Hanlon Ron Penney, City Manager Neil Martin, Deputy City Manager/Director of Corporate Services & City Clerk Paul Mackey, Deputy City Manager/Director of Public Works & Parks Bob Bishop, Director of Finance & City Treasurer Kevin Breen, Director of Human Resources Dave Blackmore, Director of Building & Property Management Jill Brewer, Director of Recreation

- 5 - 2010-03-01

Elizabeth Lawrence, Director of Economic Development, Tourism & Culture Bob Bursey, City Solicitor Jason Silver, City Internal Auditor Kelly Butler, Recording Secretary

Also in attendance was Craig Ennis with the St. John’s Board of Trade and Ian Claveau, Johnson Insurance.

1. YM-YWCA - Higgins Line/Ridge Road The Committee considered a memorandum dated February 8, 2010, from the City Manager regarding the above noted matter.

The City Manager advised that the City purchased the land at Higgins Line/Ridge Road from the Pippy Park Commission for the new YM-YWCA. However, in order to ensure that clear title was being acquired, the City posted a Notice of Expropriation on the site, as there were some inconsistencies in the title search. As it turned out, there was someone who did have a valid claim on a portion of the land, and an independent appraisal was completed which indicated that the land was valued at $50,000.

The City committed to contribute $1.5 million to the YM-YWCA with the land donation being part of this contribution. The full amount of the contribution has not been paid. The YM-YWCA is requesting that the City increase its contribution by $50,000 to cover the unexpected cost for expropriation.

The Committee recommends, on motion of Councillor Hann; seconded by Councillor Tilley: That the City’s contribution to the YM-YWCA remain at $1.5 million and that the YM-YWCA be advised that they will have to cover the additional $50,000 expenditure from the City’s contribution.

(Councillor Colbert entered the meeting)

2. Pension Fund Investment Management The Committee considered a memorandum dated February 9, 2010, from the Director of Finance regarding the above noted matter.

Mr. Claveau explained that the City hired Johnson Inc. in 2008 as its pension and benefits consultant. Johnson Inc. did a study of the City’s pension investment management which recommends that the City should go to market to replace its existing investment fund managers. He noted that the City’s pension fund is currently managed by two firms – McLean Budden and Jarislowsky Fraser. Johnson Inc. felt that a better approach, given the size of the pension fund, would be to invest the money into a set of segregated funds, with a specific manager for each fund. This would lower the risk and ensure that the pension fund investments continue to perform well in the market.

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The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Breen: That the City adopt the new Statement of Investment Policies and Procedures (document attached); and that the City approve the Investment Fund Manager search.

3. Preliminary Cash-Based Financial Statements as at December 31, 2009 The Committee considered as information the attached memorandum dated February 16, 2010, from the Director of Finance regarding the above noted matter.

The Director of Finance advised that the cash-based financial statements are a direct comparison to the 2009 budget. There are still some adjustments to be made, but nothing that would significantly impact cash flow or the budget. The results show that there was a surplus on operations in the amount of $1.2 million mainly due to the delayed opening of the Riverhead Waste Water Treatment Plant.

Councillor Hann noted that the Grants and Subsidies budget had a significant over- expenditure, which was caused from capital grants approved in previous years but not expended until 2009. In this regard, he inquired as to what those capital grants were for. The Director of Finance advised that the capital grants were for projects like Daffodil House, the LSPU Hall, Easter Seals House, etc.

4. Confirmation of Exception to Minimum Business Occupancy Tax The Committee considered a memorandum dated February 8, 2010, from the Manager of Revenue Accounting regarding the above noted matter.

The Committee recommends that Council reaffirm the exception to Minimum Business Occupancy Tax as follows:

“There is a minimum business occupancy tax of $125.00 per half year, but this minimum is not applicable to productive agriculture (those businesses having a mil rate of .00275).”

5. Requests for Financial Support for Meetings and Conventions The Committee considered a memorandum dated February 15, 2010, from the Director of Corporate Services and City Clerk regarding the above noted matter.

The Committee recommends, on motion of Councillor Hanlon; seconded by Councillor Hann: That Council approve $750 in funding for the 2010 Canadian School Boards Association Congress.

6. Professional Municipal Administrators (PMA) Annual Convention The Committee considered a memorandum dated February 12, 2010, from the City Manager regarding the above noted matter.

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The Committee recommends, on motion of Councillor Hanlon: That the City host a reception for the delegates and their partners of the PMA Annual Convention at City Hall on April 22, 2010. It is further recommended that Council approve registration for the City Manager, in the amount of $240.00 plus HST, for the PMA Convention.

7. Request for Financial Contribution - 2010 NL Occupational Health & Safety Conference The Director of Human Resources relayed a request on behalf of the Manager of Employee Wellness for a donation to the upcoming 2010 NL Occupational Health and Safety Conference behind held in Gander from May 12-14.

The Committee recommends that the request for a donation be rejected as it is contrary to policy.

8. Threads for Life Walk-a-Thon The Director of Human Resources explained that the Threads for Life Walk-a-Thon is a fundraiser to support for family members who have lost loved ones in an industrial or workplace accident. The request is for the City to sponsor a team in the walk-a-thon at a cost of $100 or provide in-kind support such as a waiver of the special events permit fee, provision of barricades, etc.

The Committee recommends that the request for a contribution (financial or in-kind) for the Threads for Life Walk-a-thon be rejected as it is contrary to policy.

9. Butt Out Campaign The Committee considered correspondence from Councillor O’Leary requesting that the City consider contributing $1,000 towards the development of a marketing strategy for the Butt Out Campaign, which is a joint initiative of the City, the George Street Association, and the Downtown Development Commission.

A brief discussion ensued regarding the matter, with it being noted that the City is being asked to contribute $1,000 towards the cost of developing a marketing strategy for the Butt Out Campaign, with the DDC and the George Street Association contributing $500 each. It was also noted that even in places where there are already butt containers, the majority of people don’t use them and probably won’t even with an awareness and public education campaign.

The Committee recommends that the City not provide any funding towards the Butt Out Campaign.

Councillor Hann noted funding for this project may be available from the Newfoundland and Labrador Alliance for the Control of Tobacco, which is a partnership of both government and non-government organizations, dedicated to reducing the negative health, economic, and environmental effects of tobacco use in the Province.

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10. Request for Permission for a Parade and City Hosted Reception - HMCS Cabot The Committee considered a letter dated January 19, 2010, from Lt. Cmdr. B. J. Walsh regarding the above noted request.

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Colbert: That the request from HMCS Cabot to exercise their Freedom of the City and march through the streets of St. John’s followed by a City hosted reception at City Hall on October 2, 2010, be approved.

11. Request for Reception for PRIDE Week Conference The Committee considered a letter dated January 25, 2010, from Dr. Joan Quinn regarding the above noted matter.

The Committee recommends that the request for a City sponsored reception on June 13, 2010, in the Foran Greene Room for the PRIDE Week Conference be approved.

12. Request for Implementation of Property Tax Discount for People with Disabilities The Committee considered correspondence from Mr. Mark Lane regarding the above noted matter.

The Committee recommends that Mr. Lane’s request be referred for 2011 budget consultation process for consideration.

13. Green Heat Campaign - The Basilica - Cathedral of St. John the Baptist The Committee considered a letter dated February 4, 2010, from Mr. Pat Thompson and Father Charlie Kelly regarding the above noted matter.

The Director of Building and Property Management advised that churches are not subject to building permit fees, therefore, the City will not be required to waive the fees.

The Committee recommends on motion of Councillor Hann; seconded by Councillor Tilley: That the City provide a letter of support to the Basilica for the Green Heat Campaign.

14. PWC/Holloway School Memorials – Request for 50/50 Cost Sharing The Committee considered a letter dated February 8, 2010, from Robert LeMessurier, PWC/Holloway Memorial Committee.

Councillor Tilley commented that he was not in favour of supporting this request because of the City’s current financial picture. It was noted that the City has approved a number of these cost-sharing memorial projects, therefore, a precedent has already been set. Deputy Mayor Duff suggested that if the City agrees to cost-share this project, that a moratorium then be put in place for all future requests for cost-sharing of memorial projects. It was also

- 9 - 2010-03-01

noted that the City’s total contribution for both projects would be $30,000, plus the cost of future maintenance of the sites.

The Committee recommends, on motion of Councillor Colbert: That the City approve 50/50 cost sharing for the Prince of Wales College and Holloway School Memorials up to a maximum of $30,000. It is further recommended that the City agree to provide continued maintenance for both memorial sites as part of the City’s parks and open spaces maintenance program.

15. Support for Haiti – Big City Mayors’ Caucus The Committee considered correspondence from Brock Carlton, Chief Executive Officer, Big City Mayors’ Caucus, asking the City to make a financial contribution toward a disaster recover fund for Haiti to be administered by the BCMC.

The Committee discussed the matter at length, with it being noted that the last time the City was asked to contribute to a disaster recovery fund, the money sat in a bank for a year before anything was done with it. Some Committee members indicated that they would prefer that the City not make any contribution until the BCMC has identified a concrete project that it will sponsor.

Following the discussion, the Committee made the following recommendation:

That the City make a contribution of 50¢ per capita ($50,000) towards the Haiti Disaster Recovery fund once a project has been identified for which the funding will be used, and that other municipalities be encouraged to make a similar contribution. It is further recommended that the City provide information to the BCMC/FCM to identify a bank of experts from the City to help with the project.

16. 2010 Pinnacle Awards and Gala The Committee considered a letter dated February 14, 2010, from Ronalda Walsh requesting the City become a sponsor of the 2010 Pinnacle Awards and Gala being held in June.

The Committee recommends that the request for sponsorship be denied as it is contrary to City policy.

17. Proposed Artillery Park The Committee considered a letter dated December 20, 2009, from Nelson Sherren requesting that the City provide 50/50 cost shared funding ($50,000) towards the development of an Artillery Park.

The Committee recommends on motion of Councillor Colbert; seconded by Councillor Hann: That the City approve 50/50 cost shared funding for the proposed Artillery Park, up to a maximum of $50,000.

18. Northeast Avalon Joint Town Councils Meeting

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The Committee recommends that the City host the next meeting the NEAJTC at City Hall on June 17, 2010.

Deputy Mayor Shannie Duff Chairperson

SJMC2010-03-01/128R It was decided on motion of Deputy Mayor Duff; seconded by Councillor Hanlon: That the Committee’s recommendations be approved.

During discussion regarding Item 14 Request for 50/50 Cost Sharing (PWC/Holloway School Memorials), in response to a question by Councillor Hann on the status of the review of the City’s 50/50 cost sharing policy, the Deputy Mayor advised that the policy review is part of the ongoing process of an overall view on spending. The matter will be considered by the Finance and Administration Standing Committee. Councillor Galgay noted he would like to see cost sharing of memorial projects continue. Also, Councillor Collins indicated his support of the cost sharing programs as a means of enticing people to come up with some of the cost.

Regarding Item #9 – Butt Out Campaign, the Deputy Mayor noted that Councillor O’Leary will take the matter up with Clean and Beautiful who will provide the City with more detailed information on the marketing strategy. Councillor Hickman also noted that he will raise the matter with Clean and Beautiful and suggested they may wish to meet with the Public Works, Environment and Protection Standing Committee on the matter.

Regarding Item #15, Support for Haiti – Big City Mayors’ Caucus – His Worship the Mayor asked that a Committee be set up for the purpose of identifying an appropriate project to which the funding can be allocated.

Arts Jury Report dated February 23rd, 2010

Council considered the following Arts Jury Report dated February 23rd, 2010:

A meeting of the Arts Jury was held on Tuesday, February 23rd, 2010 at 9:00 a.m. in the Department of Economic Development, Tourism, and Culture boardroom, 348 Water St. The purpose of the meeting was to review the seventy-nine (79) applications received which totaled $228,487. The maximum funding allocation is for $103,000. Last year, the City

- 13 - 2010-03-01

COMPUS ENTERPRISES 215 WATER ST, MR. SUB SN RESTAURANT MR. SUB 215 WATER ST - MR. SUB SN RESTAURANT SOUTHWEST PROPERTIES 215 WATER ST, ATLANTIC PLACE SN MIXED USE FOG CITY DINER 215 WATER ST SN RESTAURANT WEST SIDE CHARLIES 430 TORBAY RD RN TAVERN CALLOWAY REIT 39 KELSEY DR RN RETAIL STORE METRO GENERAL INSURANCE 20 CROSBIE PL TI OFFICE SPORT CHEK INTERNATIONAL THE VILLAGE-430 TOPSAIL RD RN RETAIL STORE BAINE JOHNSTON CENTRE LIMITED FACTORY LANE - JOHNSONS INS RN OFFICE

THIS WEEK $ 7,261,582.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

FEDERAL GOVT 10 BARTER'S HILL RN ADMIN BLDG/GOV/NON-PROFIT ELIM PENTECOSTAL TABERNACLE 565 KENMOUNT RD EX CHURCH CITY SANITARY FILL 340 EAST WHITE HILLS RD SW ADMIN BLDG/GOV/NON-PROFIT

THIS WEEK $ 6,648,900.00

CLASS: RESIDENTIAL

TERRY WALSH CONTRACTING 73 CHEROKEE DR, LOT 67 NC SINGLE DETACHED & SUB.APT PATRICK J. ROSE 20 FIRDALE DR NC SINGLE DETACHED DWELLING DENNIS KIMBERLEY/LOUISE OSMOND 180 1/2 FOREST RD/ KIMBERLY NC SINGLE DETACHED DWELLING PAUL MURPHY CONSTRUCTION 50 GOLD MEDAL DR - LOT 194 NC SINGLE DETACHED DWELLING RODNEY JOSEPH WHITE 192 OLD PETTY HARBOUR RD NC SINGLE DETACHED DWELLING TERRY WALSH CONTRACTING 60 OTTER DR, LOT 69 NC SINGLE DETACHED DWELLING TERRY WALSH CONSTRUCTION 69 OTTER DR, LOT 131 NC SINGLE DETACHED DWELLING TERRY WALSH CONTRACTING 71 OTTER DR, LOT 132 NC SINGLE DETACHED DWELLING TERRY WALSH CONTRACTING 73 OTTER DR, LOT 133 NC SINGLE DETACHED DWELLING GUARDIAN HOMES INC. 5 TOBY MCDONALD ST, LOT 231 NC SINGLE DETACHED DWELLING LUKE & PHYLLIS REYNOLDS 20 WEXFORD ST NC PATIO DECK DALE BUTLER 11 SPRUCEDALE DR - LOT 163 CR SUBSIDIARY APARTMENT SHAWN RALPH 46 HUSSEY DR EX MOBILE HOME ST. JOHN'S NON-PROFIT HOUSING 8 BALSAM ST RN TOWNHOUSING ST. JOHN'S NON-PROFIT HOUSING 10 BALSAM ST RN TOWNHOUSING ST JOHN'S NON PROFIT HOUSING 66 BANNERMAN ST RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 1-15 BASTOW CRT RN TOWNHOUSING CORE CONTRACTING INC. 73 BEAVER BROOK DR RN SINGLE DETACHED DWELLING ST. JOHN'S NON-PROFIT HOUSING 52 CARTER'S HILL RN TOWNHOUSING ST. JOHN'S NON-PROFIT HOUSING 54 CARTER'S HILL RN TOWNHOUSING ST. JOHN'S NON-PROFIT HOUSING 109 CARTER'S HILL RN TOWNHOUSING ST JOHN'S NON-PROFIT HOUSING 39-45 FLOWER HILL RN TOWNHOUSING ST JOHN'S NON-PROFIT HOUSING 39-45 FLOWER HILL RN TOWNHOUSING ST JOHN'S NON-PROFIT HOUSING 39-45 FLOWER HILL RN TOWNHOUSING EUGENE GREELEY 104 GILLIES RD RN ACCESSORY BUILDING RAYMOND ROWE 18 GISBORNE PL RN SINGLE DETACHED DWELLING REARDON CONSTRUCTION & 46 GISBORNE PL RN SINGLE DETACHED DWELLING REARDON CONSTRUCTION & 52 GISBORNE PL RN SINGLE DETACHED DWELLING ST. JOHN'S NON-PROFIT HOUSING 115-141 HAMLYN RD RN TOWNHOUSING WILLIAM LANE 35 HARRIS RD RN SINGLE DETACHED & SUB.APT TERRY WALSH CONTRACTING 24 LADYSMITH DR, LOT 41 RN SINGLE DETACHED DWELLING ST. JOHN'S NON PROFIT HOUSING 1-11 MIFFLIN CRT RN TOWNHOUSING ST. JOHN'S NON-PROFIT HOUSING 75 MONROE ST RN TOWNHOUSING ROBERT WHITE 114 PLEASANT ST RN SINGLE DETACHED DWELLING ST JOHN'S NON PROFIT HOUSING 1 ROCKCREST CRT RN TOWNHOUSING

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ST. JOHN'S NON PROFIT HOUSING 2 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 3 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 4 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 5 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 6 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 7 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 8 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 9 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 10 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 11 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 12 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 13 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 14 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 15 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 16 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 17 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 18 ROCKCREST CRT RN TOWNHOUSING ST. JOHN'S NON PROFIT HOUSING 19 ROCKCREST CRT RN TOWNHOUSING DAVID SHARPE 18 COURTNEY ST SW SINGLE DETACHED & SUB.APT SKYMARK CONTRACTING LTD. 9 MARGARET'S PL SW TOWNHOUSING

THIS WEEK $ 3,363,778.00

CLASS: DEMOLITION

THIS WEEK $ .00

THIS WEEK''S TOTAL: $ 17,274,260.00

REPAIR PERMITS ISSUED: 2010/02/18 TO 2010/02/24 $ 43,250.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2010-03-01/131R It was decided on motion of Councillor Tilley; seconded by Councillor Collins: That the following Payrolls and Accounts for the week ending February 25th, 2010 be approved:

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Weekly Payment Vouchers For The Week Ending February 25, 2010

PAYROLL

Public Works $ 392,732.18

Bi-Weekly Casual $ 19,175.98

ACCOUNTS PAYABLE

$5,466,512.41

Total: $5,878,420.57

The motion being put was unanimously carried.

WHSCC PRIME Audit – 2008

Council considered as information a memorandum dated February 22nd, 2010 from the Director of Human Resources regarding the above noted.

Request from Claudia Connor on behalf of Ovarian Cancer Canada, for a banner display during “Winners Walk of Hope for Ovarian Cancer” - week of August 30th to September 13th, 2010

Council unanimously approved the above noted banner request.

March 2010 Economic Update

Council considered as information the March 2010 Economic Update. Councillor Tilley asked that letters of congratulations be forwarded to The Cahill Group of Companies of St. John’s and Coleman’s Food Centre of Corner Brook having been recognized among Canada’s 50 best managed companies of 2009.

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Snow Clearing Report for the period January 1st to February 26th, 2010

Council considered the snow clearing report for the period January 1st to February 26th, 2010 showing a positive variance of $151,830.00.

Letter dated February 18th, 2010 to His Worship the Mayor from Minister Charlene Johnston expressing gratitude to staff and in particular to Paul Mackey and Jason Sinyard, who guided their tour of the Robin Hood Bay Waste Management Facility during the annual meeting of Atlantic Environment Ministers in St. John’s in the fall of 2009

Council acknowledged the above noted letter.

Travel by His Worship the Mayor

SJMC2010-03-01/132R It was moved by Councillor Galgay; seconded by Councillor Hickman: That travel by His Worship the Mayor to attend Cruise Ship Conference and Exhibition and Marketing Meetings with Cruise Lines Miami and Fort Lauderdale March 10 to 19, 2010 be approved.

The motion being put was unanimously carried.

Deputy Mayor Duff

Deputy Mayor Duff clarified an issue raised by Mount Pearl Mayor Simms at the recent meeting of the Urban Municipalities Committee concerning hazardous waste collection charges. She noted that she looked into the issue and reported that Mount Pearl will not pay a tipping fee plus the overall cost of contributing to the Household Hazardous Waste Facility.

Councillor Hann

Councillor Hann referenced today’s Press Release concerning Animal Protection Legislation advising that a new Animal Health and Protection Act will be introduced into the House of Assembly during the spring session.

Councillor Hann commented on the problem with respect to road litter resulting from uncovered garbage being transported to the landfill, creating a dangerous situation.

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The Director of Public Works noted that other sources contribute to the problem as well, however, he advised that his Department has been working with the Provincial Department of Transportation and Works, Highway Enforcement Division, wherein an arrangement has been made with them to visit the landfill and do spot inspections on vehicles and uncovered loads on a random basis. People hauling to the landfill are now aware of that and are taking measures to properly cover their loads. He further noted it is his understanding there are fines under the Provincial Act in the range of $100 to $500 depending on the severity and circumstances that can be levied for uncovered loads. The City is pursuing the idea of placing a surcharge on the tipping fees for vehicles not properly covered. It was noted that enforcement seems to be the problem. The matter was referred to the Public Works, Environment and Protection Standing Committee for further discussion.

Councillor Breen

Councillor Breen noted that as the anniversary of last year’s Cougar Helicopter crash approaches, two major players in the Oil and Gas Industry in the Province, announced the launch of the Flight 491 Legacy Fund, a scholarship and bursary program in memory of those involved in last year’s tragedy which is designed to provide financial assistance to students attending MUN, the Marine Institute and College of North Atlantic. He noted that under the leadership of local business people, the group is well underway of reaching a goal of $ 1.5 million, making it a very significant education program. He commended the leadership of the committee as well as oil industry partners for such a fitting tribute for young people to remember or learn about the events of March 12, 2009. Councillor Breen also advised that he is currently working with a group on the establishment of a suitable memorial to the victims of Flight 491 and will update Council and the public as those plans unfold.

Councillor Tilley

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Councillor Tilley asked that a letter be forwarded to Mr. Furlong of the Olympics Committee extending congratulations to the Committee for its contribution to the tremendous success of the 2010 Vancouver Winter Olympics.

Councillor Hanlon

Councillor Hanlon advised that an information session for seniors on “Fraud Prevention” will be held at Tiffany Village on March 10, 2010.

Councillor Hann

Councillor Hann noted he will be unavailable for next week’s Regular Meeting of Council and asked that consideration of the report of a meeting of the Joint Committee of Council and the DDC/BIA, concerning the Downtown Parking Study, be deferred until March 16th, 2010 Regular Meeting of Council. Council concurred.

Adjournment

There being no further business, the meeting adjourned at 5:40 p.m.

______MAYOR

______CITY CLERK

May 17, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

Mayor O’Keefe presided.

There were present also: Deputy Mayor Duff, Councillors O’Leary, Hickman, Galgay, Breen, Tilley, Hanlon, and Collins.

Regrets: Councillor Colbert and Councillor Hann.

The City Manager; the Deputy City Manager/Director of Corporate Services and City Clerk; Deputy City Manager/Director of Public Works and Parks; Director of Economic Development, Tourism & Culture; Director of Engineering; Senior Legal Counsel and the Recording Secretary were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-05-17/272R It was decided on motion of Councillor Tilley; seconded by Councillor Hickman: That the Agenda be adopted as presented with the following additional items:

a. Memo from Mayor O’Keefe re: Travel Authorization Request b. Memo from Director of Engineering re: 2010 Streets Rehabilitation Program c. Media Release re: “City of St. John’s Maps the Road to 2021” d. Memo from Acting Director of Building & Property Management re: Tender Results for New Metrobus Terminal e. Memo from Councillor Breen re: Appointment of Mr. Harold Squires FCGA to the Audit Standing Committee

Adoption of the Minutes

SJMC2010-05-17/273R It was decided on motion of Councillor Hanlon; seconded by Councillor Tilley: That the minutes of the May 10, 2010, meeting be adopted as presented.

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Media Release “City of St. John’s Maps the Road to 2021” Councillor Hanlon announced the creation of the Strategic Economic Roadmap to help guide the City’s economy for the next ten years. The Advisory Committee which will be guiding the direction of this initiative consists of the following:  Paul Pope, President, Pope Productions;  Emad Rizkalla, President and CEO, Bluedrop Performance Learning;  Dr. Chris Loomis, President and Vice Chancellor pro tempore, Memorial University;  Brent Meade, Deputy Minister, Department of Innovation, Trade and Rural Development, Government of NL;  Liam Kelly, President of Students in Free Enterprise (SIFE), Memorial University;  Paul Mills, Vice President, the Atlantic Canada Opportunities Agency (ACOA);  Derek Sullivan, Chair, St. John’s Board of Trade;  Ron Penney, City Manager, City of St. John’s and  Chairperson Councillor Debbie Hanlon, City of St. John’s.

Councillor Hanlon also acknowledged the support of the Director of Economic Development, Tourism & Culture, Ms. Elizabeth Lawrence.

Municipalities Newfoundland and Labrador Conference Under business arising, Councillor Hanlon updated Council on the deliberations of the Municipalities Newfoundland and Labrador (MNL) Conference held last month in Gander. The following issues were outlined:  Pesticides: Councillor Hanlon referenced a letter from Charlene Johnson, Minister of Environment with the Provincial Government outlining the Province’s position on the issue of pesticides. The Board also discussed the City of St. John’s resolution which was recently passed with regard to pesticides. MNL advised that careful consideration will have to be given to what should and should not be banned prior to making blanket statements and that further research is required before determining such.  The MNL Convention from October 6-9th, 2010 will be held in St. John’s and Rex Murphy will be hosting. - 3 - 2010-05-17

 “Gift for the Heart” campaign: The Board agreed that each municipality should be responsible for making their own decision as to whether or not they wish to contribute funding to this campaign.  Sideguards: A copy of Bill 351 was discussed which is outlined in further detail in the minutes of the 3rd Board of Directors Meeting held on April 29th, 2010, a copy of which was tabled and is on file with the City Clerk’s Department.

Notices Published

1. A Variance of Non-Conformity Application submitted by Susan and Brian Hayes requesting permission to construct an extension to Civic No. 81 Southern Shore Highway. The proposed development, an extension to a Non-conforming use, will comprise a floor area of 84 m2, a 50% increase in floor area of the existing dwelling floor area. (Ward 5)

2. A Discretionary Use Application has been submitted by Bell Aliant requesting permission to install an Outside Plant Interface (OPI) cabinet on property adjacent to Civic No. 90 Great Eastern Avenue. The proposed OPI Cabinet dimensions are 2.20 metres in length and 0.80 metres in width and is 1.50 metres high. The cabinet will house switching equipment for Internet and HDTV applications. (Ward 4)

SJMC2010-05-17/274R It was decided on motion of Councillor Collins; seconded by Councillor Hickman: That the applications be approved.

Development Committee Report – May 11, 2010

Council considered the following Development Committee Report dated May 4, 2010:

RECOMMENDATION OF APPROVAL:

1. Proposed Building Lot Mr. Derm Powell Maxwell Place (Adjacent to Civic No. 9 Maxwell Place) – Ward 2

The Development Committee recommends that Council approve the above noted application. The applicant has provided letters of support from the abutting property owners for his application.

Ronald Penney, Chairperson City Manager

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Management with respect to the following Building Permits List be approved: 2010/05/12 Permits List CLASS: COMMERCIAL

FOCAL POINT GALLERY 116 DUCKWORTH ST CO RETAIL STORE ROYAL BANK OF CANADA 40 ABERDEEN AVE MS BANK BOGART'S JEWELRY LTD 40 ABERDEEN AVE MS RETAIL STORE ORTHOPEDIC SOLUTIONS 1 ANDERSON AVE MS CLINIC MCDONALDS 37 ANDERSON AVE MS RESTAURANT LESTER FARMS 149-151 BROOKFIELD RD MS AGRICULTURE GOING MOBILE 336 FRESHWATER RD MS RETAIL STORE IN MOTION 179 HAMLYN RD MS CLINIC THERAPEUTIC SERVICES LTD. 12-20 HIGHLAND DR MS CLINIC CAL LEGROW INSURANCE LIMITED 189 HIGGINS LINE MS OFFICE MOORES 41 KELSEY DR MS RETAIL STORE MCDONALD'S 75 KELSEY DR MS RESTAURANT MCDONALD'S RESTAURANTS OF 54 KENMOUNT RD MS RESTAURANT WENDY'S RESTAURANTS OF CANADA 35 KENMOUNT RD MS RESTAURANT PENNEY KIA INC. 497 KENMOUNT RD MS CAR SALES LOT KENNY'S POND RETIREMENT 135 MACDONALD DR MS HOME FOR AGED MCDONALD'S 345-349 MAIN RD MS RESTAURANT BUDDY'S FISH & CHIPS LTD. 445 NEWFOUNDLAND DR MS RESTAURANT BUDDY'S FISH & CHIPS LTD. 445 NEWFOUNDLAND DR MS RESTAURANT CREATIVE BRICK AND TILE 78 O'LEARY AVE MS RETAIL STORE ATLANTIC CASH & CARRY 37 O'LEARY AVE MS OFFICE MCDONALD'S RESTAURANTS OF 14 STAVANGER DR MS RESTAURANT CREATIVE BRICK AND TILE 25 STAVANGER DR MS RETAIL STORE GOING MOBILE 15-27 STAVANGER DR MS RETAIL STORE MCDONALD'S RESTAURANTS OF 506 TOPSAIL RD MS RESTAURANT NEW WORLD FITNESS 644 TOPSAIL RD MS CLUB RED ROCK GRILL 686 TOPSAIL RD MS RESTAURANT SECOND PAGE 655 TOPSAIL RD MS RETAIL STORE CHES'S SNACKS LIMITED 655 TOPSAIL RD MS RESTAURANT MCDONALD'S RESTAURANTS OF 248 TORBAY RD MS RESTAURANT JUNGLE JIMS 286 TORBAY RD MS RESTAURANT THE MATTRESS STORE LTD. 286 TORBAY RD MS RETAIL STORE GRUMPY STUMP 272-276 TORBAY RD MS RESTAURANT RUSTER'S 272-276 TORBAY RD MS RESTAURANT WENDY'S 272-276 TORBAY RD MS RESTAURANT COCONUT ISLAND 272-276 TORBAY RD MS CLINIC BANK OF NOVA SCOTIA TORBAY RD MS BANK BULLDOG FITNESS TORBAY ROAD-TORBAY RD MALL MS CLUB PARA ENGINEERING 240 WATERFORD BRIDGE RD SN COMMERCIAL SCHOOL THERAPEUTIC 722 WATER ST MS CLINIC RELIABLE CONST GROUP AVALON MALL NO. 1, ROGERS PLUS TI RETAIL STORE MUNICIPALITIES NEWFOUNDLAND & 460 TORBAY RD RN OFFICE HAYWARD INTERIORS PLUS INC. 203 KENMOUNT RD RN RETAIL STORE 11239 NEWFOUNDLAND LTD 77 BLACKMARSH RD CR MIXED USE UNITY CHILDCARE CENTRE LTD. 55 AIRPORT RD CR DAY CARE CENTRE LASIK MD 272-276 TORBAY RD - LASIK MD CR CLINIC

THIS WEEK $ 485,317.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL - 6 - 2010-05-17

EAST COAST TRAIL ASSOCIATION FORT AMHERST TRAILHEAD SW PUBLIC USE

THIS WEEK $ 1,500.00

CLASS: RESIDENTIAL

CRAIG SCOTT SHEPPARD 9 BOLAND ST NC FENCE JOHN COX AND 62 BRAD GUSHUE CRES NC FENCE GARY SQUIRES/PAULA NOFTALL 12 CAPE PINE ST, LOT 53 NC SINGLE DETACHED DWELLING MIKE GRIFFITHS 24 CANSO PL, LOT 10 NC SINGLE DETACHED & SUB.APT MIKE GRIFFITHS 13 CANSO PL, LOT 13 NC SINGLE DETACHED & SUB.APT PRO-TECH CONSTRUCTION 16 CASTLE BRIDGE DR, LOT 2 NC SINGLE DETACHED DWELLING JASON DURDLE 66 CHEROKEE DR NC FENCE JASON DURDLE 66 CHEROKEE DR NC ACCESSORY BUILDING JOHN MERRICK 6 COLVILLE PL NC FENCE MICHAEL & JENNIFER COADY 136 DOYLE'S RD NC ACCESSORY BUILDING ADAM O'BRIEN & APRIL SNOW 64 EDISON PL NC FENCE LISA MARIE HEALE 22 FAULKNER ST NC FENCE PATRICIA R.RICE 24 FAULKNER ST NC FENCE DONNA BARNES 72 FRANCIS ST - LOT #92 NC SINGLE DETACHED DWELLING ANN MCLOUGHLAN 1 GLENRIDGE CRES NC ACCESSORY BUILDING GARY VOKEY 38 GOLD MEDAL DR NC ACCESSORY BUILDING RICHARD & CATHERINE BAILEY 64 GREEN ACRE DR NC FENCE ANDREW WEIR 188 HAMILTON AVE NC FENCE SKYMARK HOMES LTD 24 ICELAND PL, LOT 1-6 NC SINGLE DETACHED DWELLING MOYA CROCKER 4 JAMIE KORAB ST NC FENCE KENNETH COOK AND MARGARET COOK 18 KATIE PL NC ACCESSORY BUILDING PERHAM HOMES 28 LADY ANDERSON ST, LOT 284 NC SINGLE DETACHED & SUB.APT ATLANTIC HOMES LIMITED 34 LADY ANDERSON ST.,LOT 281 NC SINGLE DETACHED & SUB.APT ATLANTIC HOMES LIMITED 36 LADY ANDERSON ST, LOT 280 NC SINGLE DETACHED DWELLING DONOVAN HOMES LTD 42 LADYSMITH DR, LOT 32 NC SINGLE DETACHED DWELLING DONOVAN HOMES LTD 62 LADYSMITH DR, LOT 22 NC SINGLE DETACHED & SUB.APT JAMIE WILKINSON 13 LOCKHEED ST NC FENCE KERRY SAVOURY 51 MACBETH DR NC ACCESSORY BUILDING GLEN GOSSE 75 MACBETH DR NC FENCE WAYNE WILLIAMS 319-325 MAIN RD NC ACCESSORY BUILDING SHELDON COOPER 18 MYRICK PL NC FENCE DONOVAN HOMES LTD 1 NAUTILUS ST, LOT 20 NC SINGLE DETACHED & SUB.APT GEORGE F. ROBBINS 70 NEWTOWN RD NC FENCE MARIA RONAYNE 45 OTTER DR NC ACCESSORY BUILDING ROCKWOOD HOMES 34 PARSONAGE DR, LOT 17 NC SINGLE DETACHED DWELLING TIMOTHY IVEY AND 78 PENNYWELL RD NC ACCESSORY BUILDING LEE NOSEWORTHY 11 PETITE FORTE DR NC FENCE PERHAM HOMES 39 PETITE FORTE DR, LOT 305 NC SINGLE DETACHED DWELLING DOUG BARRON 264 AIRPORT HEIGHTS DR NC FENCE JOYCE ROLFE 11 CABOT AVE NC FENCE DOUGLAS LA PRAIRIE 16 TOPSAIL RD NC ACCESSORY BUILDING CLAIRE LOUISE BARBER 16 TURNBERRY ST NC ACCESSORY BUILDING CLAIRE LOUISE BARBER 16 TURNBERRY ST NC FENCE CLAIRE LOUISE BARBER 16 TURNBERRY ST NC PATIO DECK MICHAEL & VERONICA BRICOUT 15 WELLAND ST NC ACCESSORY BUILDING MICHAEL & VERONICA BRICOUT 15 WELLAND ST NC FENCE GREGORY ANDREWS 87 WINSLOW ST NC FENCE CAROLYN HARNETT & AMANDA FROST 147 EMPIRE AVE CO SINGLE DETACHED & SUB.APT GEORGINA C. CHALKER 93 FOREST RD CO SINGLE DETACHED DWELLING JODY HICKEY 30 FRANCIS ST CR SUBSIDIARY APARTMENT JODY HICKEY 45 FRANCIS ST CR SUBSIDIARY APARTMENT JACQUELINE POTTLE 142 UNIVERSITY AVE CR SUBSIDIARY APARTMENT DONALD B. & CAROLINE M. WHALEN 31 CAIRO ST EX SEMI-DETACHED DWELLING CORY & SUSAN ORAM 19 DURDLE DR EX SINGLE DETACHED & SUB.APT DONALD COADY 151 GOWER ST EX PATIO DECK DARRYL WHELAN & ROSA COONEY 11 LIVERPOOL AVE EX SINGLE DETACHED DWELLING DAMIEN KELLY 194 OLD PETTY HARBOUR RD EX SINGLE DETACHED DWELLING - 7 - 2010-05-17

EDNA HALL/KEVIN PITTMAN 9 WATERFORD BRIDGE RD EX SINGLE DETACHED & SUB.APT ANDREW PIPPY 38 CHAPMAN CRES RN SINGLE DETACHED DWELLING ANDREW L. ST. JOHN AND 65 LONG'S HILL RN SEMI-DETACHED DWELLING PAULA TAYLOR ZARAI 64 MEADOWBROOK DR RN MOBILE HOME GUY DREDGE 134 NEWTOWN RD RN SUBSIDIARY APARTMENT CHRISTOPHER CAMPBELL 110 PROWSE AVE RN SUBSIDIARY APARTMENT MEGAN GREEN 20 ROYAL OAK DR RN SINGLE DETACHED DWELLING ELI BAKER 15 STONEYHOUSE ST RN SINGLE DETACHED & SUB.APT JOHN C. HUTTON AND 147 TOPSAIL RD RN SINGLE DETACHED DWELLING LESLEY ANN RAYMOND 728 WATER ST RN SEMI-DETACHED DWELLING GARY HOLDEN 6 WOOD ST RN BOARDING HOUSE(4 OR LESS) JOHN & JOAN WHITE 98 CAMPBELL AVE SW SINGLE DETACHED DWELLING PAT POWER 67 MILITARY RD SW SINGLE DETACHED DWELLING GERARD J. ENNIS 68 PRINCE OF WALES ST SW SEMI-DETACHED DWELLING ALLAN & KAREN THOMAS 5 STONEBRIDGE PL SW SINGLE DETACHED DWELLING COLLEEN HANRAHAN 140 WATERFORD BRIDGE RD SW SINGLE DETACHED & SUB.APT

THIS WEEK $ 3,124,360.00

CLASS: DEMOLITION

LEONARD HOWLETT/TINA POWER 703 MAIN RD DM SINGLE DETACHED DWELLING

THIS WEEK $ 5,000.00

THIS WEEK''S TOTAL: $ 3,616,177.00

REPAIR PERMITS ISSUED: 2010/05/06 TO 2010/05/12 $ 288,864.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

395-419 Main Road – Your application for a billboard sign has been rejected.

75-81 Harvey Road – Your application for a wall sign for side of building has been rejected.

452 Water Street – Your application to replace the existing exterior of the building has been rejected.

- 8 - 2010-05-17

2 Sprucedale Drive – Your application for a driveway off Ruby Line to access the rear of the property has been rejected as no access points to residential property are permitted off Ruby Line.

Payrolls and Accounts

SJMC2010-05-17/277R It was decided on motion of Councillor Collins; seconded by Councillor Tilley: That the following Payrolls and Accounts for the week ending May 13, 2010, be approved: Weekly Payment Vouchers For The Week Ending May 13, 2010

PAYROLL

Bi-Weekly Management $ 571,233.88 Regional Fire Systems $ 590,394.33 Bi-Weekly Administration $ 674,983.15 Public Works $ 318,173.15

ACCOUNTS PAYABLE $ 2,635,474.05

Total: $ 4,790,258.56 Tenders

a. Tender – Contract Insurance Claims Management System Software & Maintenance b. Tender – Traffic Paint c. Tender – 2010 Streets Rehabilitation Program d. Tender – New Metrobus Terminal

SJMC2010-05-17/278R It was decided on motion of Councillor Galgay; seconded by Councillor Breen: That the recommendations of the City Manager, Director of Finance; Director of Engineering and Acting Director of Building and Property Management be approved and the tenders awarded as follows:

a. Clear Risk Inc. in the amount of $23,750 plus tax (with annual continuance fee of $12,000 plus tax) b. UCP Paints @ $125,306.40 c. Pyramid Construction Ltd. in the amount of $5,972,074.30 - 9 - 2010-05-17

d. Marco Services Ltd. in the amount of $28,833,000.00 which includes HST

With respect to the software tender, Councillor Hanlon noted the significant gaps between the bids submitted, some of which amounted to almost $200,000 in the difference. The City Manager assured Council that the recommended bidder was qualified and met the specifications outlined.

Deputy Mayor Duff referenced the Streets Rehabilitation Program and questioned whether or not the costs for this year’s program are on par with last year’s and if the City is able to do the same extent of work with the funding budgeted as compared to last year’s budget. The Director of Engineering agreed to investigate the costs from previous years and report back to Council.

Quarterly Travel Reports Council considered as information a memorandum dated May 11th, 2010 from the Director of Finance and City Treasurer regarding the quarterly travel reports for members of Council and City employees for the first quarter of 2010. This information is given in accordance with the City’s Freedom of Information By-Law.

113 Brookfield Road: Thomas and Elizabeth Murphy Council considered a memorandum dated May 12th, 2010 from the City Manager regarding the above noted matter. SJMC2010-05-17/279R It was decided on motion of Councillor Collins; seconded by Deputy Mayor Duff: That the City Manager’s recommendation be adopted and that approval be given to acquire a small piece of land at 113 Brookfield Road for street upgrading at the appraised value of $1,150.00 plus legal fees for the land.

Travel Authorization Request for Councillor Sandy Hickman Council considered a memorandum dated May 13th, 2010 from the Manager, Corporate Secretariat requesting travel authorization for Councillor Sandy Hickman to attend the - 10 - 2010-05-17

Canadian Capital Cities Organization Annual Conference from July 7th – 10th, 2010 in Fredericton, New Brunswick.

SJMC2010-05-17/280R It was decided on motion of Councillor Galgay; seconded by Councillor O’Leary: That Councillor Sandy Hickman be authorized to attend the Canadian Capital Cities Organization Annual Conference from July 7th – 10th, 2010 in Fredericton, New Brunswick.

Travel Authorization Request for Mayor O’Keefe Council considered a memorandum dated May 17th, 2010 from Mayor O’Keefe requesting travel authorization to attend the Big City Mayors’ Caucus meetings taking place in Toronto, ON from May 26th – 28th, 2010. SJMC2010-05-17/281R It was decided on motion of Councillor Galgay; seconded by Councillor O’Leary: That Mayor O’Keefe be authorized to attend the Big City Mayors’ Caucus meetings taking place in Toronto, ON from May 26th – 28th, 2010.

242 New Pennywell Road Council considered a memorandum dated May 13th, 2010 from the Acting Director of Building & Property Management advising that 242 New Pennywell Road has been inspected on numerous occasions and it has been determined that the building is unfit for habitation and more than 50% depreciated.

SJMC2010-05-17/282R It was decided on motion of Councillor Breen; seconded by Councillor Galgay: That the recommendation of the Acting Director of Building and Property Management be accepted and that given the advanced state of disrepair and public safety hazard associated with civic # 242 New Pennywell Road, it is recommended that this building be ordered demolished and the site graded.

New Cove Road/Portugal Cove Road Intersection Improvements Council considered a memorandum dated May 13th, 2010 from the City Manager advising of the City’s requirement for easements from the owners of 105 Portugal Cove Road and 113 Portugal Cove Road for rerouting a Newfoundland Power line in relation to the above noted project. - 11 - 2010-05-17

SJMC2010-05-17/283R It was decided on motion of Councillor Hickman; seconded by Councillor Hanlon: That the recommendation of the City Manager be adopted and that the easements for 105 and 113 Portugal Cove Road for rerouting of a Newfoundland Power line be expropriated and that authority be given for the Mayor and City Clerk to execute the two Notices of Expropriation as outlined in the Regular Council Agenda for May 17th, 2010.

Appointment of Mr. Harold Squires FCGA to the Audit Standing Committee Council tabled a memorandum dated May 17th, 2010 from Councillor Danny Breen, Chairperson of the Audit Standing Committee recommending approval of the appointment of Mr. Harold Squires FCGA as the citizens representative on the Audit Standing Committee of Council.

SJMC2010-05-17/284R It was decided on motion of Councillor Breen; seconded by Councillor Tilley: That Mr. Harold Squires FCGA be appointed to the Audit Standing Committee of Council as the citizens representative.

Deputy Mayor Duff

 Deputy Mayor Duff referenced the film currently being shown at The Rooms Theatre entitled Manufactured Landscapes by Edward Burtynsky as well as his photographic exhibition entitled Oil, which explores the subject of oil and its effect on the environment. Mr. Burtynsky is one of the most well respected and recognized contemporary photographers in the world. Oil will be on view at The Rooms until August 15, 2010. Deputy Mayor Duff encouraged members of Council and the general public to attend this thought-provoking exhibition.

Councillor O’Leary

▪ Councillor O’Leary referenced the issue of equal opportunity and employment initiatives at City Hall and whether or not the City can be more proactively - 12 - 2010-05-17

engaged. She requested a status report from the City Manager and Director of Human Resources. The City Manager advised that a report is forthcoming on the issue of the Fire Department Hiring within the next two month period.

▪ Councillor O’Leary congratulated the St. John’s Clean & Beautiful Committee on the litter clean-up campaign, noting that this year’s initiative was a great success with positive media coverage and participation by the general public. She advised that any neighbourhood groups wishing to partake in a clean-up program should contact Karen Hickman, Executive Director of St. John’s Clean & Beautiful to organize such an event.

▪ Councillor O’Leary referenced the addition of trash containers by the DDC in the Downtown area and questioned the status of the City’s replacement of trash containers in other areas of the City. The Deputy City Manager/Director of Public Works & Parks advised that the City has about twenty (20) receptacles being funded by the DDC and the City is working with them to select appropriate locations. In addition, the City is in the process of replacing existing receptacles throughout the City with ones that are more conducive to recycling. A report is forthcoming on this matter.

▪ Councillor O’Leary advised that the Schools Committee of the St. John’s Clean & Beautiful Committee is hosting an event with students from grades 6 – 9 relative to the Super Speak-off. Students throughout the City are invited to participate through the writing of essays and public speaking. All schools in St. John’s are encouraged to participate.

Councillor Breen

 Councillor Breen referenced the accumulation of garbage on the Outer Ring Road which is embarrassing, particularly when consideration is given to the amount of funding spent on tourism advertising. The City of St. John’s - 13 - 2010-05-17

regularly cleans the areas within its jurisdiction; however, reference was made to those areas outside the City’s boundaries which are being neglected. Councillor Breen has been in discussion with area MHA’s and they have all agreed to meet with the Dept. of Works, Services & Transportation to discuss resolutions to this problem.

Councillor Frank Galgay  Councillor Galgay referenced the book launch on May 18th, 2010 at Bianca’s Restaurant of “Island Maid, Voices of Outport Women”, a book co-written by Councillor Sheila O’Leary and Rhonda Pelley. Councillor O’Leary was congratulated for her achievement.

Councillor Tilley

▪ Councillor Tilley referenced the Strategic Economic Roadmap and expressed his enthusiasm about the initiative, stating that he looks forward to the progress.

▪ Councillor Tilley indicated that he has received complaints about the hazards of rocks falling from the embankment as a result of development on New Pennywell Road. The matter was referred to the Director of Engineering for investigation.

Councillor Hanlon

▪ Councillor Hanlon advised that there is a Downtown Library meeting taking place tomorrow night (May 18th, 2010 in Conference Room A, City Hall.) The general public is invited to attend this meeting.

Councillor Collins

▪ Councillor Collins advised that within the next few weeks a clean-up will be taking place in various neighbourhoods in the Goulds area, i.e. Powers Pond Road. He also referenced concerns about the increase of tipping fees and how this may deter people from using Robin Hood Bay and may perhaps increase the incidents of illegal dumping. He referenced a previous budget cost-shared by - 14 - 2010-05-17

the City and the Province, and he recollected that the amount was approximately $75,000 each, the purpose of which was to facilitate clean-up of wooded areas. He suggested that a similar budget be re-established. The matter is referred to the Finance & Administration Standing Committee for discussion.

▪ Councillor Collins congratulated the three individuals from the Goulds who will be traveling to the Czech Republic to compete as part of the Canadian power lifting team which consists of 22 members.

Mayor O’Keefe

 Mayor O’Keefe congratulated retired City Engineer Mr. Art Cheeseman who has been recognized by the Association of Engineers and Geoscientists for their Award of Merit which will be given to Mr. Cheeseman at their annual conference in May.

Adjournment

There being no further business, the meeting adjourned at 5:35 p.m.

______MAYOR

______CITY CLERK

July 13th, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also: Deputy Mayor Duff; Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins.

The City Manager, Deputy City Manager/Director of Corporate Services and City Clerk; Deputy City Manager/Director of Public Works and Parks; Director of Planning, Director of Engineering, City Solicitor and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-07-13/396R It was decided on motion of Councillor Galgay; seconded by Councillor Collins: That the Agenda be adopted as presented with the following additional item:

a. Request for a $4000 contribution towards the RNC Freedom of the City Dinner on August 18th, 2010 to be held at the Delta

Adoption of Minutes

SJMC2010-07-13/397R It was decided on motion of Deputy Mayor Duff; seconded by Councillor Hickman:That the minutes of the June 28th, 2010 meeting be adopted as presented.

Proposed Rezoning of lands along Teakwood Drive, Southlands

Under business arising, Council considered a memorandum dated July 5, 2010 from the Director of Planning regarding the above noted.

- 2 - 2010-07-13

SJMC2010-07-13/398R It was moved by Councillor Hann: seconded by Councillor Hickman: That the following Resolution for St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 be adopted; which will then be referred to the Department of Municipal Affairs for Provincial registration in accordance with the requirements of the Urban and Rural Planning Act:

URBAN AND RURAL PALLNING ACT, 2000 RESOLUTION TO APPROVE ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 82, 2010 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 484, 2010

Under the authority of section 16, 17, and 18 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council: a) Adopted St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 on the 14th day of June, 2010. b) Gave notice of the adoption of St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 by advertisements inserted in the Telegram newspaper on the 19th day of June 2010. c) Set the 5th day of July, 2010 at 7:00 pm at St. John’s City Hall for the holding of public hearing to consider objections and representations.

Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the St. John’s Municipal Council approves St. John’s Municipal Plan Amendment Number 82, 2010 and St. John’s Development Regulations Amendment Number 484, 2010 as adopted.

SIGNED AND SEALED this 13th day of July, 2010.

______Mayor

______City Clerk

The motion being put was unanimously carried. - 3 - 2010-07-13

Notices Published

1. A Discretionary Use Application has been submitted by Gary Holden requesting permission to convert Civic No. 34 Bonaventure Avenue from a Single Detached Dwelling with a subsidiary apartment into a Multiple Dwelling Unit with three (3) dwelling units. The proposed Multiple Dwelling will provide three (3) on-site parking spaces, two (2) spaces by use of the garage and one space to be created fronting Belvedere Street. (Ward 2)

Submission of Concern Submission by Applicant

SJMC2010-07-13/399R It was moved by Councillor Galgay; seconded by Councillor O’Leary: That a decision on the application be deferred in order that City staff can review the on-site parking situation for the application, as per staff’s recommendation.

The motion being put was unanimously carried.

2. A Change of Non-Conforming Use Application has been submitted by Shaun White requesting permission to convert Civic No. 274 Freshwater Road (former ‘Browne’s Auto Supplies Ltd’) to be used as a Take-Out only restaurant (Domino’s Pizza). The hours of operation are 11:00am-11:00pm each day. There are six (6) on-site parking spaces provided. (Ward 4)

Letter of Objection Petition of Objection Petition of Support

SJMC2010-07-13/400R It was moved by Councillor Hanlon; seconded by Councillor Hickman: That the application be approved.

Councillor Hanlon noted that she visited the site of the proposed takeout only restaurant and felt that the use is comparable to the auto supply business currently operating from the site.

The motion being put was carried with Councillor O’Leary dissenting.

3. An Extension of a Non-Conforming Use Application has been submitted by Donna & Barry Grenning for permission to construct a 50% extension of approximately 37.5 m2 to the existing dwelling located at Civic No. 242 Southern Shore Highway. The existing building is approximately 75 m2, and the proposed extension is 6.7m x 5.6m. It is located in the Bay Bulls Big Pond Watershed (W) Zone. (Ward 5)

- 4 - 2010-07-13

SJMC2010-07-13/401R It was moved by Councillor Collins; seconded by Councillor Hanlon: That the application be approved.

The motion being put was unanimously carried.

Public Meetings

Councillor O’Leary presented a public hearing meeting dated July 6th, 2010, which was held to discuss the Proposed Construction of a new Lawton’s Drug Store and Medical Clinic at the property located at Civic Number 11 Elizabeth Avenue (the site of the former Dominion Grocery Store at this address).

SJMC2010-07-13/402R It was moved by Councillor O’Leary; seconded by Councillor Hanlon: That the land use assessment report dated June 23, 2010 that was prepared by Sheppard Case Architects Inc. for the project, be approved; and further, that Council grant an Approval-in-Principle to the new drug store and medical clinic building subject to the following conditions:

a. The Development must be undertaken in accordance with the land use assessment report dated June 23, 2010; b. There must be an inter-connection for vehicular traffic between the properties at Civic Numbers 11-27 Elizabeth Avenue and the future new Piper’s Retail Store at Civic Number 33-37 Elizabeth Avenue and this inter-connection must be established and maintained in accordance with all requirements of the City’s Department of Engineering; and c. The Development must be undertaken in accordance with all applicable requirements of the St. John’s Development Regulations and all applicable requirements of the City’s Department of Engineering, Department of Building & Property Management, Department of Public Works and Parks and Department of Planning.

The motion being put was unanimously carried.

Committee Reports

Development Committee Report dated July 6th, 2010

Council considered the following Development Committee Report dated July 6th, 2010: RECOMMENDATIONS OF APPROVAL:

1. Proposed Residential Subdivision - 5 - 2010-07-13

Gibbon’s Property – Connolly’s Lane/Valleyview Road (Ward 5) Applicant: Richard Gibbons

It is the recommendation of the Development Committee that this application be granted Approval-in-Principle, subject to the following:

i. Payment of the applicable Subdivision Application Fees, Development Fees and Civic Improvement Assessments as required under Section 6.4 of the St. John’s Development Regulations; and, ii. Compliance with all requirements of the Departments of Engineering, Planning and Public Works and Parks.

2. Proposed Extension to Existing Dwelling Applicant: Dave & Aimee Hiscock Civic No. 88 Ennis Avenue (Ward 1) Residential Low Density (R1) Zone

It is the recommendation of the Development Committee to approve a 4 meter side yard clearance along the Hutton Road side of the property.

RECOMMENDATION OF REJECTION

3. Change of Non-conforming Use Application Proposed Convenience/Retail Store Applicant: Ms. Karen Stirling 151 Signal Hill Road (Ward 2) Open Space (O) Zone

It is the recommendation of the Development Committee that the application from Karen Stirling for the proposed confectionary/retail store be rejected.

Ronald Penney, Chairperson City Manager

SJMC2010-07-13/403R It was moved by Councillor Hann; seconded by Councillor Tilley : That the Committee’s recommendations be approved.

The motion being put was unanimously carried.

- 6 - 2010-07-13

Heritage Advisory Committee Report dated July 5, 2010

Council considered the following Heritage Advisory Committee Report dated July 5, 2010:

Members: Deputy Mayor Shannie Duff Councillor Sheilagh O’Leary David Kelland, NL Association of Architects Anne Hart, Resident Representative Gerard Hayes, General Representative Melanie Del Rizzo, Business Tax Payer Glen Power, Downtown Development Commission Ken O’Brien, Manager of Planning & Information Peter Mercer, Heritage Officer Margaret Donovan, Tourism Industry Coordinator Karen Chafe, Recording Secretary

Also present was Alicia Morrissey of the Telegram.

Report:

1. 12 – 14 George Street: (Greensleeves) – Application for Glass Garage Doors The Committee considered the attached elevations for the installation of glass garage doors on the 2nd floor of Greensleeves on the George St. side and west facing elevation.

The Committee recommends that the Heritage Officer consult with the applicant to find more appropriate door openings similar to those at Bridie Molloys which open out instead of up. The application is also subject to compliance with building code regulations.

2. 23 Rennies Mill Road – Application for Heritage Designation The Committee considered an application from Nolan Hall for heritage designation of 23 Rennies Mill Road.

The Committee views the application for heritage designation of 23 Rennies Mill Road favourably and has asked staff to prepare the required forms for the development and review of a statement of significance. This documentation will have to be referred back to the Committee prior to making final recommendations on heritage designation.

- 7 - 2010-07-13

3. Yellowbelly Brewery – Proposed Patio Plan The Committee considered the attached patio plan for Yellowbelly Brewery’s east side elevation at Beck’s Cove.

The Committee recommends that the proposal be approved in principle with the following conditions:  That the property owner is of the understanding that the patio which is situated on City-owned land may have to be removed in the future pending the implementation of the George Street Master Plan and/or other considerations which may arise which would necessitate such removal. Costs for removal of the deck will be borne by the owners of Yellowbelly Brewery.  That the Historic Sites and Monuments heritage plaque which is situated in the middle of the area to be used for a patio deck be relocated to a more prominently visible area which is accessible for viewing by the general public and not just the bar patrons at Yellowbelly Brewery. This relocation will have to be coordinated in consultation with the City of St. John’s, the Historic Sites and Monuments Board of Parks Canada and the owners of Yellowbelly Brewery.

4. Star of the Sea Hall, 40 Henry St. , Proposed Demolition The Committee met with Ron Fougere of Ron Fougere Associates Ltd. to discuss a proposal to demolish the Star of the Sea Hall located at 40 Henry St. and replace it with a 48 unit condominium development on the site. Copies of the floor plan and architectural renderings were circulated to the Committee. The Committee also considered a Statement of Significance prepared by the Heritage Foundation for the existing Star of the Sea Hall.

The Committee recommends that the application be deferred pending the Committee’s research of the existing building’s architectural merits and cultural history as well as the historic significance of the site itself. The Committee has asked for any reports that may be on file regarding the building’s structural condition and has also requested that the Heritage Officer arrange for a site visit of the Star of the Sea Hall.

Deputy Mayor Shannie Duff Chairperson

- 10 - 2010-07-13

O'LEARY AVENUE RECYLING 28 O'LEARY AVE MS LIGHT INDUSTRIAL USE CREATIVE BRICK AND TILE 78 O'LEARY AVE MS RETAIL STORE ATLANTIC CASH & CARRY 37 O'LEARY AVE MS OFFICE HICKMAN MOTORS LIMITED 20 PEET ST MS CAR SALES LOT ROMAR ENTERPRISES 39-41 PIPPY PL MS RETAIL STORE RIVERDALE TENNIS CLUB 4 PORTUGAL COVE RD MS CLUB ROPEWALK FOODS INC. 117 ROPEWALK LANE MS EATING ESTABLISHMENT MCDONALD'S RESTAURANTS OF 14 STAVANGER DR MS RESTAURANT DRAPES ETC. LTD. 15 STAVANGER DR MS RETAIL STORE CREATIVE BRICK AND TILE 25 STAVANGER DR MS RETAIL STORE GOING MOBILE 15-27 STAVANGER DR MS RETAIL STORE MCDONALD'S RESTAURANTS OF 506 TOPSAIL RD MS RESTAURANT NEW WORLD FITNESS 644 TOPSAIL RD MS CLUB RED ROCK GRILL 686 TOPSAIL RD MS RESTAURANT SECOND PAGE 655 TOPSAIL RD MS RETAIL STORE CHES'S SNACKS LIMITED 655 TOPSAIL RD MS RESTAURANT MCDONALD'S RESTAURANTS OF 248 TORBAY RD MS RESTAURANT JUNGLE JIMS 286 TORBAY RD MS RESTAURANT THE MATTRESS STORE LTD. 286 TORBAY RD MS RETAIL STORE GRUMPY STUMP 272-276 TORBAY RD MS RESTAURANT RUSTER'S 272-276 TORBAY RD MS RESTAURANT WENDY'S 272-276 TORBAY RD MS RESTAURANT COCONUT ISLAND 272-276 TORBAY RD MS CLINIC BANK OF NOVA SCOTIA TORBAY RD MS BANK BULLDOG FITNESS TORBAY ROAD-TORBAY RD MALL MS CLUB IRONWOOD CHIP & PUTT INC. 421 TORBAY RD MS RECREATIONAL USE PAUL TRACEY 11 MAJOR'S PATH NC ACCESSORY BUILDING ISLAND FURNITURE ASSOCIATION 59 MEWS PL (CONST TRAILER) NC ACCESSORY BUILDING ATLANTIC PLANNING & MAN 280 TORBAY RD NC ACCESSORY BUILDING WAYPOINTS 145 LEMARCHANT RD NC PATIO DECK WAYPOINTS 145 LEMARCHANT RD RN OFFICE SYKES CALL CENTRE 145 TORBAY RD, SYKES CR OFFICE A. HARVEY & CO. LIMITED PIER 14 WATER ST NC ACCESSORY BUILDING STEVE CURTIS 288 DUCKWORTH ST RN RESTAURANT WORLEY PARSONS CANADA SERVICES 215 WATER ST, WORLEY PARSONS TI OFFICE SORENSEN SCHOOL OF DANCE 435 TORBAY RD EX COMMERCIAL SCHOOL LONG HARBOUR HOLDINGS INC 10 ST. CLARE AVE TI RECREATIONAL USE

THIS WEEK $ 464,142.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

CROSBIE REALTY LIMITED 151 CROSBIE RD, RBC SN BANK BOWRING PARK 305 WATERFORD BRIDGE RD MS ADMIN BLDG/GOV/NON-PROFIT CHURCH OF JESUS CHRIST OF 19 FERRYLAND ST E SW PARKING LOT METROBUS MESSENGER DRIVE NC TRANSPORTATION TERMINAL

THIS WEEK $ 28,918,000.00

CLASS: RESIDENTIAL

ALFRED THEO COOMBS 29 ALICE DR NC FENCE DOUG JAMES 9 BAR HAVEN ST NC FENCE TERRY KAVANAGH 24 BELVEDERE ST NC PATIO DECK WILLIAM J. TROKE AND 15 BLUE PUTTEE DR NC PATIO DECK GINA HODDER 41 BRAD GUSHUE CRES NC ACCESSORY BUILDING SANDRA ELLIOTT 61 BURRY PORT ST NC PATIO DECK - 11 - 2010-07-13

BALNAFAD COMPANY LIMITED 33 CAPE PINE ST, LOT 14 NC SINGLE DETACHED DWELLING HEATHER HISCOCK 9 CARLOW PL NC FENCE NEBOJSA & MORRISSETTE DENIC 50 CARRICK DR NC FENCE JEROME COADY 5 CATALINA PL NC FENCE ROBERT & IMELDA NORMAN 12 EDGECOMBE DR NC FENCE JAMIE C. CROSS & 115 EDISON PL NC PATIO DECK BRAD WINSOR 16 FIRDALE DR, LOT 10 NC SINGLE DETACHED DWELLING RICHARD TULK AND TINA TULK 2 FORDE DR NC ACCESSORY BUILDING MICHAEL COX 50 FRANCIS ST, LOT 82 NC SINGLE DETACHED DWELLING JOHN PROWSE CONSTRUCTION 54 FRANCIS ST, LOT 84 NC SINGLE DETACHED DWELLING DAVID WHITE 90 FRESHWATER RD NC PATIO DECK CYNTHIA COLES 69 FRESHWATER RD NC ACCESSORY BUILDING JEFFREY CAREW 84 GLENLONAN ST, LOT 52 NC SINGLE DETACHED DWELLING GUARDIAN HOMES INC. 45 GLENLONAN ST, LOT 95 NC SINGLE DETACHED DWELLING CARDINAL HOMES LTD 75 GLENLONAN ST, LOT 80 NC SINGLE DETACHED DWELLING CARDINAL HOMES LTD 77 GLENLONAN ST, LOT 79 NC SINGLE DETACHED DWELLING HAYWARD KIELLY 22 GOLD MEDAL DR NC ACCESSORY BUILDING GENA BUGDEN 16 GOLF COURSE RD NC FENCE JENNIFER LEONARD 62 HUNTINGDALE DR NC ACCESSORY BUILDING PAUL NORMAN 40 JORDAN PL NC SINGLE DETACHED DWELLING GERALD & MURIEL CURTIS 8 KINCAID ST NC FENCE ANTHONY HOWLETT 550 MAIN RD NC PATIO DECK DOUGLAS MAY 23 MARGARET'S PL NC FENCE SCOTT FRANCIS KELLY AND 9 MARK NICHOLS PL NC FENCE LEWIS MARMADUKE COLLINS 98 MELVILLE PL NC FENCE KELLY POWER 37 MONTAGUE ST NC PATIO DECK ELIZABETH CALLAHAN 30 O'NEIL AVE NC PATIO DECK BRADLEY WILKINS 46 OTTER DR NC FENCE RICHARD MATTHEW MOLE 70 PALM DR NC ACCESSORY BUILDING MICHELE HAIRE 58 PLEASANT ST NC FENCE KAREN FURNEAUX AIRPORT HEIGHTS DR. LOT 3A NC SINGLE DETACHED DWELLING HAROLD DELOUCHE 12 PRESTWICK PL NC PATIO DECK GUARDIAN HOMES INC. 7 ROSEMARKIE ST, LOT 35 NC SINGLE DETACHED DWELLING GUARDIAN HOMES INC. 9 ROSEMARKIE ST, LOT 36 NC SINGLE DETACHED DWELLING JAMES EDWIN GOSSE AND 60 RUMBOLDT PL NC ACCESSORY BUILDING BALNAFAD COMPANY LIMITED 4 ST. SHOTTS PL, LOT 86 NC SINGLE DETACHED DWELLING LORI MITCHELL 3 ST. SHOTT'S STREET, LOT 102 NC SINGLE DETACHED & SUB.APT RHONDA CHAYTOR 15 SEABORN ST NC FENCE WILLIAM MURRAY 193 UNIVERSITY AVE NC ACCESSORY BUILDING JOE DALTON 35 VIRGINIA PL NC ACCESSORY BUILDING CARL & MAUD CROWLEY 22 VISCOUNT ST NC FENCE JONATHAN & VALERIE BARTER 8 WALSH'S LANE NC ACCESSORY BUILDING PATRICK MCDONALD AND 58 CASTLE BRIDGE DR CR SUBSIDIARY APARTMENT DERWIN T. MOLLOY & 23 EXMOUTH ST CR SUBSIDIARY APARTMENT JAMES BROWN & SANDRA ROWE 99 BONAVENTURE AVE EX SINGLE DETACHED DWELLING ROBBIE LOWNDS & CHRISTINA 9 DORSEY'S LANE EX SINGLE DETACHED DWELLING GARY & ERNESTINE EMBERLEY 227 TOPSAIL RD EX SINGLE DETACHED & SUB.APT TERRENCE KAVANAGH & 24 BELVEDERE ST RN SEMI-DETACHED DWELLING JEFF DRISCOLL 109 BONAVENTURE AVE RN PATIO DECK SCOTT ANDERSON 24 BRAD GUSHUE CRES RN SINGLE DETACHED DWELLING RODRIGUE GERARD BYRNE 18 BRISTOL ST RN SINGLE DETACHED DWELLING TRUE NORTH HOMES 38 CAPE PINE ST RN SINGLE DETACHED DWELLING GEOFF MEADUS 5 DUNFORD ST RN SINGLE DETACHED DWELLING CORSAIR CONSTRUCTION 50 KEANE PL RN APARTMENT BUILDING BAVIS & HENDERSON PROJECTS 2 KENT PL RN SINGLE DETACHED DWELLING ROBERT COTTER 4 KERRY ST RN SINGLE DETACHED DWELLING CHRIS SHORTALL 55 LONG'S HILL RN TOWNHOUSING SHIRLEY SWEENEY 24 MURPHY'S AVE RN SINGLE DETACHED DWELLING KENNETH KAO 166 PATRICK ST RN TOWNHOUSING CRAIG A. COLLINS 13 PROSPECT ST RN TOWNHOUSING JEFF COOK 35 SUVLA ST RN SINGLE DETACHED DWELLING KARA BOURGEOIS 167 TOPSAIL RD RN SINGLE DETACHED DWELLING SHELIA SULLIVAN 4 WILLIAM ST RN TOWNHOUSING MICHAEL G. & R. JILL O'REILLY 1 LAKE VIEW AVE SW SINGLE DETACHED DWELLING - 12 - 2010-07-13

RYAN KEITH 21 RICHMOND ST SW SINGLE DETACHED DWELLING GEOFF WOODLAND 37 SUDBURY ST SW SINGLE DETACHED & SUB.APT

THIS WEEK $ 3,982,930.00

CLASS: DEMOLITION

F. GEOFFREY AYLWARD AND 28 OXEN POND RD DM SINGLE DETACHED DWELLING

THIS WEEK $ 6,800.00

THIS WEEK''S TOTAL: $ 33,371,872.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

53 Monkstown Road – Application for the relocation of driveway, retaining walls and fencing has been rejected as the driveway access point will pose sight distance obstructions and pose a hazard.

2010/07/07 Permits List

CLASS: COMMERCIAL

ROEBOTHAN, MCKAY & MARSHALL 70 BROOKFIELD RD CO OFFICE AFN ENGINEERING 70 BROOKFIELD RD CO OFFICE TRACT CONSULTING INC. 299 LEMARCHANT RD CO OFFICE SUZANNE BLAIR 2 STEAD PL CO DAY CARE CENTRE KIM PADDON 47 HARVEY RD RN MIXED USE DOWNEAST TAS COMMUNICATIONS 40 ABERDEEN AVE MS RETAIL STORE CORE INSIGHT CHIROPRACTIC 40 ABERDEEN AVE MS CLINIC ABERDEEN PIZZA LTD 46 ABERDEEN AVE MS RESTAURANT MAGICUTS 90 ABERDEEN AVE MS SERVICE SHOP FIRST STICK POND DEVELOPMENT 98 ABERDEEN AVE MS SERVICE SHOP REITMANS (CANADA) LIMITED 95C ABERDEEN AVE MS RETAIL STORE FIREPLACE & CLOSET SOLUTIONS 18 CRAIG DOBBIN'S WAY MS RETAIL STORE IRVING OIL MARKETING LIMITED 8 BAY BULLS RD MS COMMERCIAL GARAGE CHARLES HAMLYN 255 BAY BULLS RD MS SERVICE SHOP PROFESSIONAL APPAREL MARKETING 203 BLACKMARSH RD MS RETAIL STORE GDP ENTERPRISES INC. 100 BROOKFIELD RD MS CONVENIENCE STORE ST. JOHN'S LODGE #245 OF THE CARPASIAN RD MS CLUB A1 AUTOMOTIVE LIMITED 395 EAST WHITE HILLS RD MS COMMERCIAL GARAGE ELIZABETH PLAZA LIMITED 92 ELIZABETH AVE MS RETAIL STORE NELLA LTD (J.W. ALLAN CO LTD) 94 ELIZABETH AVE MS RETAIL STORE IRVING OIL LTD. 71-77 ELIZABETH AVE MS SERVICE STATION CUSTOM WHEELS 377 EMPIRE AVE MS RETAIL STORE NEEDS CONVENIENCE 174 FRESHWATER RD MS CONVENIENCE STORE 10768 NEWFOUNDLAND LIMITED 336 FRESHWATER RD MS BANK SALON 56 15 GOLDSTONE ST MS SERVICE SHOP - 13 - 2010-07-13

UPTOWN HAIR DESIGN & 169 HAMLYN RD MS SERVICE SHOP JUMBO VIDEO 12-20 HIGHLAND DR MS RETAIL STORE STATION LOUNGE 7 HUTCHINGS ST MS TAVERN INDIGO BOOKS & MUSIC INC. 70 KENMOUNT RD MS RETAIL STORE CLEARWATER POOLS LIMITED 274 KENMOUNT RD MS RETAIL STORE SALVATION ARMY NAT.RECYCLING 49-51 KENMOUNT RD MS RETAIL STORE VALUE VILLAGE STORES, INC. 161 KENMOUNT RD MS RETAIL STORE VOQUE OPTICAL 193 KENMOUNT RD MS SERVICE SHOP NEEDS CONVENIENCE 330 LEMARCHANT RD MS CONVENIENCE STORE LAKEVIEW CHIROPRACTIC 1 LOGY BAY RD MS CLINIC NEEDS 430-432 MAIN RD MS CONVENIENCE STORE UNIVERSAL CORPORATE WEAR 484-490 MAIN RD MS RETAIL STORE TRAVEL QUEST 239 MAJOR'S PATH MS OFFICE YMCA NEW COVE RD MS CLUB INTEGRATED CHIROPRACTIC 119 NEW COVE RD MS CLINIC VACANT (SOOTHE) 119 NEW COVE RD MS RETAIL STORE CANTON RESTAURANT 200-232 NEWFOUNDLAND DR MS RESTAURANT MAS LIFESTYLE INC. 446 NEWFOUNDLAND DR MS CLUB NEEDS CONVENIENCE 449 NEWFOUNDLAND DR MS CONVENIENCE STORE DORSET INVESTMENTS LIMITED 40 O'LEARY AVE MS CLUB SIGNAL HOBBIES INC. 36 PEARSON ST MS RETAIL STORE NEW LOOK UPHOLSTERY 20 PEET ST MS RETAIL STORE NORTH ATLANTIC REFINING 154 PENNYWELL RD MS SERVICE STATION DOWNEAST TAS COMMUNICATIONS 34 PIPPY PL MS RETAIL STORE VIDEO CONNECTION INC. 279 PORTUGAL COVE RD MS RETAIL STORE KEIBRIDAN ENTERPRISES INC. 279 PORTUGAL COVE RD MS COMMERCIAL SCHOOL STAND 'N' TAN LIMITED 20 ROPEWALK LANE MS SERVICE SHOP ROPEWALK TAILORING 30 ROPEWALK LANE MS SERVICE SHOP IRVING OIL MARKETING LIMITED 2 STAVANGER DR MS RETAIL STORE J. D. IRVING, LIMITED 10 STAVANGER DR MS RETAIL STORE JANET CULL PLANET ROCK 386 STAVANGER DR MS RETAIL STORE MARIE'S MINI MART 286 STAVANGER DR MS CONVENIENCE STORE NORTH ATLANTIC REFINING 86 THORBURN RD MS OFFICE NORTH ATLANTIC REFINING 446 TOPSAIL RD MS SERVICE STATION NORTH ATLANTIC REFINING 446 TOPSAIL RD MS SERVICE STATION KENNY ENTERPRISES LIMITED 462 TOPSAIL RD MS CONVENIENCE STORE IRVING OIL CO. LTD. 632 TOPSAIL RD MS COMMERCIAL GARAGE TOPSAIL BILLIARD INC. 681 TOPSAIL RD MS PLACE OF AMUSEMENT BELLA VISTA LIMITED 26-34 TORBAY RD MS TAVERN CROMBIE PROPERTY HOLDINGS II 10 ELIZABETH AVE MS RETAIL STORE LEGROWS TRAVEL 10 ELIZABETH AVE MS OFFICE IRVING OIL 192-194 TORBAY RD MS SERVICE STATION STEPPING STONE INC. 272-276 TORBAY RD MS COMMERCIAL SCHOOL AFRICIAN MARKET SQUARE TORBAY ROAD-TORBAY RD MALL MS RETAIL STORE KUMON 145 TORBAY ROAD,TORBAY RD.MALL MS RETAIL STORE ATLANTIS DEVELOPMENTS INC 12 GLENEYRE ST RN MIXED USE SS SUBWAY LIMITED 188 WATER ST - SUBWAY RN EATING ESTABLISHMENT DOLLARAMA KELSEY DR, DOLLARAMA NC RETAIL STORE 11151 NEWFOUNDLAND LTD. 164 MAJOR'S PATH NC WAREHOUSE ISLAND FURNITURE ASSOCIATION 59 MEWS PL NC RETAIL STORE

THIS WEEK $ 3,372,461.00

CLASS: INDUSTRIAL THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

- 14 - 2010-07-13

CLASS: RESIDENTIAL

JAMES & JESSIE PENNEY 12 AYLWARD PL NC ACCESSORY BUILDING JAMES LYNCH 352-354 BACK LINE NC ACCESSORY BUILDING PAUL & DONNA DEVEREAUX 21 BIRCHWYND ST NC PATIO DECK ROCK SOLID HOME BUILDERS LTD. 26 CANSO PL, LOT 11 NC SINGLE DETACHED DWELLING JEFFREY SILVER 68 CASTLE BRIDGE DR NC FENCE JEREMY C. BOLAND 51 CHEROKEE DR NC FENCE RICHARD YOUNG 36 CONNORS AVE NC FENCE STEPHEN J. WILLAR 33 CORMACK ST NC PATIO DECK ADAM NEVILLE 108 CORNWALL AVE NC FENCE JOHN R. & ROSSANN MARTIN 11 CORNWALL CRES NC ACCESSORY BUILDING CORY SHEA 28 DILLON CRES NC ACCESSORY BUILDING WILLIAM CAREY 104 DOOLING'S LINE NC ACCESSORY BUILDING SHAWN & TINA MORRISSEY 30 EASTBOURNE CRES NC ACCESSORY BUILDING KENNETH W. & EILEEN ROLLINGS 9 FIRDALE DR NC ACCESSORY BUILDING DEREK SAMUEL WINSOR & 168 FOREST RD NC PATIO DECK JOHN PROWSE CONTRACTING 56 FRANCIS ST - LOT 85 NC SINGLE DETACHED DWELLING GERALD RUSSELL & VERNA RUSSELL 53 GIL EANNES DR NC ACCESSORY BUILDING CARDINAL HOMES LTD 67 GLENLONAN ST, LOT 84 NC SINGLE DETACHED DWELLING ROBERT HENDRICKS 47 GRAVES ST NC ACCESSORY BUILDING GIBRALTAR DEVELOPMENT LIMITED 73 JULIEANN PL, LOT 128 NC SINGLE DETACHED DWELLING LESLEY BURGESS & MIKE KEOUGH 8 LADY ANDERSON ST NC FENCE STEAD FAST CONTRACTING 2 MARSLAND PL, LOT 60 NC SINGLE DETACHED & SUB.APT STEVE HOUNSELL 1 MARSLAND PL, LOT 47 NC SINGLE DETACHED & SUB.APT PAULINE MARY BROPHY 21 MELVILLE PL NC FENCE CHRIS WARREN 44 NAVAJO PL NC ACCESSORY BUILDING COLINDA GROUCHY 14 OAKRIDGE DR NC FENCE F. GEOFFREY AYLWARD AND 28 OXEN POND RD NC SINGLE DETACHED DWELLING PETER FITZPATRICK 10 POINT VERDE PL NC ACCESSORY BUILDING GARNET KINDERVATER LIMITED 85 RENNIE'S MILL RD NC ACCESSORY BUILDING GUARDIAN HOMES INC. 5 ROSEMARKIE ST, LOT 34 NC SINGLE DETACHED DWELLING BRIAN MOSS 590 SOUTHSIDE RD NC ACCESSORY BUILDING IAN STANLEY STANLEY'S LANE NC ACCESSORY BUILDING GEOFFREY CONNORS & 19 VENTURA PL NC ACCESSORY BUILDING DEREK E. PIKE 43 WATERFORD HTS N NC ACCESSORY BUILDING ROBERT W. & HEATHER M. BARBOUR 10 WICKHAM PL NC FENCE JOSEPH YETMAN 349 BLACKHEAD RD CR SUBSIDIARY APARTMENT KEVIN HOGAN 10 CAPPAHAYDEN ST CR SUBSIDIARY APARTMENT LEN WOODFORD 167 UNIVERSITY AVE CR SUBSIDIARY APARTMENT HERBERT PACK 31 BURRY PORT ST EX PATIO DECK WALTER FOWLER JR., WALTER 199 DOYLE ST EX ACCESSORY BUILDING RANDY YOUNG 471 EMPIRE AVE EX SINGLE DETACHED & SUB.APT COLIN EDGAR TIBBO & CAROL 5 GOODYEAR PL EX PATIO DECK GERALD S. BYRNE 48 SGT. CRAIG GILLAM AVE EX PATIO DECK JAMES & TANYA MURPHY 6 ALLAN SQ RN TOWNHOUSING TOR NAESS 3 OUTER BATTERY RD RN SINGLE DETACHED DWELLING WINSTON T. GORDON 2 BEAUMONT ST RN SINGLE DETACHED DWELLING GERALD & DOLORES MURPHY 42 BEAUMONT ST RN SEMI-DETACHED DWELLING MATTHEW LOVELESS 24 CAPE PINE ST RN SINGLE DETACHED DWELLING MORRISSETTE DENIC 50 CARRICK DR RN SINGLE DETACHED DWELLING VICTORIA ETCHEGARY 3 COMPTON PL RN SINGLE DETACHED DWELLING CHRISTOPHER LEATHER AND 163 GOWER ST RN SEMI-DETACHED DWELLING ED CRITCH 49 HUSSEY DR RN MOBILE HOME JIM TOBIN 8 KATIE PL RN SINGLE DETACHED DWELLING REGINA & PIERRE MERCIER 46 LIVERPOOL AVE RN SINGLE DETACHED DWELLING DAVID M BONNELL 39 MOSS HEATHER DR RN SINGLE DETACHED DWELLING JASON LYE 243 NEWFOUNDLAND DR RN SINGLE DETACHED & SUB.APT UPLAND HOLDINGS LIMITED 91-93 PENNYWELL RD RN APARTMENT BUILDING ERIC E. HARVEY 54 ROCHE ST RN SINGLE DETACHED DWELLING DANIEL WHIFFEN 46 ST. CLARE AVE RN SEMI-DETACHED DWELLING COLLEEN GEORGE 107 NEW COVE RD SW SINGLE DETACHED DWELLING

THIS WEEK $ 2,518,370.00 - 15 - 2010-07-13

CLASS: DEMOLITION

KELLY O'DEA 6 AVALON ST DM ACCESSORY BUILDING

THIS WEEK $ 500.00

THIS WEEK''S TOTAL: $ 5,891,331.00

REPAIR PERMITS ISSUED: 2010/07/01 TO 2010/07/07 $ 176,100.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2010-07-13/406R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the weeks ending July 1 and July 8, 2010 be approved:

Weekly Payment Vouchers For The Week Ending July 1, 2010

PAYROLL

Bi-Weekly Casual $ 49,540.85

Public Works $ 341,417.47

ACCOUNTS PAYABLE $ 2,552,075.02

Total: $ 2,943,033.34

- 16 - 2010-07-13

Weekly Payment Vouchers For The Week Ending July 8, 2010

PAYROLL

Bi-Weekly Management $ 613,992.85

Regional Fire Services $ 334,865.69

Bi-Weekly Administration $ 551,547.09

Public Works $ 700,306.80

ACCOUNTS PAYABLE $ 3,351,269.63

Tenders

a. Tender – Supply and Install Bridge and Monorail Cranes and Welding Curtains b. Tender – Road Gravel c. Tender – Open Order for Asphalt d. Tender – Small off Road Utility Vehicle e. Tender – One Color Photo Copier f. Tender – Modernization and Improvement of 19 housing units - 1987 Infill g. Tender - 2010 Sewer Improvements h. Tender – Litter Containers for Recycling (Ratification of Email Poll) OCC Outdoors @ $1625.69 (Triples) and $693.64 (Singles) (taxes not included) as per the Public Tendering Act. The low bidder, Busch Systems did not meet specifications.

SJMC2010-07-13/407R It was moved by Councillor Hann: seconded by Councillor Hickman: That the recommendations of the Director of Finance and City Treasurer and the Director of Public Works and Parks be approved and the tenders awarded as follows:

a. Vyrtell Engineering Ltd.@ $179,616.00 (HST included) b. Clarke’s Trucking @ $96,600.00 (Excluding taxes) c. Farrell’s Excavating @ $222,375.00 (Excluding taxes) d. Atlantic Trailer & Equipment @ $39,000.00 (taxes not included) - 17 - 2010-07-13

e. Pinnacle Office Solutions @ $171,421.00 (taxes not included) f. Coastal Building Products and Services Ltd. @ $680,000.00 (HST included) g. Pyramid Construction @ $ 596,809.50 h. Unanimously ratified.

Notices of Motion

a. Deputy Mayor Duff gave the following Notice of Motion:

TAKE NOTICE that I will, at the next Regular Meeting of Council, move to rescind Council’s decision of January 3, 2006, to remove the Battery Hotel site at Civic Number 100 Signal Hill Road from the Battery Development Guidelines Area.

DATED at St. John’s, NL this 13th day of July, 2010.

______Deputy Mayor Shannie Duff

Council considered a memorandum dated July 6, 2010 from the Director of Planning regarding the Battery Hotel Site-Civic Number 100 Signal Hill Road.

SJMC2010-07-13/408R It was moved by Deputy Mayor Duff; seconded by Councillor Hanlon: That City staff be directed to write the owner of the Battery Hotel to advise of the Notice of Motion before Council votes on the motion, in order to provide the owner with an opportunity to provide any written comments he may have on the issue to Council before the vote takes place.

The motion being put was unanimously carried. b. Councillor Hanlon gave the following Notice of Motion:

TAKE NOTICE that I will at the next Regular Meeting of Council move a motion to rescind the motion of June 14, 2010 to reject the application by ARCO-ADIX School of Acrobatics requesting permission to establish and operate a Private Park for an aerial arts and acrobatics school from Civic No. 413 Thorburn Road.

- 18 - 2010-07-13

DATED at St. John’s, NL this 13th day of July, 2010.

______Councillor Debbie Hanlon

Petitions

(1) Councillor O’Leary tabled a petition the prayer of which reads as follows:

“We, the undersigned, would like to bring the following problem to your attention. The Della Drive park has a basketball court directly behind residential houses that is currently being lit up 24 hours a day due to two lights in the park. In the warmer weather months there is increasing use of the basketball court until late hours of the morning, behind the park. Please accept this petition as a request for assistance with this issue.

Thank you for your assistance.”

Councillor Collins advised that a meeting will be called in regards to this issue.

(2) Councillor Tilley tabled two petitions, the prayers of which read as follows; and which are referred to the next meeting of the Cycling Master Plan Committee and the Parks and Recreation Standing Committee:

Frecker Drive

“We, the undersigned, are residents and/or homeowners in Cowan Heights who urge the municipal council to act now to retain parking on both sides on Frecker Drive and not reduce parking to one side only on Frecker Drive when implementing the new municipal cycling plan.”

Canada Drive

“It is unsafe to have only one side of the street designated for parking because Canada Drive is an extremely busy street with high traffic volumes. By having only one side designated for parking, this will have an negative effect on the households in the area. At times it will be impossible to exit/enter present driveways. By having our parking restricted it will limit visitors to our households. Presently, parking is allowed on both sides of the street and if this should alter then safety would be an issue as family/friends would have to cross the street to get to our homes. We oppose to any changes in parking on our street.”

- 19 - 2010-07-13

98 Bay Bulls Road

Council considered a memorandum dated July 9, 2010 from the City Manager regarding the above noted.

SJMC2010-07-13/409R It was moved by Councillor Collins; seconded by Councillor Hanlon: That the recommendation of the City Manager, that land at 98 Bay Bulls Road, required by the City for street upgrading, be acquired for $8,800 plus legal fees, be approved.

The motion being put was unanimously carried.

Vehicular Accident, Southern Shore Highway, Bay Bulls Big Pond

Council considered a memorandum dated July 8, 2010 from the Director of Engineering updating Council on the vehicular accident on the Southern Shore Highway, Bay Bulls Big Pond, noting that the Department of Engineering is presently conducting a review of the incident and a report arising from this review will be brought to Council upon completion. Councillor Hann suggested that the review include an assessment of highway guard rails. His Worship, Mayor O’Keefe, on behalf of Council, commended staff on the efficient manner in which they handled the situation and the outstanding communication throughout the ordeal. He also noted that water testing is continuing and in view of what happened, a barrier system will be considered. Other members of Council commended the efforts of all involved in addressing the situation.

Application for Proposed Costco Gas Bar, Stavanger Drive, Applicant Terrain Group Inc. on behalf of Costco Wholesale.

Council considered a memorandum dated July 9, 2010 from the Director of Planning regarding the above noted.

SJMC2010-07-13/410R It was moved by Councillor Breen; seconded by Councillor Hann: That the Transportation Engineer be directed to prepared the required Terms of Reference for the Traffic Impact Assessment and to provide the Terms of Reference to the Applicant, Terrain Group Inc.; and further, that when the Traffic Impact Assessment Report is completed by the applicant and reviewed by the City’s Transportation Engineer, that the report be advertised for public review in accordance with Section 5.5 of the St. John’s Development Regulations, if the results of the traffic study so warrant. - 20 - 2010-07-13

The motion being put was unanimously carried.

Email Poll Ratification – Road Closure for Quidi Vidi Village Road – July 9, 2010 July 9, 2010 Re - Place a 30 ton crane in the roadway to facilitate the placement of bridge girders for the new structure being built - street repaving in the area of the watermain replacement carried out a few weeks ago.

Council unanimously ratified the above referenced email poll.

July 2010 Economic Update

Council considered as information the July 2010 Economic Update.

In reviewing the report the Deputy Mayor mentioned the fact that the 1.1% spring vacancy rate makes it difficult for people living on a fixed income.

Councillor Hanlon asked that a letter of congratulations be forwarded Marport Deep Sea Technology Inc., a leading ocean technology company, on being ranked as Canada’s 5th fastest growing company in the 22nd annual PROFIT 100 by PROFIT Magazine.

Request from Newfoundland and Labrador Headtax Redress Organization Inc. for a reception at City Hall following the unveiling of the Chinese Head Tax Monument ceremony September 17, 2010.

SJMC2010-07-13/411R It was moved by Deputy Mayor Duff; seconded by Councillor Tilley: That a request from Newfoundland and Labrador Headtax Redress Organization Inc. for a reception at City Hall following the unveiling of the Chinese Head Tax Monument ceremony September 17, 2010, be approved.

The motion being put was unanimously carried.

Request for a $4000 contribution towards the RNC Freedom of the City Dinner on August 18th, 2010 to be held at the Delta.______

SJMC2010-07-13/412R It was moved by Councillor Galgay ; seconded by Councillor Breen: That a request for a $4000.00 contribution towards the RNC Freedom of the City Dinner on August 18th, 2010 to be held at the Delta, be approved.

The motion being put was unanimously carried. - 21 - 2010-07-13

Deputy Mayor Duff

Deputy Mayor Duff commended the Ferryland Lighthouse Picnics operators on recently receiving a major national award as the best place in Canada to have a picnic.

Deputy Mayor Duff asked the status of the public hearings on the Transportation Commission study.

Councillor Hann indicated that consultants have been hired and have started the consultation process with all major users of the transit system in the city. One public hearing has been held and a follow up report to the commission will be provided. He agreed to provide the dates and times of any further public hearings to be held on the matter as soon as they become available.

Councillor O’Leary

Councillor O’Leary expressed concerned that hospital staff are smoking in the Long Pond Trail area and indicted she would like to see more dialogue between the City and Eastern Health. She also noted that this is a safety issue common to other areas in the City as well.

Councillor O’Leary congratulated Eileen and Noel Joe who are pursuing their “Walking the Red Road” from Conne River to St. John’s as an awareness campaign and fund raiser in aid of homelessness.

Councillor Hickman

Councillor Hickman congratulated Minor Baseball on its celebration of 30 years.

Councillor Hickman noted the announcement by the Provincial Department of Tourism and Recreation of funding towards the day to day operations of the Railway Coastal Museum. He thanked staff for their efforts towards obtaining this funding.

- 22 - 2010-07-13

Councillor Hickman asked the status of the proposed expansion of the Convention Centre. The Director of Engineering advised that it is anticipated that the concept plan will be finalized by late fall.

Councillor Hann

Councillor Hann referenced a recent Telegram article concerning Council’s decision to defer review of the St. John’s Municipal Plan until completion of the new Northeast Avalon Regional Plan. He questioned the need to keep debating the matter noting that the City is moving forward in seeking information on the processes used in other Canadian Municipalities in review and preparation of their municipal plans. Councillor Colbert reminded members of Council that the decision to defer review of the Municipal Plan was not unanimous but the result of a majority vote of Council, noting that some members of Council would prefer not to delay review of the Plan. Discussion continued during which His Worship, the Mayor, pointed out that the City Plan will eventually have to be amended but the current plan works for the time being.

Councillor Breen

Councillor Breen advised of the public hearing to be held on July 21, 2010 regarding the St. John’s Long Term Care Facility proposed to be constructed at Newfoundland Drive/Janeway Place.

Councillor Tilley

Councillor Tilley advised that the next meet of the Cycling Master Plan Committee will take place on July 14, 2010.

Councillor Tilley advised that he has received calls with respect to out door fire pits/chimineas and asked that people with concerns call 311.

- 23 - 2010-07-13

Councillor Hanlon

Councillor Hanlon expressed concern relative to large transport truck traffic on Water Street and asked that the matter be referred to the Police and Traffic Committee for consideration with a review to restricting this type of traffic on Water Street.

Adjournment

There being no further business, the meeting adjourned at 5:45 p.m.

______MAYOR

______CITY CLERK

August 9, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins.

Regrets: Deputy Mayor Duff.

The City Manager; Deputy City Manager/Director of Corporate Services and City Clerk; Deputy City Manager/Director of Public Works and Parks; Director of Planning; Director of Engineering, City Solicitor; and the Recording Secretary were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-08-09/454R It was decided on motion of Councillor Tilley; seconded by Councillor Collins: That the Agenda be adopted as presented with the following additional items:

a. Memorandum dated August 6, 2010, from the Director of Engineering re: Sanitary Sewer Upgrading Project – Portugal Cove Road – McNeilly Street to New Cove Road

b. Resolution re: Freedom of the City for the Royal Newfoundland Constabulary

Adoption of Minutes

SJMC2010-08-09/455R It was decided on motion of Councillor Galgay; seconded by Councillor Hann: That the minutes of the meeting held on July 26, 2010, be adopted as presented.

Under business arising, Councillor Hann referenced his comments at the last Council meeting regarding the issue of the City moving forward with plans for an Arts Centre, and he noted that he had requested that he be provided with the list of the members who comprise the sub- committee of the Arts Advisory Committee dealing with this issue, including the groups and companies they represent, and if they represent private companies. He indicated that he has not - 2 - 2010-08-09 yet received this information, and he requested that this information be brought forward for Council’s next meeting.

Development Committee Report dated July 27, 2010

Council considered the following Development Committee Report dated July 27, 2010:

The following matters were considered by the Development Committee at its meeting held on July 27, 2010. The staff reports are attached for Council’s information.

RECOMMENDATION OF APPROVAL:

1. Proposed Residential Subdivision Eleven (11) Building Lots Deer Park Contracting Limited Halliday Place (Ward 4)

The Development Committee recommends that Council grant Approval-in-Principle to the above noted application, subject to the following conditions: a. payment of the applicable Subdivision Application Fees, Development Fees, and Civic Improvement Assessments as required under Section 6.4 of the St. John’s Development Regulations; and b. compliance with all requirements of the Departments of Engineering, Planning, and Public Works and Parks.

RECOMMENDATION OF REJECTION:

2. Crown Land Grant Referral Proposed Residential Building Lot Mr. Dwayne Earle Blackhead Road (Ward 5)

The Development Committee recommends that Council reject the above noted application as the property is not privately owned and the Committee does not recommend the development of lands which are currently Crown Lands and must be serviced by well and septic disposal systems.

Ronald Penney, Chairperson City Manager

- 3 - 2010-08-09

SJMC2010-08-09/456R It was decided on motion of Councillor Hann; seconded by Councillor Hanlon: That the Committee’s recommendations be approved.

Development Committee Report dated August 3, 2010

Council considered the following Development Committee Report dated August 3, 2010:

The following matter was considered by the Development Committee at its meeting held on August 3, 2010. The staff report is attached for Council’s information.

RECOMMENDATION OF APPROVAL:

1. Discretionary Use Application/Proposed Private Park ACRO-ADIX School of Aerobatics Ltd. Applicant: John B. Munden Civic No. 413 Thorburn Road (Ward 4))

The Development Committee recommends that the requested Private Park application for ACRO-ADIX School of Aerobatics be approved. Final Approval will be subject to the applicant providing certification from the Government Services Centre of the Province of Newfoundland and Labrador that the equipment used for the subject operation does meet structural and safety standards as required by those regulations and by-laws.

Ronald G. Penney, Chairperson City Manager

SJMC2010-08-09/457R It was moved by Councillor Hanlon; seconded by Councillor Breen: That the Committee’s recommendations be approved.

Councillor Hann advised that while he supported this application, he still had concerns regarding safety, specifically with the proximity of the operation to Thorburn Road and the potential that a child might run into the road. The City Manager indicated that as a condition of approval, the applicants must have their equipment certified by the Department of Government Services and the site may also be reviewed as part of that certification. Councillor Hanlon noted that she had visited the site several times and felt comfortable that the site was safe for children as the area around the equipment is enclosed.

The motion being put was carried unanimously.

- 4 - 2010-08-09

Special Events Committee Report dated July 30, 2010

Council considered the following Special Events Committee Report dated July 30, 2010:

The following recommendations of the Committee are forwarded to Council for approval in principle subject to any conditions that may be required by the Special Events Advisory Committee:

1) Event: Quidi Vidi 5 km Road Race Location: Quidi Vidi Lake area Date: August 15, 2010 Time: 7:45 - 9:00 am

This event requires the following road closures;

Clancey Drive, Lakeview Avenue, Carnell Drive – Northbound only The Boulevard – Carnell Drive to the Bridge at East end.

Recommendation:

It is the recommendation of the Committee that Council approve the above noted events, subject to the conditions set out by the Special Events Advisory Committee.

______Robin King, P. Eng. Chair – Special Events Advisory Committee

SJMC2010-08-09/458R It was decided on motion of Councillor Tilley; seconded by Councillor Breen: That the Committee’s recommendations be approved.

Freedom of the City – Royal Newfoundland Constabulary

His Worship the Mayor read the following Resolution regarding the Freedom of the City for the Royal Newfoundland Constabulary:

The City of St. John’s acknowledges with gratitude the outstanding contributions of the Royal Newfoundland Constabulary (RNC) to the City of St. John’s. On the 9th day of August, 2010 Mayor and Council unanimously adopted the following resolution:

- 5 - 2010-08-09

WHEREAS The Royal Newfoundland Constabulary (RNC) is the oldest civil police force in North America dating back to 1729, with the appointment of the first police constables.

WHEREAS The RNC is a modern progressive police service committed to being responsive to the needs of the community. They are involved in such initiatives as the Junior Policy Academy, Students Taking Responsibility in Violence Education (STRIVE), Drug Abuse Resistance Education (DARE), Crime Prevention for Business, Drive Wise, etc.

WHEREAS In 1979, the force had the prefix “Royal” conferred on it by Queen Elizabeth II in recognition of its long and distinguished service to Newfoundland and Labrador making it one of only six police forces in the Commonwealth to receive such an honour.

WHEREAS In 1980, the jurisdiction of the RNC was extended to various areas which had been policed by the RCMP since Confederation. In addition to the City of St. John’s, it now polices the Northeast Avalon (which includes Mount Pearl and surrounding communities), the City of Corner Brook and Labrador West.

WHEREAS In 1980, the RNC reached a significant milestone in its history by recognizing gender equality and opening its recruitment to women. Since 2005, women have accounted for approximately 40% of new recruits and today represent approximately 20% of the total number of RNC police officers.

WHEREAS The RNC has a dedicated force of 500 members. The sworn members are made up of Constables, Sergeants, Staff Sergeants, Inspectors, Superintendents, Deputy Chief and Chief.

WHEREAS The goals and objectives of the RNC continue to improve public safety and have created a positive relationship between the police and the community they protect.

THEREFORE BE IT RESOLVED that the City of St. John’s proudly confers the Freedom of the City on the ROYAL NEWFOUNDLAND CONSTABULARY.

IN WITNESS THEREOF the seal of the City of St. John’s has been affixed and this Resolution has been duly signed by His Worship, the Mayor and the City Clerk, this 9th day of August in the year 2010.

______MAYOR

______CITY CLERK

- 8 - 2010-08-09

NFLD. CHOCOLATE COMPANY 166 DUCKWORTH ST RN RETAIL STORE VILLAGE SHOPPING CENTRE(2006) THE VILLAGE-430 TOPSAIL RD RN SHOPPING CENTRE GEORGE ENGELBRENTT 409 KENMOUNT RD EX RETAIL STORE

THIS WEEK $ 1,994,334.00

CLASS: INDUSTRIAL

FARRELL'S EXCAVATING LTD. 2700 TRANS CANADA HWY NC INDUSTRIAL USE

THIS WEEK $ 20,000.00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

CLASS: RESIDENTIAL

LISA IVERS 1 ALMOND CRES NC FENCE DOUG HICKEY 45 ALMOND CRES NC PATIO DECK KEVIN TISDALL/ SHERRIE TISDAL 18 ARNOLD LOOP NC PATIO DECK TONY WILLIAMS 373-375 BACK LINE NC ACCESSORY BUILDING EDWARD & GLORIA ELLIOTT 51 BAIE VERTE ST NC ACCESSORY BUILDING NEW VICTORIAN HOMES 9 BANIKHIN PL, LOT 62 NC SINGLE DETACHED DWELLING WILLIAM DURUCHER 16 OUTER BATTERY RD NC PATIO DECK KENNETH FITZPATRICK 85 BEAVER BROOK DR NC ACCESSORY BUILDING SEAN HARDING 6 SPRUCE GROVE AVE, LOT 124 NC SINGLE DETACHED & SUB.APT KARWOOD CONTRACTING 21 SPRUCE GROVE AVE, LOT 111 NC SINGLE DETACHED DWELLING AIDEN MITCHELL & PAMELA 4 BUGLER PL NC FENCE TRUE NORTH HOMES 35 CAPE PINE ST, LOT 15 NC SINGLE DETACHED DWELLING GUY MATTHEWS 8 CARIBOU PL NC ACCESSORY BUILDING RAYMOND G. DYER AND 10 CARIBOU PL NC ACCESSORY BUILDING PROTECH CONSTRUCTION 16 CASTLE BRIDGE DR NC ACCESSORY BUILDING WILLIAM J & CHRISTINE L HEDGES 46 CASTLE BRIDGE DR NC ACCESSORY BUILDING MARTIN BAMBRICK 30 CHAFE AVE NC ACCESSORY BUILDING MICHELE STAMP 20 CONWAY CRES NC FENCE BEVERLY MERCER 68 EDISON PL NC FENCE ANAND MOHAN SHARAN 67 ENNIS AVE NC PATIO DECK MICHELLE GILLETT 3 EVERARD AVE NC SWIMMING POOL PAUL MOORE 25 FAGAN DR NC PATIO DECK SHAWN BROWN 12 FORDE DR NC PATIO DECK SHAWN MCGUIRE 17 FRANCIS ST NC ACCESSORY BUILDING SHUBAYOGA HOMES INC. 36 GALAXY CRES NC ACCESSORY BUILDING TODD SHORT AND DOROTHY SUSAN 7 GALAXY CRES NC ACCESSORY BUILDING PAUL HEDGES 28 GLENVIEW TERR NC ACCESSORY BUILDING RAY BONIA 8 GLOVER PL NC ACCESSORY BUILDING PATRICK & RAMONA MARTRET 86 HARRINGTON DR NC FENCE KEITH SOPER 103 HIGHLAND DR NC PATIO DECK MATTHEW POWELL AND 73 HOPEDALE CRES NC FENCE DANNY DINN 24 HOWLETT'S LINE NC ACCESSORY BUILDING FAIRVIEW INVESTMENTS LIMITED 26 ICELAND PL, LOT 9 NC SINGLE DETACHED DWELLING MARK WILSON & TASHA REID 14 JAMIE KORAB ST NC PATIO DECK THELMA BLACKWOOD 30 JENNMAR CRES NC ACCESSORY BUILDING GERALD COUGHLAN 2 LAGGAN PL, LOT 61 NC SINGLE DETACHED DWELLING JOSHUA MERCER 55 LESLIE ST NC PATIO DECK CARL PENNEY 7 LONG BEACH ST NC FENCE MICHAEL & CYNTHIA TAYLOR 5 MACLAREN PL NC FENCE KIMBERLY HOWLETT MAIN RD NC SINGLE DETACHED DWELLING LIAM KELLY 47 MARK NICHOLS PL NC ACCESSORY BUILDING CATHERINE SNOW 14 MAYOR AVE NC PATIO DECK JOHN SNOW 14 MAYOR AVE NC FENCE MICHEL & REETA TREMBLAY 30 MONKSTOWN RD NC PATIO DECK ELIZABETH A. CALLAHAN 10 MORRIS AVE NC PATIO DECK - 9 - 2010-08-09

WALTER & CHARLOTTE DINHAM 66 NAVAJO PL NC PATIO DECK FAISAL RASHID 334 NEWFOUNDLAND DR NC ACCESSORY BUILDING TERRY FOLLETT 48 NEWMAN ST NC ACCESSORY BUILDING TERRY FOLLETT 48 NEWMAN ST NC FENCE EDGAR GAULTON & MARY WYSE 107 NEWTOWN RD NC FENCE TRAVIS RICHARDS 7 OSBOURNE ST NC PATIO DECK CLARE MURPHY 55 PARADE ST NC SEMI-DETACHED DWELLING GLEN PUTT PARK LANE NC SINGLE DETACHED DWELLING EUGENE MCDONALD 19 PETITE FORTE DR NC ACCESSORY BUILDING PAUL & SUSAN COSTELLO 12 PITCHER'S PATH NC SINGLE DETACHED DWELLING EDWARD WHITE 114 PLEASANT ST NC SEMI-DETACHED DWELLING PAUL WHITE 114 PLEASANT ST NC SEMI-DETACHED DWELLING LINDSEY ANDREWS 8 PLOVER ST NC FENCE MARY GIN 14 PLOVER ST NC ACCESSORY BUILDING RUSSELL WANGERSKY & 119 QUIDI VIDI RD NC FENCE CARDINAL HOMES LTD ROSEMARKIE ST, LOT 32 NC SINGLE DETACHED DWELLING ED PIKE 4 RUSS HOWARD ST NC FENCE KEITH BURKEMAN BUTLER & 8 ST. ANDREW'S PL NC ACCESSORY BUILDING AMBROSE FOLEY, LUCY FOLEY & 13 ST. SHOTTS PL NC ACCESSORY BUILDING ERCO HOMES 77 SHORTALL ST, LOT 69 NC SINGLE DETACHED DWELLING SEAN HANRAHAN AND 40 SMITHVILLE CRES NC ACCESSORY BUILDING LORETTA LANNON 12 SPRUCEDALE DR NC ACCESSORY BUILDING HAYWARD MORGAN 547 TOPSAIL RD NC PATIO DECK IAN AUSTIN AND PAULA AUSTIN 226 TORBAY RD NC FENCE LINDA YOUNG 44 TORNGAT CRES NC FENCE EVAN RYAN 51 VISCOUNT ST NC SWIMMING POOL SEAN MURRAY AND 155 ELIZABETH AVE CC SINGLE DETACHED DWELLING GARY SQUIRES/PAULA NOFTALL 12 CAPE PINE ST CR SUBSIDIARY APARTMENT ALLAN KWABIAH AND 283 ELIZABETH AVE CR SINGLE DETACHED & SUB.APT YU ZHOU 38 NAVAJO PL CR SUBSIDIARY APARTMENT WILLIAM SMITH 49 OTTER DR CR SUBSIDIARY APARTMENT GARY WALSH & JANET OSMOND 28 CONNORS AVE EX SINGLE DETACHED DWELLING DAVID PETERS 3 RODNEY ST EX SINGLE DETACHED DWELLING GERARD & HATTIE M. NEWMAN 28 TREPASSEY PL EX SINGLE DETACHED DWELLING FRANK D. & JOANNE B. CAG 15 ANGEL PL RN TOWNHOUSING MARY TAPPER 36 BANNERMAN ST RN SEMI-DETACHED DWELLING DAWN DOOLEY 52 BARNES RD RN SEMI-DETACHED DWELLING ERNEST A. & KAREN STAPLETON 8 BAVIDGE ST RN SINGLE DETACHED DWELLING GLENN PIERCEY 2 BEECH PL RN SINGLE DETACHED DWELLING RAYMOND G. DYER AND 10 CARIBOU PL RN SINGLE DETACHED DWELLING KENNETH & LORRAINE TOBIN 47 CARRICK DR RN SINGLE DETACHED DWELLING RICK SMITH/M.A. WOODWORTH 139 CASEY ST RN SEMI-DETACHED DWELLING DONALD HARTERY 30 CONWAY CRES RN SINGLE DETACHED DWELLING CRAIG HOGAN 144 EASTBOURNE CRES RN SINGLE DETACHED DWELLING DENNIS J. & YVONNE M. HARTLEY 10 FERMEUSE ST RN SINGLE DETACHED DWELLING PATRICIA RIDGLEY 48 FRANKLYN AVE RN SINGLE DETACHED DWELLING FAIRVIEW INVESTMENTS LIMITED 50 GOLD MEDAL DR RN SINGLE DETACHED DWELLING MATTHEW DELRIZZO 8 JAMES LANE RN SINGLE DETACHED DWELLING RON POPE 10 JOHN ST RN TOWNHOUSING KEVIN NORMAN 13 LIONS RD RN SINGLE DETACHED & SUB.APT BARRY & BRENDA FORDHAM 73 LOGY BAY RD RN SINGLE DETACHED DWELLING TRAVIS RICHARDS 7 OSBOURNE ST RN SINGLE DETACHED DWELLING CATHY MATTIAS 159 QUEEN'S RD RN TOWNHOUSING DR. ANDREW/MRS. LORRAINE MAJOR 4 ROCHE ST RN SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 2 SOLDIER CRES RN SINGLE DETACHED DWELLING CORY & PAULA ROWSELL 322 SOUTHERN SHORE HWY RN SINGLE DETACHED DWELLING CHRISTOPHER SQUIRES 2 SUMMER ST RN SINGLE DETACHED DWELLING ANNETTE STAPENHORST 20 VICTORIA ST RN TOWNHOUSING AYACHAK MISRA 45 BAIRD PL SW SINGLE DETACHED & SUB.APT HERB BANFIELD 16 COOK ST SW TOWNHOUSING PHYLLIS TAYLOR 33 CORNWALL AVE SW SINGLE DETACHED DWELLING MATTHEW J. BENSON 67 CORNWALL CRES SW SINGLE DETACHED DWELLING JUNIOR BRINSON 265 FRESHWATER RD SW SINGLE DETACHED DWELLING JOHN FUREY & 23 MOUNT CASHEL RD SW SINGLE DETACHED DWELLING DAVID & LISA THOMPSON 91 RENNIE'S MILL RD SW SINGLE DETACHED DWELLING - 10 - 2010-08-09

KEITH BURKEMAN BUTLER & 8 ST. ANDREW'S PL SW SINGLE DETACHED DWELLING MITCHELL A. DROVER & \8 VINNICOMBE ST SW SINGLE DETACHED & SUB.APT

THIS WEEK $ 4,006,219.00

CLASS: DEMOLITION

BILL EVANS 242 NEW PENNYWELL RD DM SINGLE DETACHED DWELLING ANN MCDONALD 144 OLD BAY BULLS RD DM SINGLE DETACHED DWELLING SHARON CAVE 17 PLANK RD DM SINGLE DETACHED DWELLING BRENT SMITH 166 DUCKWORTH ST DM MIXED USE 11239 NEWFOUNDLAND LTD 77 BLACKMARSH RD DM MIXED USE PIPER SUPER STORE 33-37 ELIZABETH AVE DM OTHER POWDERHOUSE HILL INVESTMENTS 344 DUCKWORTH ST DM COMMUNICATIONS USE

THIS WEEK $ 352,200.00

THIS WEEK''S TOTAL: $ 6,372,753.00

REPAIR PERMITS ISSUED: 2010/07/22 TO 2010/08/04 $ 432,633.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2010-08-09/461R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the weeks ending July 29 and August 6, 2010, be approved:

Weekly Payment Vouchers For The Week Ending July 29, 2010

PAYROLL

Public Works $ 360,406.05

Bi-Weekly Casual $ 169,185.39 - 11 - 2010-08-09

ACCOUNTS PAYABLE $ 3,794,969.39

Total: $ 4,324,560.83

Weekly Payment Vouchers For The Week Ending Aug 6, 2010

PAYROLL

Public Works $ 422,330.77

Regional Fire Services $ 596,880.19

Bi-Weekly Management $ 593,589.41

Bi-Weekly Administration $ 694,431.15

ACCOUNTS PAYABLE $ 1,128,644.40

Tenders a. Supply of Road Salt b. Two (2) Tandem Snow Plow Brine Sanders

SJMC2010-08-09/462R It was decided on motion of Councillor O’Leary; seconded by Councillor Collins: That the recommendations of the Director of Finance and City Treasurer be approved and the tenders be awarded as follows: a. The tender for Supply of Road Salt was awarded to the lowest bidder meeting specifications, A. Harvey & Co. @ $ 95.09 Tonne (Pick up form Dock) or $97.35 Tonne (Delivered to Depot) as per the Public Tendering Act.

- 12 - 2010-08-09 b. The tender for Two (2) Tandem Snow Plow Brine Sanders was awarded to the lowest bidder meeting specifications, Western Star Trucks @ $ 662,190.00 as per the Public Tendering Act. (Taxes not included.)

Correspondence

2010 Retaining Wall Program

Council considered a memorandum dated August 5, 2010, from the Director of Engineering regarding the above noted matter.

SJMC2010-08-09/463R It was moved by Councillor Breen; seconded by Councillor Hanlon: That the recommendation of the Director of Engineering be approved and that the following list of retaining walls be repaired under the 2010 Retaining Wall Program:

RETAINING WALL REHABILITATION Hamilton Avenue – Civic No. 182-186 Gulliver Place Cul-de-sac Patrick Street – Civic No. 145 McKay Street – Adjacent to Civic No. 13 Richmond Street Duckworth Street – Adjacent to Anglican Cathedral Gower Street – Church Hill to Cathedral Street Knight Street – Civic No. 8

PROVISIONAL RETAINING WALL REHABILITATION Battery Road @ Cabot Avenue Hipditch Hill – Civic No. 17 Hill O’Chips Long’s Hill – South Side Cousens Place – Cyril J. Abery Memorial Park Southside Road – Guiderail East of Civic No. 220

The motion being put was carried unanimously.

Request for Waiver of Fees – Stella Burry Community Services – Carew Lodge Expansion

Council considered a memorandum dated July 26, 2010, from the Director of Building and Property Management regarding the above noted matter.

SJMC2010-08-09/464R It was decided on motion of Councillor Galgay; seconded by Councillor Hanlon: That the request from Stella Burry Community Services for a waiver of the permit and development fees for the Carew Lodge Expansion Project be approved.

- 13 - 2010-08-09

August 2010 Economic Update

Council considered as information the August 2010 Economic Update.

Mayor O’Keefe advised that he had met with the new President of Exxon Mobil, Meg O’Neill and Paul Leonard, President of the Hibernia Management and Development Company. He noted that Mr. Leonard is originally from Newfoundland and recently returned from Houston to take up his new position. Mayor O’Keefe noted that the relocation of Exxon Mobil’s head office to the City of St. John’s bodes well for the oil and gas industry in the Province.

Letter from the Honourable Keith Ashfield, Minister for the Atlantic Canada Opportunities Agency Acknowledging Mayor O’Keefe’s Letter of Support for the Enhancement of the St. John’s International Airport

Council considered as information the above noted letter from Minister Ashfield to His Worship the Mayor.

Councillor Collins

▪ Councillor Collins noted that a meeting was held with area residents regarding the Della Drive Basketball Court. A number of things have been done to address the situation including the installation of signage and additional lighting. He indicated that the situation will be monitored and no further action will be taken for the time being.

▪ Councillor Collins referenced the future Municipal Plan Review and he requested that staff take a look at the Blackhead Road area relative to the existing zoning and future development of the area.

Councillor Hanlon

▪ Councillor Hanlon tabled a memorandum dated August 6, 2010, from the Director of Engineering re: Sanitary Sewer Upgrading Project – Portugal Cove Road – McNeilly Street to New Cove Road. She noted that in March 2010, there was extensive flooding in this area. As a result, a study was completed which identified two main issues: (a) there is a capacity problem in the existing sanitary sewer main in this section of Portugal Cove Road; and (b) the existing storm sewer main extends only partially along this - 14 - 2010-08-09

section of Portugal Cove Road. In order to address these problems, immediate remedial work is required at an estimated cost of $1,170,000. The City has requested that the sanitary sewer component of the work be funded through cost-sharing of $700,000 in the Province’s 2011-2014 Multi-Year Capital Program.

SJMC2010-08-09/465R

It was decided on motion of Councillor Hanlon; seconded by Councillor Breen: That the recommendation of the Director of Engineering be accepted as follows:

1. that the sanitary sewer main in the section of Portugal Cove Road between McNeilly Street and New Cove Road be upgraded to 300 mm in diameter;

2. that a storm sewer main be installed beneath the upgraded sanitary sewer main; and

3. that the section of existing storm sewer in Portugal Cove Road between McNeilly Street and New Cove Road be lowered.

It is further recommended, given the frequency of the flooding of properties that has occurred and the likelihood of additional sewage back-up incidents, that this project be funded immediately, and that the $700,000 which has been included in the 2011- 2014 Multi-Year Capital Program request to the Province be reallocated to another project if the Multi-Year Program is approved.

Councillor Tilley

▪ Councillor Tilley referenced the recent Royal St. John’s Regatta and he noted that it was a hugely successful and well attended event. He requested that the Mayor write a letter of congratulations to the Committee.

▪ Councillor Tilley referenced a letter to the editor in the weekend edition of The Telegram regarding the state of the exterior façade of City Hall. In this regard, he requested that the Director of Building and Property Management provide a report on the cost to enhance and improve the exterior façade of City Hall.

Councillor Galgay

▪ Councillor Galgay noted that the Newfoundland and Labrador Folk Festival took place this weekend and was very well attended. He congratulated the organizers on their - 15 - 2010-08-09

efforts.

▪ Councillor Galgay offered his congratulations to the Royal Newfoundland Constabulary on being awarded the Freedom of the City. He noted that the parkette on the intersection of Queen’s Road and Long’s Hill will soon be home to a commemorative statute of an RNC Officer.

Councillor Colbert

▪ Councillor Colbert referenced the recent public hearing held to discuss an application for a condominium development on New Cove Road, and he noted that the residents had expressed concerns about the traffic situation. He indicated that the realignment of Portugal Cove Road/New Cove Road intersection was also discussed at that meeting in terms of how it would help alleviate the current traffic problems. The commencement of the realignment project had been delayed until Newfoundland Power was able to begin relocation of the utility poles. Councillor Colbert inquired about the anticipated completion date for the realignment of the New Cove Road/Portugal Cove Road intersection. In response, the Director of Engineering advised that Newfoundland Power started their work at the end of July and the relocation of the utility poles is scheduled for this week. Therefore, it is anticipated that the base coat of asphalt should be down by October.

Councillor Hann

▪ Councillor Hann noted that the 26th Annual St. John’s Triathlon was held this week, and it has become such a successful event that it is now the largest event of its kind in Atlantic Canada.

▪ Councillor Hann congratulated the organizers of the Folk Festival on a successful event, noting that this year’s event was record breaking in terms of attendance. He noted that the organizers worked with City staff to relocate some of the performance tents to allow for increased capacity.

- 16 - 2010-08-09

Councillor Hickman

▪ Councillor Hickman referenced the St. John’s Time program, noting that all of the festivals were well attended and a big draw for visitors.

▪ Councillor Hickman congratulated the Royal St. John’s Regatta Committee on the success of the Regatta.

▪ Councillor Hickman offered his congratulations to the Blackhorse Ball Hockey Team on its performance at the Canadian Ball Hockey Championships. He noted that the 2013 World Ball Hockey Championships are slated to take place in St. John’s.

▪ Councillor Hickman advised that Canadian Geographic Magazine is running a capital cities photo contest, and he encouraged residents to submit their photos of St. John’s to www.canadiangeographic.ca

Councillor O’Leary

▪ Councillor O’Leary congratulated the organizers of the Buskers Festival, the Folk Festival, and the St. John’s Regatta on the success of their events.

▪ Councillor O’Leary congratulated the Royal Newfoundland Constabulary on being awarded the Freedom of the City. Regarding the parkette on Gower Street/Queen’s Road, she noted that there is a visibility issue for cars when turning onto Gower Street from Queen’s Road, possibly due to there being one too many parking spaces on Gower Street. She asked that this matter be referred to the Police and Traffic Committee for investigation.

▪ Councillor O’Leary noted that she had recently inquired about the status of the Fire Department’s Learn Not To Burn Program, and the Director of Regional Fire Services has advised that the program was reviewed earlier this year. The program has been - 17 - 2010-08-09

enhanced and will be returning to schools in the fall.

▪ Councillor O’Leary referenced the earlier discussion about an Arts Centre for the City, and she noted that there was some confusion as to whether the City was moving forward with plans for such a centre. She noted that she is very supportive of having a dedicated arts centre in the City and would be interested in hearing any further updates on the matter.

▪ Councillor O’Leary congratulated St. Patrick’s Church receiving funding from the Federal Government for renovations to the church.

Mayor O’Keefe

▪ Mayor O’Keefe announced that as a result of winning a bet between himself and Mayor Randy Simms on the outcome of this weekend’s Senior Baseball Championships, the City of St. John’s flag would be flying over Mount Pearl City Hall for one week and Mayor Simms will wear the St. John’s Team’s baseball jersey at the next Mount Pearl Council meeting.

Adjournment

There being no further business, the meeting adjourned at 5:15 p.m.

______MAYOR

______CITY CLERK August 23, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided

There were present also: Deputy Mayor Duff; Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins

The City Manager, Deputy City Manager/Director of Corporate Services and City Clerk; Acting Director of Public Works and Parks; Acting Director of Planning, Acting Director of Engineering, City Solicitor and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-08-23/466R It was decided on motion of Councillor Collins; seconded by Deputy Mayor Duff: That the Agenda be adopted as presented with the following additional items:

a. Email dated August 14, 2010 from a Tourist from Alberta citing St. John’s as “the place to be”

b. Email dated August 20, 2010 from Ray Cox, 48 Quidi Vidi Road thanking staff on their response to a sewer backup situation

c. Memorandum dated August 16, 2010 from the Director of Engineering re Pippy Place Storm Sewer Replacement Project

Adoption of Minutes

SJMC2010-08-23/467R It was decided on motion of Councillor Breen; seconded by Councillor Hanlon: That the minutes of the August 9th, 2010 meeting be adopted as presented.

- 2 - 2010-08-23

Business Arising

Artists Infrastructure Committee

Under business arising, Council considered as information a memorandum dated August 11, 2010 from Councillor Hickman to Councillor Tom Hann regarding the Artists Infrastructure Committee.

Proposed Rezoning of Property - #154 Freshwater Road Applicant: Freshwater Development Ltd.

Under business arising, Council considered a memorandum dated August 19, 2010 from the Director of Planning regarding the above noted.

SJMC2010-08-23/468R It was moved by Councillor Galgay: seconded by Councillor Hanlon: That decision on the proposed rezoning of the property at #154 Freshwater Road be deferred for the present time as per the request of the property owner.

Councillor Galgay noted that if a revised application is submitted to the City in the future it will be subject to the public meeting process.

The motion being put was unanimously carried.

Properties on Water Street between Bishop’s Cove and Steer’s Cove

Under business arising, Council considered a memorandum dated August 20, 2010 from the Director of Planning regarding the above noted.

SJMC2010-08-23/469R It was moved by Councillor Galgay; seconded by Councillor Hann: That the following Resolutions for St. John’s Municipal Plan Amendment Number 85, 2010 and St. John’s Development Regulations Amendment Number 489, 2010 be adopted; and further that Mr. Stan Clinton, a member of the City’s commissioner list, be appointed as the commissioner to conduct a public hearing on the amendments; the proposed date for the hearing being September 15, 2010.

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RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT AMENDMENT NUMBER 85, 2010

WHEREAS the City of St. John’s wishes to make provision for the development of buildings with greater building height and building bulk in the block of land located on the south side of Water Street between Bishop’s Cove and Steer’s Cove and to remove this area from the Heritage Area.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendments to the St. John’s Municipal Plan pursuant to the provisions of the Urban and Rural Planning Act.

1. Modify Map III – 2 – “Downtown Building Control” by adding the properties in the block of land on the south side of Water Street between Bishop’s Cove and Steer’s Cove as an area allowing greater building height and building bulk as shown more particularly on the attached plan.

2. Modify Map III – 3 – “Heritage Area” by removing the properties in the block of land located on the south side of Water Street between Bishop’s Cove and Steer’s Cove from the Heritage Area as shown more particularly on the attached plan.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 23rd day of August, 2010.

I hereby certify that this Amendment has been prepared in ______accordance with the Urban and Rural Planning Act, 2000.

Mayor

______

City Clerk

MCIP

Provincial Registration

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RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 489, 2010

WHEREAS the City of St. John’s wishes to make provision for the development of buildings with greater building height and building bulk in the block of land located on the south side of Water Street between Bishop’s Cove and Steer’s Cove and to remove this area from the Heritage Area.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map and text amendments to the St. John’s Development Regulations pursuant to the provisions of the Urban and Rural Planning Act.

3. Modify Section 3, Map E – “Heritage Areas” by removing the properties in the block of land located on the south side of Water Street between Bishop’s Cove and Steer’s Cove from the boundaries of Heritage Areas 2 and 3 as shown more particularly in the attached plan.

4. Modify Section 3, Map F - “Downtown Building Control” by adding the properties in the block of land on the south side of Water Street between Bishop’s Cove and Steer’s Cove as an area allowing greater building height and building bulk as shown more particularly on the attached plan.

5. Create a new Zone to be referenced as the “Commercial Central Retail – Water Street West (CCR-Water Street West) Zone” with the following requirements:

“Commercial Central Retail – Water Street West (CCR – Water Street West) Zone.

Purpose of this Zone: This zone shall apply to the properties on the south side of Water Street located between Bishop’s Cove and Steer’s Cove.

(a) Permitted Uses – all Uses permitted in the Commercial Central Retail (CCR) Zone.

(b) Discretionary Uses – all Uses referenced as Discretionary Uses in the Commercial Central Retail (CCR) Zone.

(c) Zone Requirements

(i) Floor Area Commercial (minimum) Not less than one (1) storey of the Building shall be used exclusively for one or more of the following uses – Retail Store, Bank, Service Shop, Eating Establishment, Tavern, Place of Amusement, Place of Assembly and such a Commercial Storey shall be at the approximate elevation of the adjoining portion of Water Street.

(ii) Building Height (maximum) 15 metres

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(iii) Floor Area Ratio (maximum) 3.0

(iv) Building Line (minimum) All Buildings situated on Water Street shall be built on the Street Line, except for entrances to an arcade or a pedestrian court with a width not exceeding 6 metres, measured along a line parallel to Water Street.

(v) Additional Building Height and Floor Area Ratio Notwithstanding subsections (ii) and (iii), Council may, at its discretion, allow Buildings to a maximum Building Height of 40 metres and a maximum Floor Area Ratio of 5.0, provided:

1. Any part of a Building exceeding 15 metres in height shall be set back a minimum distance of 8 metres from the Street Line of Water Street; 2. Notwithstanding subsection (1) above, any part of a Building at Civic Number 351 Water Street commonly referred to as the former Woolworths Store site, exceeding 15.5 metres in height, shall be set back a minimum distance of 4 metres from the Street Line of Water Street and any part of the Building exceeding 16 metres in height shall be set back a minimum distance of 8 metres from the Street Line of Water Street.

(d) Council must approve the building elevations for all new Buildings and Council must approve the building elevations for all renovations to the building envelopes of existing Buildings.”

4. Rezone the properties in the block of land located on the south side of Water Street between Bishop’s Cove and Steer’s Cove from the Commercial Central Retail (CCR) Zone to the Commercial Central Retail – Water Street West (CCR – Water Street West) Zone as shown on Map Z – 1A attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed I hereby certify that this Amendment has been prepared in and this Resolution has been signed by the Mayor and accordance with the Urban and Rural Planning Act, 2000. the City Clerk on behalf of Council this 23rd day of August, 2010. ______MCIP Mayor ______City Clerk ___ Provincial Registration

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The motion being put was unanimously carried. Proposed Rezoning of Properties, Civic Numbers 46 to 100 Old Bay Bulls Road

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Under business arising, Council considered a memorandum dated August 19, 2010 from the Director of Planning regarding the above noted.

SJMC2010-08-23/470R It was moved by Councillor Collins; seconded by Councillor Tilley: That the following Resolutions for St. John’s Municipal Plan Amendment Number 83, 2010 and St. John’s Development Regulations Amendment Number 485, 2010 be adopted; and further that Mr. Glenn Barnes, a member of the City’s commissioner list, be appointed as the commissioner to conduct a public hearing on these amendments; the proposed date for the hearing being September 22, 2010.

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 83, 2010

WHEREAS the City of St. John’s wishes to recognize the recent installation of municipal water and sewer services along the properties Civic Numbers 46 – 100 Old Bay Bulls Road.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan in accordance with the provisions of the Urban and Rural Planning Act, 2000:

Redesignate the properties from Civic Numbers 46 Old Bay Bulls Road to Civic Number 100 Old Bay Bulls Road from the Rural District to the Residential Low Density District as shown on Map III – 1A attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 23rd day of August, 2010.

______

Mayor I hereby certify that this Amendment has been prepared in ______accordance with the Urban and Rural Planning Act, 2000.

City Clerk

Provincial Registration

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RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 485, 2010

WHEREAS the City of St. John’s wishes to recognize the recent installation of municipal water and sewer services along the properties at Civic Numbers 46 – 100 Old Bay Bulls Road.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations pursuant to the provisions of the Urban and Rural Planning Act.

Rezone the properties from Civic Numbers 46 Old Bay Bulls Road to Civic Number 100 Old Bay Bulls Road from the Rural Residential Infill (RRI) Zone to the Residential Low Density (R1) Zone as shown on Map Z-1A attached

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this 23rd day of August, 2010.

______I hereby certify that this Amendment has been prepared in Mayor accordance with the Urban and Rural Planning Act, 2000.

______

City Clerk

Provincial Registration MCIP

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The motion being put was unanimously carried.

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Exterior Façade of City Hall

Under business arising, Councillor Tilley indicated that the cost to enhance the exterior façade of City Hall will be significant, however, the matter will be considered during 2011 budget discussions.

Committee Reports

Council considered the following Development Committee Report dated August 10, 2010:

RECOMMENDATION OF APPROVAL:

1. Change of Non-Conforming Use Application Proposed Name Change for Existing Occupancy Soothe Beauty and Facial Bar Inc. Civic No. 22 St. Joseph’s Lane (Ward 2)

The Development Committee recommends that Council approve the change of name and ownership of the existing non-conforming spa within the condominium building at Civic No. 22 St. Joseph’s Lane.

2. Proposed Reconstruction of Single Detached Dwelling Replacement of Dwelling on Non-Conforming Lot Mr. Scott Mansfield Civic No. 68 Gillies Road (Ward 4)

The Development Committee recommends that the above noted application be approved as a replacement of non-conforming in accordance with Section 7.12.1(c) of the Development Regulations subject to the following conditions: a. Government Services Approval Certificate for the well and septic field/system; b. compliance with the requirements of the Departments of Planning and Engineering; and c. the required building permits must be obtained from Access St. John’s prior to the commencement of any development on the site. A house location plan and elevation drawings are to be submitted with the building application.

3. Proposed Residential Subdivision Mr. Richard Gibbon Gibbon’s Property – Connolly’s Lane/Valleyview Road (Ward 5)

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The Development Committee recommends that the above noted application be granted Approval-in-Principle, subject to the following conditions: a. payment of the applicable Subdivision Application Fees, Development Fees and Civic Improvement Assessments as required under Section 6.4 of the St. John’s Development Regulations; and b. compliance with all requirements of the Departments of Engineering, Planning and Public Works and Parks.

Ronald G. Penney, Chairperson City Manager

(Councillor Hanlon abstained from discussions on Item #2 (Civic No. 68 Gillies Road) due to a conflict of interest).

SJMC2010-08-23/471R It was moved by Councillor Hann; seconded by Councillor Breen: That the Committee’s recommendations pertaining to Item #2 be approved.

The motion being put was carried with Councillor Hanlon abstaining.

SJMC2010-08-23/472R It was moved by Councillor Hann; seconded by Councillor Hanlon: That Items 1 and 3 be approved as presented.

The motion being put was unanimously carried.

Public Works & Environment Standing Committee Report dated August 10, 2010

Council considered the following Public Works & Environment Committee Report dated August 10, 2010:

In Attendance: Councillor Sandy Hickman, Chairperson Councillor Danny Breen Councillor Tom Hann Councillor Frank Galgay Councillor Bruce Tilley Councillor Sheilagh O’Leary Ron Penney, City Manager Paul Mackey, Director of Public Works & Parks Dave Blackmore, Director of Building & Property Management Walt Mills, Director of Engineering Bob Bursey, City Solicitor

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Nathan Barrett, Acting Director of Finance Jim Clarke, Manager of Streets & Parks Jason Sinyard, Manager of Waste Management Jason Phillips, Acting Manager of Environmental Services Dave Crowe, Acting Operations Assistant – Parks Karen Chafe, Recording Secretary

1. East End Odour Problem The Committee considered a memo dated June 27th, 2010 from the Manager of Waste Management addressing the reports of occasional odours in areas of the City’s East End. The landfill is one possible odour source as well as other facilities in the vicinity of the landfill such as the chicken production facility, an industrial painting operation and an industrial park that handles oil and septic sludge.

The above-noted staff memo makes the following points:

A tremendous amount of remedial work has been done to bring RHB up to modern landfill standards such as the compacting and burying of waste and the installation of a gas recovery system. If the Landfill is a source of the odour, from the complaints received it appears that primarily it is not from the exposed garbage but rather from the LFG. The consulting engineers responsible for the LFG system have recently rebalanced the gas wells to ensure optimal gas extraction and destruction at the flare. Surface gas monitoring of the landfill site is ongoing to determine if any other operational improvements may be undertaken to reduce gas emissions. On site air samples were analyzed and the LFG constituents were found to be well below all exposure limits associated with adverse health effects. Generally, in LFG the gas components are sufficiently low and diluted when the gas reaches the atmosphere so as to not pose a threat to landfill operators or nearby residents. However, these compounds are odorous at low concentrations. Despite the above-noted assurances, Councillor Breen referenced the many calls and e- mails he has received from residents of the East End, a sampling of which were included in the agenda. The problem appears to have gotten worse over the past year or so and residents are becoming increasingly frustrated with the perceived lack of action by the City. Councillor Breen stressed the importance of the City’s taking immediate action on this matter as residents can no longer enjoy their properties, particularly their gardens and decks. Staff assured that the problem is of high priority, and they further noted the difficulty with trying to track various and transient odours which occur in different areas and at different times. One common complaint by residents was that the problem is most prevalent during days with the ceiling is low. Investigation of this matter remains ongoing.

The Deputy City Manager/Director of Public Works & Parks advised that a consultant will be hired to investigate the odour problem to determine its source(s) as well as alternative solutions. The Committee agrees with the course of action proposed.

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2. Proposed Staff/Resource Increase to Address Litter/Property Standards Issues Councillors O’Leary and Hickman referenced numerous problems regarding the proliferation of garbage, litter, graffiti and general property conditions in and around the City of St. John’s. They felt that the City should be more proactive in its approach to these issues. Concerns, however, were expressed about the City’s limiting ticket authority which does not permit immediate ticketing for such infractions, but rather a notification process which gives owners the opportunity to comply, 75% of whom do fix the problem. Budgetary priorities also constrict the extent of enforcement that can be done though the City does receive and act upon thousands of complaints on a yearly basis.

The Committee requests that the Director of Building & Property Management review the costs associated with hiring additional staff to deal specifically with the enforcement of the property standards and litter by-laws. Once this information is provided, the Committee will review its options.

3. Proposed Meeting with Eastern Health re: Smoke-Butt Litter Councillor O’Leary referenced a meeting she had with Ms. Vicki Kaminski, CEO of Eastern Health, regarding the proliferation of smoke-butt litter and how the City and Eastern Health may work together to resolve the problem.

The Committee recommends that the CEO of Eastern Health, Ms. Vicki Kaminski be invited to meet with Council during a future special meeting to discuss and resolve problems associated with Eastern Health’s no-smoking policy outside its facilities. Specifically, the Committee would like to discuss how this policy has resulted in the proliferation of smoke-butt litter on public land, particularly public walking trails.

4. Repair of Water Lateral Leaks – Owner Occupied Residences The Committee considered a memo dated August 5th, 2010 regarding a background report prepared by Brendan O’Connell, Manager of Environmental Services. The Committee on motion of Councillor Hann; seconded by Councillor Breen endorses the recommendations of staff outlined below and recommends Council’s approval:

To address the concerns about the loss of treated water and public safety hazards, the following measures are recommended for the repair of water lateral leaks for owner-occupied residences: i. The City turn off the water supply if the owner does not make the required repairs following reasonable notice (notice period will depend on the circumstances). ii. In the case of a public safety hazard, the City may turn off the water supply immediately if the owner refuses to make an immediate repair or is unable to be contacted.

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iii. Where it becomes necessary for the City to turn off the water supply, service will be restored after the owner has repaired the leak and paid all costs incurred by the City to turn off the water including excavation (if required). iv. The City offer to make payment arrangements with the homeowner for the $500 lateral repair fee with terms acceptable to the Finance Department.

5. Service Evaluation Survey Results The Committee considered as information the service evaluation survey results for the period April – June 2010, as attached.

Councillor Sandy Hickman Chairperson

SJMC2010-08-23/473R It was moved by Councillor Hickman; seconded by Councillor Breen: That the Committee’s recommendations be approved.

Regarding Item #2, Councilor Hann, though supporting the intent of the recommendation, expressed concern relative to the cost associated with hiring additional staff to deal with enforcement of property standards issues. It was noted that the costing will be provided by the Director of Building and Property Management and referred to the 2011 budget discussions at which time Council will make a decision on whether to support the additional hiring.

Regarding Item #4 – Councillor Colbert asked that the recommendation be deferred and referred back to the Committee for more clearly defined wording, specifically, the recommendation should state that the homeowner will be advised that the City will carry out the lateral work with the City offering a payment arrangement with the homeowner; and secondly; that the recommendation reflect the impact the proposed recommendation will have on non-owner occupied residences. Council concurred.

Following discussion, the report was adopted as presented with the exception of Item #4 which was referred back to the Committee for clarification.

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Parks and Recreation Committee Report dated August 11, 2010

Council considered the following Parks and Recreation Committee Report dated August 11, 2010:

In Attendance: Councillor Bruce Tilley, Acting Chairperson Councillor Wally Collins Councillor Sheilagh O’Leary Councillor Sandy Hickman Councillor Gerry Colbert Ron Penney, Chief Commissioner & City Solicitor Paul Mackey, Deputy City Manager/Director of Public Works & Parks Jill Brewer, Director of Recreation Dave Blackmore, Director of Building & Property Management Nathan Barrett, Acting Director of Finance & City Treasurer Jim Clarke, Manager of Streets & Parks Heather Hickman, Manager – Community Development Tanya Haywood, Manager – Facilities Division Natalie Godden, Manager – Family & Leisure Services Brian Head, Operations Assistant – Parks David Crowe, Foreperson, Public Works & Parks Karen Chafe, Recording Secretary

1. Meeting with St. John’s Amateur Baseball Association The Committee met with the Executive of the St. John’s Amateur Baseball Association: Bernie Davis, Mark Healy and Troy Croft to discuss their request for an increase to their annual $10,000 subsidy. A letter dated June 8th, 2010 from the Association was included in the meeting agenda and is on file with the City Clerk’s Department. As outlined in the letter, the Association is forecasting a potential overall deficit of $13,000 with approximately $11,500 directly attributed to costs to operate the facility, specifically heat and light expenses. This deficit can be somewhat offset with the increase of registration fees which would accrue an additional $6000, leaving the deficit at $7000. The City’s subsidy to the Association has been $10,000 for many years. The Association is further challenged with the unpredictability of weather, noting that some events for which significant revenue is expected, will get rained out, leaving the Association with less than expected revenues.

The Committee on motion of Councillor Colbert; seconded by Councillor O’Leary recommends that for this year only, the City grant $7,000 to the St. John’s Amateur Baseball Association to offset this year’s deficit. This one-time grant is in addition to the Association’s annual $10,000 subsidy.

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The Committee further recommends that the City and the Association enter into a consultation process to investigate long-term planning strategies.

2. Outdoor Washrooms at St. Kevin’s Ball Field The Manager of Streets and Parks advised that there is an opportunity to reallocate funding from development fees to enable the construction of outdoor washrooms for St. Kevin’s Ball Field. The subdivision located directly across the street when fully built out will result in approximately 112 – 120 building lots. A development of that size would normally require one tot lot, the need for which comes into question when considering the close proximity of the recreational facilities located at St. Kevin’s Ball Field which include a green gym.

The Committee on motion of Councillor Collins; seconded by Councillor Colbert recommends that the City redirect the development fees for the tot lot to the construction of outdoor male and female washrooms at St. Kevin’s Ball Field. The approximate cost to construct the washrooms will be in the vicinity of $100,000.

3. Memorial Softball Tournament at Shea Heights Field During the Committee’s last meeting, the above noted request was discussed, at which time it was agreed that the Committee would concur with staff’s recommendation to prohibit the use of the youth designated Shea Heights softball field for the adult Memorial Tournament, on the basis of safety and liability. The matter was again brought forward for reconsideration and the following recommendation is forwarded to Council for approval:

The Committee on motion of Councillor Colbert; seconded by Councillor Hickman recommends that the Memorial Softball Tournament at Shea Heights Field be permitted to proceed subject to its occurring under the supervision and patrol of the City of St. John’s and at the City’s cost.

The Committee further recommends that a staff report be prepared following the event to ascertain any problem areas that need to be addressed.

4. Funding Application for Kilbride Recreation Center’s Kitchen Upgrade The Director of Building and Property Management advised that the City may apply for funding under a provincial program which if successful may result in the allocation of $15,000 toward the cost of upgrading the kitchen at the Kilbride Recreation Center.

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The Committee recommends that the City submit an application for cost-shared funding for a maximum of 50% to upgrade the Kilbride Recreation Center’s kitchen.

5. Proposal for Deadman’s Pond Park, Johnson Family Foundation The Committee considered background information on the proposal for Deadman’s Pond Park. The estimated total cost of improvements to the park as outlined in the attached letter from the Johnson Family Foundation is $112,500 which is proposed to be cost-shared equally at $37,500 among the following three partners: the City of St. John’s, the Johnson Family Foundation and ACOA. The matter has been reviewed by the City’s staff who are supportive of the initiative.

The Committee on motion of Councillor Hickman; seconded by Councillor Colbert: recommends that the City approve cost-shared funding for Deadman’s Pond Park as outlined above and subject to approval from the remaining parties as outlined above.

6. Angel Street Project The Committee considered information which was tabled on the Angel Street Project whose mission is to have every city in Canada choose to be vigilant of domestic abuse and make a positive change by naming an Angel Street in their community.

This proposal was previously considered by the City’s Nomenclature Committee wherein it was decided that due to the existing name of Angel Street, another similar name could not be selected due to the confusion that would occur, particularly related to emergency response situations. Councillor Hickman advised that he had been talking to Ms. Gail Tobin of Iris Kirby House who suggested that a square be named in honour of the Angel Street Project. The City Manager also suggested that a park be considered for naming.

The Committee recommends that the City Manager meet with relevant staff to discuss options for the honouring of the Angel Street project. Councillor Hickman agreed to partake in this meeting.

7. Rotary Park Security Problems The Director of Recreation relayed problems of vandalism and security which are ongoing at Rotary Park, particularly during the summer season. It is becoming increasingly difficult for visitors to enjoy the beach area due to the constant obstruction by unruly visitors to the Park.

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The Committee recommends that the Director of Recreation investigate options for security measures and the costs associated with such and to prepare a report for the Committee’s review and eventual budget discussion.

Councillor Bruce Tilley Acting Chairperson

SJMC2010-08-23/474R It was moved by Councillor Collins; seconded by Councillor Hanlon: That the Committee’s recommendations be approved.

Regarding Item #1, Councillor Hann pointed out that the $7,000 grant, though not a budgeted item, is the result of a funding reallocation. Members of Council commended and thanked the St. John’s Amateur Baseball Association and its volunteers on its efficient operation of the organization.

During discussion, Councillor Colbert suggested that staff explore the possibility of Canada Lands setting aside lands in Pleasantville for the development of a field for minor baseball. The City Manager pointed out that since the Concept Plan for the entire Pleasantville Lands has been approved by Council, Councillor Colbert’s suggestion is not an option and noted that Canada Lands only disposes of property on commercial basis.

SJMC2010-08-23/475R Regarding Item #6, it was moved by Deputy Mayor Duff; seconded by Councillor Hanlon: That the motion be amended to include a recommendation that Councillor O’Leary be included as a member of the Committee overlooking the project.

During discussion, Councillor O’Leary suggested that Bannerman Park might be a suitable site when considering options for the honouring of the Angel Street project.

Following discussion, the main motion as amended being put was unanimously carried.

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Arts Advisory Committee Report dated July 15, 2010

Council considered the following Arts Advisory Committee Report dated July 15, 2020:

In Attendance: Deputy Mayor Shannie Duff Councillor Sandy Hickman Councillor Sheilagh O’Leary Denis Parker Aiden Flynn Libby Creelman Karen Cole Thea Morash Anita Reilly McGee Frank Fagan Elizabeth Lawrence, Director of Economic Development, Tourism & Culture Dave Blackmore, Director of Building & Property Management Kay Anonsen, Arts & Cultural Development Coordinator Lindsay Lyghtle, Planner Karen Chafe, Recording Secretary

1. Terms of Reference – City of St. John’s Arts Advisory Committee The Committee considered the draft Terms of Reference for the City of St. John’s Arts Advisory Committee which was reviewed in-depth during the last meeting. The Committee recommends the following:

That the Arts Advisory Committee Terms of Reference be adopted with the following revision to section 3(1)(b) related to Composition/Membership:

 That the group PANL should be changed to the more generic term of “film representative”, as PANL does not necessarily represent the film industry as a whole.

The Terms of Reference, as per the above direction, are attached for Council’s approval.

Deputy Mayor Shannie Duff Chairperson

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SJMC2010-08-23/476R It was moved by Deputy Mayor Duff; seconded by Councillor O’Leary: That the Committee’s recommendation be approved.

During discussion on the Terms of Reference, Councillor Hann asked why there won’t be a public proposal call for Committee members. He also asked why not a two year terms of office for committee members. The Deputy Mayor noted that in discussions with the Nominations Committee it was felt in order to obtain the appropriate balance of skills the nomination committee system would work better. She further noted that the Committee is not a standing committee and the term of membership for most advisory committees runs with the term of Council .

Following discussion, the motion being put was unanimously carried.

Mayor’s Advisory Committee on Affordable Housing dated August 20, 2010

Council considered the following report on the Mayor’s Advisory Committee on Affordable Housing dated August 20, 2010 : Members: Ed Power, Co-Chairperson Jocelyn Greene, Co-Chairperson Deputy Mayor Shannie Duff Bruce Pearce, St. John’s Community Advisory Committee on Homelessness Sheldon Pollett, Choices for Youth Daniel Smith, Canadian Federation of Students, NL Region Glenn Furlong, Canada Mortgage & Housing Corporation Frank Lee, Mayor’s Advisory Committee on Seniors Dave Murphy, NL Homelessness & Housing Network Madonna Walsh, Newfoundland & Labrador Housing Corporation Cynthia King, Human Resources, Labour & Employment Donna O’Brien, Human Resources, Labour & Employment Kim Baldwin, Eastern Health Karen Chafe, Recording Secretary

Recommendation:

Proposed Resolution for Municipalities NL Conference, October 2010 The Committee recommends Council’s approval of the attached Resolution for the Municipalities Newfoundland and Labrador Conference 2010 on Affordable Housing.

Ed Power Jocelyn Greene, Co-Chairpersons

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SJMC2010-08-23/477R It was moved by Deputy Mayor Duff; seconded by Councillor Hanlon: That the following Resolution for the Municipalities Newfoundland and Labrador Conference 2010 on Affordable Housing be adopted:

Proposed Resolution for Municipalities Newfoundland and Labrador Conference 2010 on Affordable Housing

Title: Affordable Housing Action

WHEREAS, the City of St. John’s believes that a prosperous, healthy municipality must include an adequate supply of affordable housing to meet current and emerging needs; and

WHEREAS, the construction, renovation and maintenance of affordable housing creates sustainable, high-quality local jobs and economic development; and

WHEREAS, while NL's Consumer Price Index edged up only 1% over the past year, rent increases grew 2.2%-6.5%, home resale prices grew 15.7%, and new home prices grew 9.3%/year every year since 2002; and

WHEREAS, the private rental vacancy rate has plummeted to a historic low of 1.1% across NL, and the number of people using emergency shelters in St. John’s grew from 580 in 2007 to 750 in 2008; and

WHEREAS, the Federation of Canadian Municipalities is calling for a national affordable housing and homelessness strategy, recognizing that it is far less costly to communities and taxpayers to provide stable, affordable housing; and

WHEREAS, the City of St. John’s has established a Mayor’s Advisory Committee on Affordable Housing to address the issue of housing stability together with many partners in other governments, as well as the community-based and private sectors.

THEREFORE, BE IT RESOLVED THAT THE CITY OF ST. JOHN’S REQUESTS ALL MUNICIPALITIES TO JOIN THE CITY OF ST. JOHN’S AND:

1. Affirm that housing stability is a foundation for a prosperous and vibrant municipality. Promoting housing stability contributes significantly and tangibly to local economic and social outcomes such as employment, education, health, social integration and community safety. 2. Commit to develop a municipal policy and action plan to promote affordable housing in collaboration with the federal and provincial governments, and the community-based and private sectors.

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STAPLES KELSEY DRIVE SN RETAIL STORE SJJ ENTERPRISE LTD. 58 KENMOUNT RD MS RETAIL STORE KENMOUNT BILLIARDS INC. 58 KENMOUNT RD MS TAVERN MORTGAGE SHOP 58 KENMOUNT RD MS OFFICE FLOOR SOURCE 210 KENMOUNT RD MS RETAIL STORE COHEN'S HOME FURNISHINGS 81 KENMOUNT RD MS RETAIL STORE CITY AUTO MART 211 KENMOUNT RD MS RETAIL STORE FURNITURE & MATTRESS 323 KENMOUNT RD MS RETAIL STORE BALLY HALY GOLF & COUNTRY 90 LOGY BAY RD MS CLUB BIDGOOD'S TIM-BR MART 342 MAIN RD MS RETAIL STORE RONA 53-59 MAIN RD MS RETAIL STORE TRIM SHOP 219 MAJOR'S PATH MS RETAIL STORE PIZZA EXPERTS 446 NEWFOUNDLAND DR MS RESTAURANT MICHAEL FOLEY ACADEMY 57 OLD PENNYWELL RD MS CLUB CORE HEALTH SPA 78 O'LEARY AVE MS CLUB KOSY DESIGNS INC. 279 PORTUGAL COVE RD MS RETAIL STORE ACTION PHYSIOTHERAPY 279 PORTUGAL COVE RD MS CLINIC MARIE'S 27 AIRPORT HEIGHTS DR MS CONVENIENCE STORE RENT CASH INC. 38-40 ROPEWALK LANE MS BANK GALLERIA ENTEAK INC. 16 STAVANGER DR MS RETAIL STORE PRINCESS AUTO LTD. 410 STAVANGER DR MS RETAIL STORE HERBAL MAGIC 410 STAVANGER DR MS RETAIL STORE EARLY ACHIEVERS INC. 397 STAVANGER DR MS OFFICE BOSTON PIZZA 415 STAVANGER DR MS RESTAURANT KENNY ENTERPRISES LIMITED THORBURN RD MS RETAIL STORE NFLD. LIQUOR COMMISSION 474 TOPSAIL RD MS RETAIL STORE STANLEY'S PUB 26-34 TORBAY RD MS TAVERN STANLEY'S PUB 26-34 TORBAY RD MS TAVERN TOTALLY TANNED LTD. 120 TORBAY RD MS SERVICE SHOP CURVES 272-276 TORBAY RD MS CLUB WEST SIDE CHARLIES 430 TORBAY RD MS TAVERN CAMPUS RINGS 145 TORBAY RD MS RETAIL STORE CHINA HOUSE TORBAY ROAD-TORBAY RD MALL MS RESTAURANT ICT CANADA GROUP INC. TORBAY ROAD-TORBAY RD MALL MS OFFICE O'REILLY'S IRISH BAR INC. 13 GEORGE ST RN TAVERN THE TDL GROUP 341 MAIN RD, TEMP SERV TRAILER NC ACCESSORY BUILDING DARRELL CONNOLLY 105 PEARLTOWN RD NC WAREHOUSE KIELEY INVESTMENTS LIMITED 484-490 MAIN RD RN COMMERCIAL SCHOOL REPUBLIC PROPERTIES 106 WATER ST,INTERIOR STRIPOUT RN MIXED USE NORTH ATLANTIC PETROLEUM 280 TORBAY RD RN SERVICE STATION GROUP HOLDINGS LIMITED 504 WATER ST NC FENCE BRIAN VALLIS 377 DUCKWORTH ST RN RESTAURANT ATTRACTION REALTY CANADA INC. 108 LEMARCHANT RD CR OFFICE ULTRAMAR- JEFF MCLOUGHLIN 279 PORTUGAL COVE RD RN RETAIL STORE THE TDL GROUP 341 MAIN RD TI EATING ESTABLISHMENT TRENDEX CONSTRUCTION & MGMT 351-353 WATER ST RN OTHER CAPITAL PRECAST LTD. TRANS CANADA HWY EX WAREHOUSE NORTH ATLANTIC PETROLEUM 280 TORBAY RD NC SERVICE STATION SHOPPERS DRUG MART 145 TORBAY RD NC PHARMACY BEST BUY/PET SMART TORBAY RD @ STAVANGER DR NC RETAIL STORE CARMAX INC. 120 KENMOUNT RD NC CAR SALES LOT RONA TORBAY ROAD @ WHITE ROSE DR NC RETAIL STORE

THIS WEEK $ 20,318,157.00

CLASS: INDUSTRIAL

A. HARVEY & COMPANY LIMITED 43 SUGARLOAF RD CO INDUSTRIAL USE

THIS WEEK $ 130,000.00

CLASS: GOVERNMENT/INSTITUTIONAL

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NEWFOUNDLAND POWER SOUTHERN SHORE HWY/BAY BULLS R SW VACANT LAND GRAND CONCOURSE AUTHORITY 132 LEMARCHANT ROAD NC PUBLIC USE GRAND CONCOURSE AUTHORITY 9 - 13 LIVINGSTONE STREET NC PUBLIC USE FEDERAL GOVT 10 BARTER'S HILL RN ADMIN BLDG/GOV/NON-PROFIT FED. GOV'T. (BLDG. #223) PLEASANTVILLE RN ADMIN BLDG/GOV/NON-PROFIT GRAND CONCOURSE AUTHORITY 41 NEW GOWER STREET NC PUBLIC USE FEDERAL GOVT 10 BARTER'S HILL PROJ. 137112 RN ADMIN BLDG/GOV/NON-PROFIT BR. RICE REG. HIGH SCHOOL 75 BONAVENTURE AVE RN SCHOOL NFLD. LIQUOR COMMISSION 474 TOPSAIL RD RN ADMIN BLDG/GOV/NON-PROFIT TOPSAIL RD DEVELOPMENTS LTD 689 TOPSAIL RD CR ADMIN BLDG/GOV/NON-PROFIT

THIS WEEK $ 1,653,606.00

CLASS: RESIDENTIAL

JEFF CARD 5 BAR HAVEN ST NC FENCE GERALD WALSH 19 BAY BULLS RD NC ACCESSORY BUILDING BALNAFAD CO. LTD. 241 BAY BULLS RD NC ACCESSORY BUILDING MRS. JOAN DOBBIN 5 BELFAST ST NC PATIO DECK JEAN CURTIS 28 BELVEDERE ST NC FENCE STEVE KIELEY 7 BISHOP'S LINE NC ACCESSORY BUILDING HAROLD BENSON BLACKHEAD RD/HAROLD BENSON NC SINGLE DETACHED DWELLING CHRISTINA HALL 77 BONAVISTA ST NC PATIO DECK ANDREW SMALL AND 87 BRAD GUSHUE CRES NC FENCE DEAN GAMBIN 62 BURRY PORT ST NC FENCE ROCK SOLID HOME BUILDERS 49 CAPE PINE ST, LOT 23 NC SINGLE DETACHED DWELLING TRUE NORTH HOMES INC. 6 CAPPAHAYDEN ST, LOT 51 NC SINGLE DETACHED DWELLING PRO-TECH CONSTRUCTION LTD. 14 CASTLE BRIDGE DR - LOT 1 NC SINGLE DETACHED DWELLING JAMIE STEVENS 20 CASTLE BRIDGE DR, LOT 4 NC SINGLE DETACHED DWELLING GERARD BAVIS 44 CASTLE BRIDGE DR NC ACCESSORY BUILDING (NOW) GLENN MYRICK AND 66 CASTLE BRIDGE DR, LOT 26 NC SINGLE DETACHED DWELLING CARMEL HAYWARD 21 CHAFE AVE NC ACCESSORY BUILDING NFLD. & LAB HOUSING CORP BLDG. 802, APT 1-16 NC PATIO DECK CRAIG JOY 65 CHEROKEE DR NC ACCESSORY BUILDING GEORGE CHAFE 25-27 DONOVAN'S RD NC ACCESSORY BUILDING DEENA E. STRINGER 70 DOYLE ST NC FENCE STANLEY GARFIELD COLLINS & 194 DOYLE'S RD NC ACCESSORY BUILDING PRO TECH CONSTRUCTION 12 DUMBARTON PL, LOT 4-22 NC SINGLE DETACHED DWELLING LES LITTLE 4 EARLE ST NC FENCE RODGER MULLINS 7 EATON PL NC ACCESSORY BUILDING WALTER WHITE 40 ENNIS AVE NC ACCESSORY BUILDING CHAD FLYNN 13 FAHEY ST NC PATIO DECK BRAD COLES 51 FRANCIS ST, LOT 55 NC SINGLE DETACHED DWELLING FERNANDO LOAIZA 26 FRANKLYN AVE NC PATIO DECK EARL WOODMAN 264 FRECKER DR NC PATIO DECK SULLIVAN'S CONTRACTING LIMITED 35 GOLD MEDAL DR, LOT 172 NC SINGLE DETACHED DWELLING SULLIVAN'S CONTRACTING LTD 39 GOLD MEDAL DR, LOT 174 NC SINGLE DETACHED DWELLING MICHAEL BARBOUR 6 GOLF AVE NC PATIO DECK PETER & EMILY STURGE 142 GREEN ACRE DR NC ACCESSORY BUILDING TRINA OAKE 1 BARACHOIS ST NC FENCE FRED HICKS 85 HOLBROOK AVE NC ACCESSORY BUILDING ERNEST U. SNOW 10 HORLICK AVE NC FENCE JAMES DILLON 45 HORLICK AVE NC ACCESSORY BUILDING JAMES DILLON 45 HORLICK AVE NC FENCE FAIRVIEW INVESTMENTS LIMITED 21 ICELAND PL, LOT 50 NC SINGLE DETACHED DWELLING GIBRALTAR DEVELOPMENT LIMITED 69 JULIEANN PL, LOT 126 NC SINGLE DETACHED DWELLING GIBRALTOR DEVELOPMENT 2 KATIE PL NC FENCE GIBRALTAR DEVELOPMENT LIMITED 14 KATIE PL, LOT 155 NC SINGLE DETACHED DWELLING MARK PLOUGHMAN & 32 KERSHAW PL NC ACCESSORY BUILDING KEVIN GREEN 5 KINCAID ST NC FENCE SUZANNAH MEJIA 41 KINCAID ST NC FENCE GUARDIAN HOMES INC. 7 KNAPDALE PL, LOT 41 NC SINGLE DETACHED DWELLING JEFFREY CAREW 6 LAGGAN PL, LOT 59 NC SINGLE DETACHED & SUB.APT GUARDIAN HOMES INC. 8 LAGGAN PL, LOT 58 NC SINGLE DETACHED DWELLING

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JORDAN A. REES 56 MACBETH DR NC FENCE SHANNON MCALLISTER 30 MCKAY ST NC PATIO DECK PAUL & ASTRID FUDGE 8 MACPHERSON AVE NC ACCESSORY BUILDING DAVID NORRIS 18 MIKE ADAM PL NC FENCE DARCY WARD 158 MUNDY POND RD NC FENCE CONRAD POWER 38 MYRICK PL NC FENCE DONOVAN HOMES LIMITED 3 NAUTILUS ST, LOT 21 NC SINGLE DETACHED DWELLING RONALD HOWELL 359 NEWFOUNDLAND DR NC FENCE LOURDES PENA CASTILLO & 74 NEWTOWN RD NC FENCE GERALD JONES/SUSAN NORMAN OLD BAY BULLS RD (WEST OF 102) NC SINGLE DETACHED DWELLING ENCON CONSTRUCTION LTD. 117 OLD BAY BULLS RD NC SINGLE DETACHED DWELLING TERRY WALSH CONTRACTING 72 OTTER DR, LOT 146 NC SINGLE DETACHED DWELLING TERRY WALSH CONTRACTING 74 OTTER DR, LOT 145 NC SINGLE DETACHED DWELLING LEON MALLAY 57 OTTER DR NC ACCESSORY BUILDING F. GEOFFREY AYLWARD AND 28 OXEN POND RD NC SINGLE DETACHED DWELLING KIERAN & KRISTIN WALSH 106 PENNEY CRES NC PATIO DECK PHILIP DANIEL 50 PENNYWELL RD NC FENCE EUGENE FRANCIS MCDONALD & 19 PETITE FORTE DR NC FENCE COLIN DRODGE 32 PIPER ST NC FENCE MARY GIN 14 PLOVER ST NC FENCE JOHN RYAN & GERTRUDE COLE 133 PORTUGAL COVE RD NC FENCE BARBARA MULLOY/PATRICK ROGERS 361 AIRPORT HEIGHTS DR NC ACCESSORY BUILDING AMY CONWAY 4 QUEBEC ST NC FENCE PHILIP SNOW 105 RENNIE'S MILL RD NC ACCESSORY BUILDING SEBASTIAN HALLIDAY & STEPHANIE 26 SERPENTINE ST NC FENCE SEBASTIAN HALLIDAY & STEPHANIE 26 SERPENTINE ST NC ACCESSORY BUILDING CHRISTOPHER M.G. SQUIRES 30 SGT. CRAIG GILLAM AVE NC FENCE ALBERT P. CROKE 43 SGT. CRAIG GILLAM AVE NC PATIO DECK JOYCE ROLFE 11 CABOT AVE NC SINGLE DETACHED DWELLING REUBEN & BONNIE CRANFORD 8 SOUTHCOTT PL NC ACCESSORY BUILDING LINDA M.DAWSON 651 SOUTHSIDE RD NC PATIO DECK NEW VICTORIAN HOMES 243 STAVANGER DR, LOT 3 NC SINGLE DETACHED DWELLING WILLIAM MAHER 18 STENLAKE CRES NC SWIMMING POOL WILLIAM MAHER 18 STENLAKE CRES NC SWIMMING POOL MICHAEL WALSH & LORI ROACH 23 SUDBURY ST NC PATIO DECK MICHAEL WALSH & LORI ROACH 23 SUDBURY ST NC FENCE ROBERT JAMES HAYWARD AND 2 TOBY MCDONALD ST NC FENCE BEVERLY & APRIL COSTELLO 48 VALLEYVIEW RD NC PATIO DECK BRYAN SMITH 49 VISCOUNT ST NC FENCE JOHN FLEET AND TRACEY FLEET 101 WABUSH PL NC PATIO DECK FRASER H. EDISON & 16 WATERFORD HTS S NC SINGLE DETACHED DWELLING MARY CHRISTINA STACEY 392 WATER ST NC FENCE MICHELLE G. WALTERS & 13 WHITEFORD PL NC PATIO DECK GEOFF WEDGWOOD 1 WHITEWAY PL NC FENCE MARC BOILY CONTRACTING LTD. 16 WILLIAM ST NC TOWNHOUSING JACQULYN POWER 1 BANTING PL CO HOME OCCUPATION TINA STEVENSON 46 HOLBROOK AVE CO HOME OCCUPATION LOIS SKANES 48 PRINCE OF WALES ST CO SINGLE DETACHED & SUB.APT PERHAM HOMES LIMITED 21 LADY ANDERSON ST, LOT 271 CR SUBSIDIARY APARTMENT RAYLENE MEANEY 39 PETITE FORTE DR CR SUBSIDIARY APARTMENT STEPHEN HARVEY 35 PITCHER'S PATH CR SUBSIDIARY APARTMENT JEROME COADY 180 AIRPORT HEIGHTS DR CR SUBSIDIARY APARTMENT BRADLEY ROGERS 35 ALMOND CRES EX SINGLE DETACHED DWELLING FLORENCE MCDONALD 72 BARNES RD EX SINGLE DETACHED DWELLING LARRY ABBOTT 207 BAY BULLS RD EX SINGLE DETACHED & SUB.APT LORI M. FITZGERALD 9 GULLIVER PL EX ACCESSORY BUILDING RONALD FITZGERALD 48 LINEGAR AVE EX SINGLE DETACHED DWELLING JOHN TOMPKINS & LORI PENNEY 16 MERCER'S DR EX PATIO DECK BONNI MITCHELL 23 PEPPERTREE PL EX SINGLE DETACHED DWELLING STEPHEN J. WEDGWOOD 23 ROCHE ST EX SINGLE DETACHED DWELLING DR. N.J. & MRS. C. BROWNE 5 SHERWOOD DR EX SINGLE DETACHED DWELLING DR.MARK BRENNAN/K.A. MORGAN 56 BANNERMAN ST RN SINGLE DETACHED DWELLING SEAN PARRELL 23 BARTER'S HILL PL RN TOWNHOUSING RAYMOND WADMAN 151 CASEY ST RN SINGLE DETACHED DWELLING MAURICE QUINTON 7 CHUCKLEY PEAR PL RN SINGLE DETACHED DWELLING

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SARAH CONNOLLY 103 CRAIGMILLAR AVE RN SEMI-DETACHED DWELLING ADELE DOOLING 20 DARLING ST RN SINGLE DETACHED DWELLING ERCO HOMES 4 DAUNTLESS ST RN SINGLE DETACHED DWELLING 10504 NEWFOUNDLAND INC. 61 DUCKWORTH ST RN CONDOMINIUM WALTER WHITE 40 ENNIS AVE RN SINGLE DETACHED DWELLING HARMONY ROBERTS 26 FAULKNER ST RN SINGLE DETACHED DWELLING ANNA HIERLIHY 53 FLEMING ST RN SEMI-DETACHED DWELLING BERNADETTE B. LINDEMANN 15 GARRISON HILL RN TOWNHOUSING JENNIFER LYN JOHNSON 19 GARRISON HILL RN TOWNHOUSING KEVIN OWENS 48 GROVES RD RN SINGLE DETACHED DWELLING GERALD J.DENINE & 34 MEADOWBROOK DR RN MOBILE HOME THOMAS SIMMS 31 MEADOWBROOK PARK RD RN ACCESSORY BUILDING DANIKA KUNG 6 MARSHALL PL RN SINGLE DETACHED DWELLING DEBORAH CLARKE 15 MARSLAND PL RN SINGLE DETACHED DWELLING PATRICIA BRADLEY 21 MARSLAND PL RN SINGLE DETACHED DWELLING PEG NORMAN 170 PATRICK ST RN SEMI-DETACHED DWELLING BRADLEY ROGERS 64 SEABORN ST RN SEMI-DETACHED DWELLING ANTHONY MICHAEL PRETTY 42 SGT. CRAIG GILLAM AVE RN SINGLE DETACHED DWELLING KIMBERLEY D. SOPER 7 STEPHEN PL RN SEMI-DETACHED DWELLING ANGELA CRITCHELL 20 SUEZ ST RN SINGLE DETACHED & SUB.APT ARNOLD HAINES 6 SUMMER ST RN SINGLE DETACHED DWELLING DARRYL C. & NANCY J. WILLIAMS 17 THETIS PL RN SINGLE DETACHED DWELLING DUSTIN & KIMBERLEY PEARCE 34 BELLEVUE CRES SW SINGLE DETACHED DWELLING GERALYN TERESA LYNCH 127 EMPIRE AVE SW SINGLE DETACHED DWELLING CAROLYN M. MIRI 200 FOREST RD SW SINGLE DETACHED DWELLING WILLIAM & ROSE DEBOURKE 202 FOREST RD SW SINGLE DETACHED DWELLING JEFF MOSS 48 GROVES RD SW SINGLE DETACHED DWELLING ENCON CONSTRUCTION LTD. 38 HATCHER ST SW SINGLE DETACHED & SUB.APT JASON DINN HOWLETT'S LINE SW VACANT LAND DEREK J. MOULAND 21 LIONS RD SW SINGLE DETACHED & SUB.APT CRAIG PHILPOTT 37 MARK NICHOLS PL SW SINGLE DETACHED DWELLING MARY GIN 14 PLOVER ST SW SINGLE DETACHED DWELLING CHARLES WISEMAN 40 RALEIGH ST SW SINGLE DETACHED DWELLING GERALDINE LUTZ 42 ROYAL OAK DR SW SINGLE DETACHED DWELLING E. LOUISE EVANS 7 SAVANNAH PARK DR SW SINGLE DETACHED DWELLING KELLIE HADDEN & MICHELLE YOUNG 25 SCOUTS PL SW SINGLE DETACHED DWELLING

THIS WEEK $ 7,050,650.00

CLASS: DEMOLITION

SEAN MURPHY 9 MARCONI PL DM SINGLE DETACHED DWELLING JOYCE ROLFE 11 CABOT AVE DM SINGLE DETACHED DWELLING ROBERT & ESTHER OLIVER 570 THORBURN RD DM SINGLE DETACHED DWELLING NORTH ATLANTIC REFINING 280 TORBAY RD DM SERVICE STATION ATLANTIC PLANNING & MGMT 446 TOPSAIL RD DM SERVICE STATION TRIPLE A EXCAVATING 11 ELIZABETH AVE DM RETAIL STORE

THIS WEEK $ 144,000.00

THIS WEEK''S TOTAL: $ 29,296,413.00

REPAIR PERMITS ISSUED: 2010/08/05 TO 2010/08/18 $ 814,026.00

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LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

REJECTION

Trans Canada Highway – Application for lodging house is rejected because this property is located in a forestry zone.

32 Gisborne Place – Extension of driveway is rejected because of limited amount of space for snow storage.

Payrolls and Accounts

SJMC2010-08-23/479R It was decided on motion of Deputy Mayor Duff; seconded by Councillor Colbert: That the following Payrolls and Accounts for the weeks ending August 12, 2010 and August 19, 2010 be approved:

Weekly Payment Vouchers For The Week Ending August 12, 2010

PAYROLL

Public Works $ 359,863.13

Bi-Weekly Casual $ 151,743.93

ACCOUNTS PAYABLE $ 6,829,586.80

Total: $ 7,341,193.86

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Weekly Payment Vouchers For The Week Ending August 19, 2010

PAYROLL

Public Works $ 328,919.19 Regional Fire Services $ 647,546.66 Bi-Weekly Management $ 594,985.68 Bi-Weekly Administration $ 706,635.17

ACCOUNTS PAYABLE $ 2,543,572.92

Total: $ 4,821,659.62

Tenders

a. Tender – 2010 Infrastructure Maintenance Program Contract No. 3 – Curb, Gutter and Sidewalk – West End b. Tender – Petty Harbour Long Pond Ultraviolet (UV) Disinfection System Supply c. Tender – Petty Harbour Long Pond Positive Displacement (PD) Blower Supply

SJMC2010-08-23/480R It was moved by Deputy Mayor Duff; seconded by Councillor Colbert: That the recommendations of the Deputy City Manager and Director of Public Works and Parks; and the Director of Engineering be approved and the tenders awarded as follows:

a. Kelloway Construction Ltd. in the amount of $541,840.65 b. Trojan Technologies in the amount of $291,112.86 c. Sansom Equipment Ltd. in the amount of $72,320.00

220 Bay Bulls Road – Rear Building

Council considered a memorandum dated August 18, 2010 from the Director of Building and Property Management regarding the above noted.

SJMC2010-08-23/481R It was moved by Councillor Hanlon; seconded by Councillor Tilley: That an order as per section 375 of the City Act, be issued to have the building at 220 Bay Bulls Road demolished and removed from the site, failing which, the work will be carried out, the cost to be charged to the property.

The motion being put was unanimously carried.

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Ratification of Phone Polls

SJMC2010-08-23/482R It was moved by Councillor Collins; seconded by Councillor Tilley: That the following phone polls be ratified:

a. Tender – Bowring Park Cobblestone Bridge Restoration Tender awarded to Hytec Specialties Inc. in the amount of $122,627.60 and the City’s funding contribution to the project increased from $64,800 to $71,000 (HST. Incl.)

b. Tender – Torbay Road Water Supply Upgrading Tender awarded to Cougar Engineering & Construction Ltd. in the amount of $1,107,965.00

The motion being put was unanimously carried.

Request from NL Sexual Assault Crisis and Prevention Centre that the flags at City Hall be lowered to half-mast from Monday, September 13 to Friday, September 17, 2010, as part of raising awareness in Newfoundland and Labrador

SJMC2010-08-23/483R It was moved by Deputy Mayor Duff; seconded by Councillor Collins: That a Request from NL Sexual Assault Crisis and Prevention Centre that the flags at City Hall be lowered to half-mast from Monday, September 13 to Friday, September 17, 2010, as part of raising awareness in Newfoundland and Labrador, be approved.

The motion being put was unanimously carried.

Pippy Place Storm Sewer Replacement Project

Council considered a memorandum dated August 16, 2010 from the Director of Engineering regarding the above noted.

SJMC2010-08-23/484R It was moved by Councillor Hanlon; seconded by Deputy Mayor Duff: That funding for the Pippy Place Storm Sewer Replacement Project be approved and that repairs proceed immediately, at an estimated cost of $2,100,000.00, based on preliminary design.

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During discussion, Councillor Breen asked for a list of infrastructure projects that need to be addressed for inclusion in the agenda of the next Regular Meeting of Council to be held on September 7, 2010. The matter was referred to the Director of Engineering for follow-up.

Following discussion, the motion being put was unanimously carried.

Email dated August 14, 2010 from a Tourist from Alberta citing St. John’s as “the place to be”______

Members of Council acknowledged the above noted email.

Email dated August 20, 2010 from Ray Cox, 48 Quidi Vidi Road thanking staff on their response to a sewer backup

Members of Council acknowledged the above noted email.

Councillor O’Leary

Councillor O’Leary suggested that the City consider a type of award program as they have in Kingston called the “Golden Broom” award, reinforcing cleanliness in our City. She asked that the matter be referred to the Public Works & Environment Standing Committee for consideration and noted that she intends to raise the suggestion with St. John’s Clean & Beautiful.

Councillor Hann

Councillor Hann mentioned his recent ride-along with the RNC patrol on George Street. He praised the work of the RNC noting the issues and challenges that need to be addressed. He suggested that Council arrange to meet with representatives of the RNC in the fall to discuss the challenges they face in relation to activity in the downtown. He noted the RNC would like to install closed-circuit cameras on George Street which he fully supports.

Councillor Galgay Councillor Galgay advised of the official opening of Martin’s Meadow Park on August 24, 2010 and encouraged all neighbourhood residents to attend.

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Councillor Tilley

Councillor Tilley noted an incident where a Bowring Park duck was killed on Waterford Bridge Road. He advised that staff of the Public Works Department are looking at measurers to prevent a similar occurrence.

Councillor Collins

Councillor Collins advised that he will be meeting with the Developer to see what can be done to address some of the concerns raised by residents regarding the proposed Ruby Line and Heavy Tree Road (Estate of John Lester) Proposed "Diamond Marsh Subdivision”.

Councillor Collins acknowledged and commended the organizers of the Southlands Days event and thanked the City on behalf of the residents for its contribution towards the celebrations.

His Worship the Mayor

His Worship the Mayor noted his win of a bet with the Mayor of Mount Pearl over a senior men’s baseball game which results in having the City of St. John’s flag fly over the City of Mount Pearl and Mayor Simms to wear the St. John’s Baseball Jersey at his next Council meeting.

His Worship the Mayor commended staff and all involved in the RNC Freedom of the City ceremony event, and as well the dedication ceremony naming the parkette at Gower Street and Queen's Road, Constabulary Court.

Adjournment

There being no further business, the meeting adjourned at 6:00 p.m.

______MAYOR

______CITY CLERK September 7th, 2010

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also: Deputy Mayor Duff; Councillors O’Leary, Hickman, Colbert, Hann, Breen, Galgay, Tilley, Hanlon and Collins.

The City Manager, Deputy City Manager/Director of Corporate Services and City Clerk; Director of Planning, Director of Engineering, Acting Director of Public Works and Parks; City Solicitor and Manager, Corporate Secretariat were also in attendance.

Call to Order and Adoption of the Agenda

SJMC2010-09-07/485R It was decided on motion of Councillor Tilley; seconded by Councillor Collins: That the Agenda be adopted as presented with the following additional items:

a. Special Events Advisory Committee Report dated September 2, 2010

b. Memorandum dated September 3, 2010 from the City Manager RE 7A Vanguard Court

c. Memorandum dated September 7, 2010 from the Acting Director of Recreation re: On-Line Registration – Recreation Program

d. Memorandum dated September 1, 2010 from the City Manager re The Bowring Park Master Plan

e. Media Release – St. John’s To Welcome Three Cruise Ships This Week

Adoption of Minutes

SJMC2010-09-07/486R It was decided on motion of Councillor Galgay; seconded by Councillor Breen: That the minutes of the August 23, 2010 meeting be adopted as presented.

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Notices Published

1. A Discretionary Use Application has been submitted by the Provincial Government Department of Mines and Energy, Mineral Lands Division on behalf of City Sand and Gravel Limited. The proposed use, an aggregate quarry is located at Foxtrap Access Road, off Middle Bight Road. The proposed quarry will be 3.9 Hectares in area. It is located in the Forestry (F) Zone. (Ward 5)

Submission of objection from the Town of CBS

SJMC2010-09-07/487R It was moved by Councillor Hann; seconded by Deputy Mayor Duff: That a decision on the application be deferred in order that staff can review the submission received from the Town of CBS.

The motion being put was unanimously carried.

1. A Discretionary Use Application has been submitted by Leslie Young requesting permission to establish and operate a Registered Massage Therapy Clinic at Civic No. 67 King’s Bridge Road. The proposed business will occupy a floor area of 39 m2 and operate from 9 am to 6 pm, Monday to Friday. Parking for three (3) vehicles will be provided on-site and the applicant will be the sole employee. (Ward 1)

SJMC2010-09-07/488R It was moved by Councillor Breen; seconded by Councillor Tilley: That the application be approved.

The motion being put was unanimously carried.

Development Committee Report dated August 31, 2010

Council considered the following Development Committee Report dated August 31, 2010:

RECOMMENDATION OF APPROVAL:

1. Crown Land Lease Referral Ms. Janice Peach Foxtrap Access Road (Ward 5)

The Development Committee recommends that Council approve the above noted Crown Land Lease.

- 3 - 2010-09-07

2. Discretionary Use Application Proposed Infill Dwelling Unit Mr. Gerard Heffernan Civic No. 52 Mullock Street (Ward 2)

The Development Committee recommends that Council reaffirm its approval for the above noted application and allow the applicant to develop the property for one (1) Infill Dwelling Unit at Civic No. 52 Mullock Street.

Ronald G. Penney, Chairperson City Manager

SJMC2010-09-07/489R It was moved by Councillor Hann; seconded by Councillor Tilley: That the Committee’s recommendations be approved.

The motion being put was unanimously carried.

Finance and Administration Standing Committee Report dated August 25, 2010

Council considered the following Finance and Administration Standing Committee Report dated August 25, 2010: In Attendance: Deputy Mayor Shannie Duff, Chairperson Councillor Gerry Colbert Councillor Tom Hann Councillor Danny Breen Councillor Frank Galgay Councillor Bruce Tilley Councillor Debbie Hanlon Mr. Ron Penney, City Manager Mr. Neil Martin, Deputy City Manager/Director of Corporate Services & City Clerk Mr. Bob Bishop, Director of Finance & City Treasurer Mr. Dave Blackmore, Director of Building & Property Management Ms. Jill Brewer, Director of Recreation Ms. Elizabeth Lawrence, Director of Economic Development, Tourism & Culture Mr. Bob Bursey, City Solicitor Mr. Jim Clarke, Acting Director of Public Works & Parks Mr. Jason Silver, City Internal Auditor Mr. Derek Coffey, Manager of Budgetary Services

- 4 - 2010-09-07

Ms. Lynn O’Grady, Manager of Employee Wellness Mr. Bryan Harris, Employee Wellness/Health Educator Ms. Kelly Butler, Recording Secretary

Also in attendance were representatives of the St. John’s Board of Trade (Mr. Derek Sullivan, President; Ms. Nancy Healey, CEO and Mr. Craig Ennis, VP – Policy and Communications) and Ms. Alisha Morrissey with The Telegram.

1. Delegation – Dr. Beverley Diamond and Dr. Kati Szego – Memorial University School of Music re: International Council for Traditional Music (ICTM) 2011 Conference The Committee met with Dr. Beverley Diamond and Dr. Kati Szego to discuss the ICTM Conference being held in St. John’s in July 2011 and the possibility of the City providing funding in the amount of $75,000 for this conference.

Dr. Diamond and Dr. Szego provided the Committee with a brief overview of the ICTM 2011 Conference, noting that this is only the second time that the conference has been held in North America. ICTM 2011 is an academic conference about music and dance traditions throughout the world, which will be followed by a festival of world music. It is anticipated that the conference will be attended by approximately 500 people, from some 50-60 countries. Many of these people will likely come to St. John’s early to attend Festival 500 or extend their stay after the conference to take in the Jazz Festival. Dr. Diamond advised that officials with ICTM had visited the Province in June and were impressed with the City’s conference facilities, the support of the local organizing committee and the media interest in the conference. Dr. Diamond also outlined the benefits to the City to host such a prestigious conference. In addition to the economic benefits, the City’s local musicians and artists will greatly benefit from interactions with conference delegates and exposure to delegates through musical performances scheduled as part of the conference program.

Following the presentation, a brief question and answer period ensued regarding the request for funding and the proposed budget for the conference. Councillor Hanlon inquired if the revenue amounts listed in the budget for various government agencies had been confirmed. Dr. Diamond advised that the funding from MUN, TCR, and ACOA has been confirmed. The requests to Canadian Heritage, SSHRC and the Canada Council are still under review. Councillor Hann expressed concern that a large portion of the budget includes salaries and benefits. Dr. Diamond advised that the figure for personnel and benefits includes salaries being paid to MUN employees who are working on the conference. In addition, there are plans to hire a full-time concert manager, a part-time festival manager, a marketing director, and a technical coordinator. Councillor Hann inquired if any donations had yet been solicited from the corporate sector. Dr. Diamond advised that plans to solicit donations from the corporate sector have recently begun.

(Drs. Diamond and Szego retired from the meeting.)

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A brief discussion ensued wherein it was noted that this is a large funding request, and the City has a policy regarding funding for special events and festivals. It was suggested that the matter be referred to the Director of Economic Development, Tourism, and Culture for review and recommendation.

The Committee recommends, on motion of Deputy Mayor Duff; seconded by Councillor Breen: That the festival funding request for the ICTM 2011 Conference be referred to the Director of Economic Development, Tourism, and Culture for review and recommendation as per the criteria used to evaluate special events and festival applications.

2. Capital Grant – Vera Perlin Society The Committee considered a memorandum dated August 19, 2010, from the Director of Finance regarding the above noted matter.

The Director of Finance advised that in 2007 Council agreed to provide $250,000 in funding for the renovation and reconstruction project of the Vera Perlin Centre, with the funding to be paid out over a five year period. Due to lack of other sources of funding at the time, the project did not immediately commence and no funds were paid out by the City. The project is now underway, and the Society has contacted the City requesting $200,000 in funding be paid out covering the years 2007-2010, with the remaining $50,000 to be paid out in 2011.

A lengthy discussion ensued wherein it was noted that the City will likely run a deficit this year due to the recent capital expenditures approved by Council, and the funding for Vera Perlin has not been allocated in this year’s budget. It was agreed that the funding commitment must be honoured, however, it would be difficult for Council to allocate the requested amount from this year’s budget. The City’s financial commitment should start now, with $50,000 being paid out this year instead of the requested $200,000. Councillor Colbert suggested that the Director of Finance contact the Society to determine their cash flow situation and see if they would be amenable to a different payout schedule of slightly higher amounts over a shorter period of time. The City Manager also suggested that the payouts commence next year so that the item can be included as a budgeted expense for 2011.

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Colbert: That the Director of Finance meet with representatives from the Vera Perlin Society to discuss allocation of the City’s $250,000 commitment, specifically how it can be allocated to best serve the needs of the organization and the City.

3. Employee Wellness Program The Committee considered a memorandum dated August 16, 2010, from the Director of Human Resources regarding the above noted matter. The Committee also reviewed a Power Point Presentation by the Employee Wellness/Health Educator, which provided an overview of the Employee Wellness Program since its inception. Some of the wellness

- 6 - 2010-09-07 initiatives that have been implemented through this program include the Sanitation Stretching Program, Stop Smoking Program, Employee Fitness Program, and Nutrition Policy. When the Employee Wellness Program began, 230 employees initially availed of the services of the Wellness Educators and in the two years following, employee participation has increased to 682 employees to date.

Several members of Council expressed their support for the Employee Wellness Program, noting that improving employee health is beneficial in to the City in the long run as it helps to reduce workplace injuries and sick leave absences. Councillor Breen referenced the benefit management fund of $1.95 million from which the Employee Wellness Program is funded, and he inquired if the City had given any thought to taking a premium holiday because of the excess in the fund. The Director of Finance indicated that the group insurance premiums are increasing in small increments each year, however, it was felt that it was better to leave the benefit management fund alone on the chance that premiums start increasing in much larger increments. In the event that this happens, then the fund could be used to off set the increased costs.

The Committee recommends; on motion of Councillor Breen; seconded by Councillor Galgay: That the Employee Wellness Program become permanent and that Mr. Bryan Harris be permanently appointed to the position of Employee Wellness Educator.

4. 2011 Fiscal and Service Strategy and Budget Process The Committee considered a memorandum dated August 18, 2010, from the Director of Finance regarding the above noted matter. The Director of Finance advised that the 2011 Fiscal and Service Strategy document provides staff with the background and details necessary for preparing their budgets. The deadline for Departmental budget submissions is September 7th. There will be a change in the water taxes rates in 2011 to reflect the financing and operation of the new Waste Water Treatment Facility, and the Provincial Government has confirmed that the City’s Municipal Operating Grant for 2011 will remain at $3.1 million. The Director of Finance noted that some of the increases in operating expenses for 2011 can be attributed to increased employee salaries through union contract negotiations, and full year operation of the Waste Water Treatment Facility and the Recycling Program. Once the draft operating budget has been prepared, it will be reviewed by the various Standing Committees as Committees of the Whole, with the final review and ranking to be done via the Finance Committee (Committee of the Whole) prior to December 8th.

Deputy Mayor Duff inquired about the plans for public budget consultations as previously discussed by the Committee. The Director of Finance noted that he had previously presented a report on this subject for the Committee’s consideration in January of this year, and he indicated he could bring the matter forward again for further review. The City Manager suggested that the report be brought to a Special Meeting of Council for further consideration.

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The Committee recommends, on motion of Councillor Colbert; seconded by Councillor Galgay: That the Fiscal and Service Strategy for the 2011 Budget be approved.

5. Investment Management – City of St. John’s Employee Pension Plan The Committee considered a memorandum dated August 18, 2010, from the Director of Finance and the Director of Human Resources regarding the above noted matter.

The Committee recommends, on motion of Councillor Breen; seconded by Councillor Colbert: That the following recommendations of the Director of Finance and the Director of Human Resources be adopted:

a. that SEI Global Institutional Group be appointed to manage the Canadian equity portion of the plan’s portfolio;

b. that Integra Capital Limited be appointed to manage international equity (U.S. and other) and the fixed income portion of the plan’s portfolio; and

c. that the City’s Statement of Investment Policies and Procedures be amended to reflect the change in investment managers and to provide detailed parameters for rebalancing the investment funds between the managers and the specific areas.

6. Accident/Incident Investigation Policy The Committee considered a memorandum dated July 30, 2010, from the Director of Human Resources regarding the above noted matter.

The Committee recommends, on motion of Councillor Breen; seconded by Councillor Galgay: That changes to the attached Accident/Incident Investigation Policy as recommended by the Director of Human Resources be adopted.

7. Financial Support for Meetings and Conventions The Committee considered a memorandum dated August 23, 2010, from the Deputy City Manager/Director of Corporate Services and City Clerk regarding the above noted matter.

The Committee recommends, on motion of Councillor Colbert; seconded by Councillor Hanlon: That the following grants be awarded in accordance with Policy No. 04-09-02: Financial Support for Meetings and Conventions:

a. Canadian Hospice and Palliative Care Conference $1,000 b. Hustle to Get Here Break Dance/Hip Hop Conference $500 c. Atlantic Conference on Inclusive Education Practices $500

- 8 - 2010-09-07

8. Request to Sponsor Municipalities Newfoundland & Labrador President’s Reception The Committee considered a letter dated July 14, 2010, from Mayor Harry Hallett, President – Municipalities Newfoundland and Labrador regarding the above noted matter.

Deputy Mayor Duff noted that the City has already provided MNL with $10,000 in funding towards the upcoming conference. Councillor Hanlon advised that this is a separate request for additional funding for a reception in honour of MNL’s 60th anniversary. A lengthy discussion ensued with it being noted that with some advance planning, MNL could have easily added on a small fee to the registration to cover the cost of the reception. It was suggested that as an alternative, perhaps the City could offer use of the Foran Room for a small reception for the mayors and MNL Executive. Councillor Hanlon indicated she would discuss the matter at MNL’s next meeting, and advise the Committee accordingly.

The Committee recommends, on motion of Councillor Colbert, with Councillor Hanlon opposed; seconded by Councillor Tilley: That the request from MNL to sponsor the President’s Reception be denied.

9. Request to Purchase a Table – Canadian Mental Health Association NL 4th Annual Gala The Committee considered a letter dated July 30, 2010, from George Skinner, Executive Director – Canadian Mental Health Association NL regarding the above noted matter.

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Breen: That the request to purchase a table be denied as it is contrary to City policy.

10. Request for Financial or In-Kind Support for the 50th Anniversary Celebrations of the Art Association of Newfoundland & Labrador The Committee considered a letter dated August 5, 2010, from Tessa Crosbie regarding the above noted matter.

The Committee recommends, on motion of Councillor Colbert; seconded by Councillor Hanlon: That the request for financial or in-kind support be denied as it is contrary to City policy.

11. Request for Funding for ACORN-NL’s Sustainable Farming Conference The Committee considered correspondence from Mark Wilson regarding the above noted matter.

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Colbert: That the request be denied as it is contrary to City policy.

Deputy Mayor Shannie Duff Chairperson

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SJMC2010-09-07/490R It was moved by Deputy Mayor Duff; seconded by Councillor Colbert: That the Committee’s recommendations be approved.

During discussion, the Deputy Mayor advised the general public that the budget consultation process will continue in the same format as last year however, there will be an enhancement in advertising to ensure there is adequate notice given to all citizens.

Following discussion, the motion being put was unanimously carried.

Economic Development & Tourism Standing Committee Report dated August 24, 2010

Council considered the following Economic Development & Tourism Standing Committee Report dated August 24, 2010:

SJMC2010-09-07/491R It was moved by Councillor Hanlon; seconded by Deputy Mayor Duff: That the Committee’s recommendations be approved.

Following a general discussion, the motion being put was unanimously carried.

Regional Fire Services Committee Report dated September 1, 2010

Council considered the following Regional Fire Services Committee Report dated September 1, 2010:

Attendees: Councillor John Walsh, Co-Chairperson, City of Mount Pearl Councillor Tom Hann, Acting Co-Chairperson, City of St. John’s Councillor Dave Aker, City of Mount Pearl Ron Penney, Chief Commissioner/City Solicitor Michael J. Dwyer, Director of Regional Fire Services (Fire Chief) Kevin Breen, Director of Human Resources Dave Blackmore, Director of Building & Property Management Bob Bishop, Director of Finance & City Treasurer Gerard Lewis, Chief Administrative Officer, City of Mount Pearl Scott Lush, Director of Infrastructure & Public Works, City of Mount Pearl Jack Hickey, Deputy Fire Chief Karen Chafe, Recording Secretary

- 10 - 2010-09-07

1. Hiring Process for Firefighters The Committee considered a briefing note from the Director of Regional Fire Services (Fire Chief) outlining the background practices of other fire departments across the country with regard to encouraging females to enter the Fire Service. Of the twenty-six (26) fire departments surveyed, a total of seventeen (17) responded. A synopsis of their feedback is included with the attached briefing note. Following discussion, the Committee on motion of Councillor Hann; seconded by Councillor Aker: recommends Council’s approval of the following course of action proposed by the Director of Regional Fire Services (Fire Chief):

The SJRFD, subject to discussion with the Regional Fire Services Committee, introduce a yearly Departmental awareness program structured similar to Camp FFIT (Ottawa) and Camp Glow (Marine Institute). The intention of this hands-on program would be to provide females with an opportunity to obtain a general awareness of what is involved in firefighting and subsequently determine if they wish to pursue such a profession. This yearly program would be developed and introduced in 2011.

Councillor John Walsh Councillor Tom Hann Co-Chairperson Acting Co-Chairperson

SJMC2010-09-07/492R It was moved by Councillor Breen; seconded by Councillor O’Leary: That the Committee’s recommendations be approved.

The motion being put unanimously carried.

Special Events Committee Report dated September 2, 2010

Council considered the following Special Events Committee Report dated September 2, 2020:

1) Event: Provincial 5 km Road Race Location: Water Street - Patrick Street to Temperance Street Date: Sunday September 12, 2010 Time: 7:45 - 9:00 am

This event will require the above noted road closures.

2) Event: Targa Location: Prince Phillip Drive-Portugal cove Road to Westerland Road Allandale Road- Higgins Line to Elizabeth Avenue Date: September 12, 2010 Time: 2:00 - 6:00 pm

This event will require the above noted road closures.

- 13 - 2010-09-07

THIS WEEK $ 615,695.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

METROBUS 25 MESSENGER DRIVE NC TRANSPORTATION TERMINAL DEPT. OF PUBLIC WORKS 215 WATER ST, 4TH FLOOR RN OFFICE GRAND CONCOURSE AUTHORITY BOULEVARD SW PUBLIC USE

THIS WEEK $ 288,485.00

CLASS: RESIDENTIAL

DAVID LAMBERT 49 ALDERSHOT ST NC ACCESSORY BUILDING ERCO HOMES 8 BANIKHIN PL - LOT 54 NC SINGLE DETACHED DWELLING NORMAN PROPERTIES LIMITED 106 BAY BULLS RD NC ACCESSORY BUILDING THOMAS HENNIFENT 3 BLUE JACKET PL NC ACCESSORY BUILDING AL MICHAEL KORMOS 30 CARMANVILLE ST NC FENCE NOAH HANS HANSEN 82A CARTER'S HILL NC FENCE JASON PENNEY 32 CASTLE BRIDGE DR NC PATIO DECK PRO TECH CONSTRUCTION 82 CASTLE BRIDGE DR, LOT 34 NC SINGLE DETACHED DWELLING PRO TECH CONSTRUCTION 88 CASTLE BRIDGE DR, LOT 37 NC SINGLE DETACHED DWELLING KEN ORGAN 12 CIRCULAR RD NC PATIO DECK HENRY KIELLEY 104 CIRCULAR RD NC PATIO DECK DWIGHT GOODYEAR 116 DOOLING'S LINE NC ACCESSORY BUILDING RODNEY & SHERRY DAWE 159 DOYLE ST NC FENCE DERMOT CONWAY 779 EMPIRE AVE NC FENCE GLEN RUMBOLT 22 EXMOUTH ST NC PATIO DECK BRADLEY A. CABOT 54 FAULKNER ST NC ACCESSORY BUILDING RENEE BRAYBROOK 37 FRANCIS ST NC ACCESSORY BUILDING RENEE BRAYBROOK 37 FRANCIS ST NC FENCE JOHN PROWSE CONSTRUCTION 69 FRANCIS ST, LOT 46 NC SINGLE DETACHED DWELLING JOSEPH & MARGARET JANSON 85 GOLF AVE NC PATIO DECK SPENCER DIAMOND 154 GREEN ACRE DR NC ACCESSORY BUILDING JACQUELINE RUMSEY 234 GREEN ACRE DR NC FENCE BEVERLY BAILEY 3 HICKMAN PL NC FENCE GLYNIS YOUNG 113 HILLVIEW DR W NC FENCE FAIRVIEW INVESTMENTS LIMITED 15 ICELAND PL, LOT 53 NC SINGLE DETACHED DWELLING STUART REID 47 ICELAND PL NC ACCESSORY BUILDING REARDON CONSTRUCTION & JENNMAR CRESCENT, LOTS 90-100 NC FENCE GIBRALTAR DEVELOPMENT 70 JULIEANN PL NC ACCESSORY BUILDING PATRICIA HUMBY 4 KEATS PL NC PATIO DECK JOANNE EVANS 4 MACNAB'S LANE NC ACCESSORY BUILDING DAVID PYE & LYNN BEST 6 MACNAB'S LANE NC ACCESSORY BUILDING PAT GALWAY MAIN ROAD, LOT 2 NC SINGLE DETACHED & SUB.APT SEAN PATRICK MURPHY 9 MARCONI PL NC SINGLE DETACHED DWELLING TONY SILVER 5 MEADOWGREEN PL NC ACCESSORY BUILDING DARREN & MARGARET EARLE 23 MOGRIDGE ST NC ACCESSORY BUILDING ROBERT MORAN 6 MONTGOMERY ST NC SINGLE DETACHED DWELLING NFLD & LABRADOR HOUSING CORP. 35 NASCOPIE CRES NC PATIO DECK NFLD. & LAB. HOUSING CORP. 45 NASCOPIE CRES NC PATIO DECK NFLD. & LAB. HOUSING CORP. 49 NASCOPIE CRES NC PATIO DECK GREGORY J. DUKE & 286 NEW PENNYWELL RD NC ACCESSORY BUILDING STEPHEN D. MEEHAN 35 OTTER DR NC FENCE WALTER & JUDY HUNT 51 PEARCE AVE NC ACCESSORY BUILDING DAVID COFFIN & REBEKAH SLEMIN 27 PEARSON ST NC ACCESSORY BUILDING DAVID COFFIN & REBEKAH SLEMIN 27 PEARSON ST NC FENCE PATSY A. HANRAHAN 73 PENETANGUISHENE RD NC ACCESSORY BUILDING

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MICHAEL MORRELL & 312 PENNYWELL RD NC FENCE JOHN & KIM POWER 68 PERLIN ST NC FENCE JASON HYNES 27 PERLIN ST NC ACCESSORY BUILDING GARETH ARGLE 2 RUSS HOWARD ST NC FENCE PHILLIP HANRAHAN 125 SHOAL BAY RD NC PATIO DECK NEW VICORIAN HOMES 60 SHORTALL ST, LOT 52 NC SINGLE DETACHED DWELLING NEW VICTORIAN HOMES 75 SHORTALL ST - LOT 68 NC SINGLE DETACHED DWELLING GREGORY SMITH 5 VAUGHAN PL NC ACCESSORY BUILDING GEORGE OGILVIE & 9 VEITCH CRES NC FENCE DAVID MILLS 5 WATERFORD HTS S NC PATIO DECK GEORGE & PHYLLIS CREWE 23 ROSS RD CC SINGLE DETACHED DWELLING THE BRIGUS PRODUCTION 35 MONCHY ST CR APARTMENT BUILDING KEITH KRIEGER 14 CUCKHOLD'S COVE RD EX SINGLE DETACHED DWELLING SANDRA STANSBURY 4 HORLICK AVE EX SINGLE DETACHED DWELLING NEIL MURPHY 203 AIRPORT HEIGHTS DR EX SINGLE DETACHED DWELLING ALFRED HYNES 123-125 QUIDI VIDI RD EX PATIO DECK HANN CONSTRUCTION LTD. 12 BANIKHIN PL RN SINGLE DETACHED DWELLING LLEWELLYN LUCAS 82 BATTERY RD RN SEMI-DETACHED DWELLING GLYNIS YOUNG 57 BOYLE ST RN SINGLE DETACHED & SUB.APT ANDREA LANE GARDNER 6 BURIN ST RN SINGLE DETACHED DWELLING TODD HYNES & JANET LAWLOR 2 BURNS PL RN SINGLE DETACHED DWELLING WILLIAM POWER 49 CAMPBELL AVE RN APARTMENT BUILDING CHRISTINA PARKER 16 COLLIER'S LANE RN SINGLE DETACHED DWELLING DAVE CROSBIE 195 EMPIRE AVE RN SUBSIDIARY APARTMENT FRANK CONNORS 15 FEILD ST RN TOWNHOUSING ARTHUR RONALD B. BEST AND 53 GAIRLOCK ST RN SINGLE DETACHED DWELLING NFLD & LABRADOR HOUSING CORP 150-168 BARACHOIS ST RN TOWNHOUSING DAVID FAGNER 42 HAYWARD AVE RN SINGLE DETACHED DWELLING REARDON CONSTRUCTION & DEVELOP 43 JENNMAR CRES RN SINGLE DETACHED DWELLING ALANA HINCHEY 79 MACBETH DR RN SINGLE DETACHED DWELLING BARRY MARTIN 18A MAXSE ST RN SINGLE DETACHED DWELLING JAMES A.PRICE 7 PARADE ST RN TOWNHOUSING GREGORY L. & MARINA K. LUCAS 62 PRINCE OF WALES ST RN SINGLE DETACHED DWELLING WALTER LUSH 12 WATERFORD BRIDGE RD RN SINGLE DETACHED DWELLING RICHARD SEAWARD 18 GOLF AVE SW SINGLE DETACHED DWELLING ROBERT MEYERS 54 HUNTINGDALE DR SW SINGLE DETACHED DWELLING GEOFF TOOTON 24 MOUNTBATTEN DR SW SINGLE DETACHED DWELLING AMBROSE FOLEY, LUCY FOLEY & 13 ST. SHOTTS PL SW SINGLE DETACHED DWELLING

THIS WEEK $ 2,854,338.00

CLASS: DEMOLITION

JOHN ARTHUR MCCLUSKY 145 PATRICK ST DM PATIO DECK LOUISE EVANS 7 SAVANNAH PARK DR DM ACCESSORY BUILDING

THIS WEEK $ 2,000.00

THIS WEEK''S TOTAL: $ 3,760,518.00

REPAIR PERMITS ISSUED: 2010/08/19 TO 2010/08/25 $ 261,624.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS

- 15 - 2010-09-07

CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

2010/09/01 Permits List

CLASS: COMMERCIAL

JACKIE RYAN AVALON MALL, KIOSK CO RETAIL STORE RONA TORBAY ROAD @ WHITE ROSE DR NC RETAIL STORE CLINCHED BISTRO 7-9 QUEEN ST OC RESTAURANT TYRONE W. POWER 1-3 DUCKWORTH ST RN CONVENIENCE STORE LAZ-BOY FURNITURE 50 ABERDEEN AVE MS RETAIL STORE EVER GREEN ENVIRONMENTAL CORP. 79 BLACKMARSH RD MS LIGHT INDUSTRIAL USE EVER GREEN ENVIRONMENTAL CORP. 79 BLACKMARSH RD MS LIGHT INDUSTRIAL USE LANSING PROPERTIES INC. 61 DUCKWORTH ST (RETAIL SPACE) MS OFFICE NLC - HOWLEY - ELIZABETH AVE. 10 ELIZABETH AVE MS ADMIN BLDG/GOV/NON-PROFIT EVERGREEN RECYCLING 92 ELIZABETH AVE MS LIGHT INDUSTRIAL USE DALE CARNEGIE 102-108 KENMOUNT RD MS OFFICE CAPITAL SUBARU 220 KENMOUNT ROAD/SIGNAGE SN CAR SALES LOT SPEEDY GLASS 439 KENMOUNT RD MS COMMERCIAL GARAGE HI-PERFORMANCE 205 LOGY BAY RD MS CLUB ALEX FOLEY ACADEMY OF MARTIAL 484-490 MAIN RD SN COMMERCIAL SCHOOL PETER'S PIZZA 431-435 MAIN RD MS TAKE-OUT FOOD SERVICE NEWFOUNDLAND LIQUOR 8 MERRYMEETING RD MS ADMIN BLDG/GOV/NON-PROFIT INSTA LOANS 36 PEARSON ST MS OFFICE CLINCHED BISTRO LTD. 7-9 QUEEN ST SN RESTAURANT NEWFOUNDLAND LIQUOR CORP. 45 ROPEWALK LANE MS ADMIN BLDG/GOV/NON-PROFIT NEWFOUNDLAND LIQUOR COMMISSION 55 STAVANGER DR MS ADMIN BLDG/GOV/NON-PROFIT NFLD. LIQUOR COMMISSION 474 TOPSAIL RD MS ADMIN BLDG/GOV/NON-PROFIT NORTH ATLANTIC 660 TORBAY RD MS SERVICE STATION PIZZA EXPRESS LIMITED TORBAY ROAD-TORBAY RD MALL MS RESTAURANT PETER'S PIZZA & GOLDEN FOODS 411 TORBAY RD MS RETAIL STORE PETER'S PIZZA & GOLDEN FOODS 411 TORBAY RD MS RETAIL STORE TROPICAL AND MARINE PETS INC. 611 TORBAY RD MS RETAIL STORE PETER'S PIZZA & GOLDEN FOODS 81 MILITARY RD RN RESTAURANT MAGNA CONTRACTING TORBAY RD @ STAVANGER DR NC ACCESSORY BUILDING FURREVER GROOMING 301 LEMARCHANT RD CR SERVICE SHOP PAULINE HICKEY 516 TOPSAIL RD CR OFFICE GLOBAL GYM 92 ELIZABETH AVE RN CLUB PHB GROUP INC. AIRPORT ROAD NC FENCE VILLAGE SHOPPING CENTRE(2006) 430 TOPSAIL RD, INTERIOR RENOS RN RETAIL STORE AMERICAN APPAREL AVALON MALL, AMERICAN APPAREL TI RETAIL STORE

THIS WEEK $ 189,115.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

THIS WEEK $ .00

- 16 - 2010-09-07

CLASS: RESIDENTIAL

TREVOR ANTHONY KING 38 ALMOND CRES NC FENCE JOSEPH & ELIZABETH FRAMPTON 393-395 BACK LINE NC PATIO DECK GEORGE LEAMAN 73 BAIRD PL NC FENCE LAWRENCE ALTEEN AND 73 BRAD GUSHUE CRES NC ACCESSORY BUILDING JOHN GOODLAND 28 CAPE PINE ST NC ACCESSORY BUILDING KEVIN & MAY BURKE 6 CESSNA ST NC ACCESSORY BUILDING BRENDA HYNES 41 COLVILLE ST NC PATIO DECK ALICIA O'BRIEN 25 EASTAFF ST NC PATIO DECK PAMELA STONE 35 FAULKNER ST NC ACCESSORY BUILDING FAMILY HOME CONSTRUCTION LTD. 21 FRANCIS STREET - LOT 68 NC SINGLE DETACHED DWELLING JEFFREY BENNETT 65 FRANCIS ST NC FENCE NORMAN BYRD GEORGINA ST, LOT 366 NC SINGLE DETACHED & SUB.APT PERMABUILT HOMES GEORGINA STREET - LOT 383 NC SINGLE DETACHED & SUB.APT PRECISION ELECTRICAL GEORGINA ST, LOT 375 NC SINGLE DETACHED & SUB.APT ATLANTIC HOMES LTD. GEORGINA ST, LOT 372 NC SINGLE DETACHED DWELLING AUSTIN'S CONTRACTING INC. 6 GEORGINA ST, LOT 427 NC SINGLE DETACHED DWELLING AUSTIN'S CONTRACTING INC. 8 GEORGINA ST, LOT 428 NC SINGLE DETACHED DWELLING AUSTIN'S CONTRACTING INC. 10 GEORGINA ST, LOT 429 NC SINGLE DETACHED DWELLING AUSTIN'S CONTRACTING INC. 12 GEORGINA ST, LOT 430 NC SINGLE DETACHED DWELLING TRIPLE L CONTRACTING 24 GEORGINA STREET LOT 436 NC SINGLE DETACHED & SUB.APT D.WADDEN 146 HIGHLAND DR NC ACCESSORY BUILDING THOMAS NEMEC 56 ICELAND PL NC FENCE REARDON CONSTRUCTION & DEVELOP 35 JENNMAR CRES - LOT 89 NC SINGLE DETACHED DWELLING REARDON CONSTRUCTION & DEVELOP 37 JENNMAR CRES - LOT 90 NC SINGLE DETACHED DWELLING MICHAEL PARSONS 3 JORDAN PL NC SINGLE DETACHED DWELLING JOHN MARTIN 29 KINCAID ST NC FENCE EUGENE PAYNE 37 KINCAID ST NC ACCESSORY BUILDING HEATHER MANUEL 14 LADY ANDERSON ST NC FENCE KEITH LUSH LADYSMITH DR, LOT 419 NC SINGLE DETACHED DWELLING JOSEPH DUNPHY 151 BLUE PUTTEE DR NC FENCE DONALD & JOANNE EVANS 4 MACNAB'S LANE NC FENCE ALFRED & JUDY TURNER 45 NAVAJO PL NC ACCESSORY BUILDING CYRIL & JUDY RICHE 12 PEPPERTREE PL NC ACCESSORY BUILDING WILLIAM BYRD PETITE FORT DRIVE - LOT 351 NC SINGLE DETACHED & SUB.APT WILLIAM BYRD PETITE FORTE DR, LOT 350 NC SINGLE DETACHED & SUB.APT PERHAM HOMES LTD. PETITE FORTE DR, LOT 328 NC SINGLE DETACHED DWELLING ATLANTIC HOMES LIMITED PETITE FORTE DRIVE - LOT 320 NC SINGLE DETACHED DWELLING JOHN & CAROL READE 58 PORTUGAL COVE RD NC ACCESSORY BUILDING ATLANTIC HOMES LTD. ROSALIND ST, LOT 385 NC SINGLE DETACHED & SUB.APT MATT EGGINTON SAVANNAH PARK DR, NEXT TO 7 NC SINGLE DETACHED DWELLING RICHARD HOWLELL 13 SHANNON PL NC PATIO DECK EPIC CONSULTING SERVICES INC. 16 TOBY MCDONALD ST, LOT 261 NC SINGLE DETACHED & SUB.APT J. PERCY MCDONALD AND 138 WATERFORD BRIDGE RD NC FENCE LARRY MAHER 140 1/2 WATERFORD BRIDGE RD NC FENCE PENNY O'DEA 2-4 CAMPBELL AVE CO SUBSIDIARY APARTMENT ANITA MILLER 6 NORTH DR CO DAY CARE CENTRE RICHARD M. SQUIRES 29 ENNIS AVE EX PATIO DECK TERRENCE EDWARDS 30 HUSSEY DR EX SINGLE DETACHED DWELLING CHRIS O'BRIEN 48 PALM DR EX PATIO DECK PHILIP SNOW 105 RENNIE'S MILL RD EX SINGLE DETACHED DWELLING MICHELLE WHELAN 25 ALEXANDER ST RN SINGLE DETACHED DWELLING NFLD & LABRADOR HOUSING CORP. 271A BLACKMARSH ROAD RN TOWNHOUSING NFLD & LABRADOR HOUSING CORP 287-337 BLACKMARSH RD RN TOWNHOUSING NEIL BROWNE 93 BRAD GUSHUE CRES RN SINGLE DETACHED DWELLING BERNIE SCOTT 106 BROOKFIELD RD RN SINGLE DETACHED DWELLING JILL E. BLACKMORE 58 CHARTER AVE., APT. 202 RN APARTMENT BUILDING CRAIG KNICKEL 17 FOREST RD RN SEMI-DETACHED DWELLING ROSS COATES 307 FRESHWATER RD RN SINGLE DETACHED DWELLING FRANK MCDONALD 47 HEAVY TREE RD RN SINGLE DETACHED DWELLING ANDREW HARDING 24 JOHN ST RN TOWNHOUSING GEOFF YOUNGHUSBAND 3 KNIGHT ST RN SEMI-DETACHED DWELLING BLAIR FRASER 16 LESLIE ST RN SINGLE DETACHED DWELLING

- 17 - 2010-09-07

ADRIAN SUTTON/MARY E. SQUIRES 66 LIVINGSTONE ST RN SEMI-DETACHED DWELLING ELIZABETH OLIVER 23 MONKSTOWN RD RN SEMI-DETACHED DWELLING JING XU 26 MULLOCK ST RN TOWNHOUSING STEPHANIE RYAN 20 NEW COVE RD RN SINGLE DETACHED DWELLING RYAN MAARSCHALK 1 NORTHERN RANGER ST RN SINGLE DETACHED DWELLING PATRICIA A. CROKE & PHILIP 105 RENNIE'S MILL RD RN SINGLE DETACHED DWELLING GAIL MURPHY 59 SPRINGDALE ST RN SINGLE DETACHED DWELLING MICHAEL O'DEA 43-45 YOUNG ST RN APARTMENT BUILDING NEBOJSA & MORRISSETTE DENIC 50 CARRICK DR SW SINGLE DETACHED DWELLING RONALD KINNIE 27 GIL EANNES DR SW SINGLE DETACHED DWELLING SCOTT YOUNG AND CORALIE YOUNG 25 LADY ANDERSON ST SW SINGLE DETACHED & SUB.APT BRIAN NOSEWORTHY 631 SOUTHSIDE RD SW SINGLE DETACHED DWELLING BARBARA CLARE RANDELL 757 THORBURN RD SW SINGLE DETACHED DWELLING

THIS WEEK $ 5,055,425.00

CLASS: DEMOLITION

WILLIAM J. BROWNE 23 PATRICK ST DM SINGLE DETACHED DWELLING MOORE HOLDINGS LTD QUIDI VIDI VILLAGE RD DM SCHOOL

THIS WEEK $ 27,000.00

THIS WEEK''S TOTAL: $ 5,271,540.00

REPAIR PERMITS ISSUED: 2010/08/26 TO 2010/09/01 $ 244,500.00

LEGEND

CO CHANGE OF OCCUPANCY TI TENANT IMPROVEMENTS CR CHNG OF OCC/RENOVTNS SN SIGN EX EXTENSION MS MOBILE SIGN NC NEW CONSTRUCTION CC CHIMNEY CONSTRUCTION OC OCCUPANT CHANGE CD CHIMNEY DEMOLITION RN RENOVATIONS DV DEVELOPMENT FILE SW SITE WORK DM DEMOLITION

Payrolls and Accounts

SJMC2010-09-07/495R It was decided on motion of Councillor Hann; seconded by Councillor Hickman: That the following Payrolls and Accounts for the weeks ending August 26 and September 2, 2010 be approved:

Weekly Payment Vouchers For The Week Ending August 26, 2010

- 18 - 2010-09-07

PAYROLL

Public Works $ 338,143.72 Bi-Weekly Casual $ 160,626.02

ACCOUNTS PAYABLE $ 1,582,377.57

Total: $ 2,081,147.31

Weekly Payment Vouchers For The Week Ending Sept. 2, 2010

PAYROLL

Public Works $ 601,991.11 Regional Fire Services $ 598,172.50 Bi-Weekly Management $ 337,385.18 Bi-Weekly Administration $ 69,650.36

ACCOUNTS PAYABLE $ 2,703,145.23

Total: $ 4,937,344.38 Tenders

a. Tender – Supply of Sports Bleachers b. Tender – Paving Martin’s Meadow Walkways

SJMC2010-09-07/496R It was moved by Councillor Hann; seconded by Councillor Hickman: That the recommendations of the Director of Finance and City Treasurer be approved and the tenders awarded as follows:

a. Provincial Fence in the amount of $33,000.00 (taxes not included) b. Pyramid Construction in the amount of $29,450.00 (taxes not included)

- 19 - 2010-09-07

The motion being put was unanimously carried.

City of St. John’s 2010-2013 Corporate Strategic Plan

His Worship the Mayor presented for the information of the general public the City of St. John’s 2010-2013 Corporate Strategic Plan.

31 Diana Road – Fire Hydrant Easement

Council considered a memorandum dated August 24, 2010 from the City Manager regarding the above noted.

SJMC2010-09-07/497R It was moved by Councillor Tilley; seconded by Councillor Galgay: That the recommendation of the City Manager that an easement required by the City at 31 Diana Road in order to install a fire hydrant be acquired for $500 plus legal fees, be approved.

The motion being put was unanimously carried.

71 Bay Bulls Road, Frank Hearn

Council considered a memorandum dated August 30, 2010 from the City Manager regarding the above noted.

SJMC2010-09-07/498R It was moved by Councillor Collins; seconded by Councillor Tilley: That Notice of Expropriation be executed for land at 71 Bay Bulls Road required by the City for stream improvements.

The motion being put was unanimously carried.

Phone Poll Ratification

SJMC2010-09-07/499R It was decided on motion of Councillor Hickman; seconded by Councillor Hann: That the following phone poll be ratified:

2020 Infrastructure Maintenance – Contract 3 Concrete Curb, Gutter and Sidewalk – West End Awarded to second bidder Infinity Construction Ltd.

- 20 - 2010-09-07

for $586,816.88 (tax incl.)

7A Vanguard Court

Council considered a memorandum dated September 3, 2010 from the City Manager regarding the above noted.

SJMC2010-09-07/500R It was moved by Deputy Mayor Duff; seconded by Councillor Hann: That the recommendation of the City Manager that a Quit Claim Deed be executed in relation to property 7A Vanguard Court, due to there being a registered document erroneously indicating that the subject land is owned by the City, be approved.

The motion being put was unanimously carried.

On-Line Registration – Recreation Program

Council considered as information a memorandum dated September 7, 2010 from the Acting Director of Recreation regarding the above noted.

Economic Update – September 2010

Council considered as information the September 2010 Economic Update. Councillor Hanlon reviewed the report which noted that a recent survey says St. John’s has the lowest vacancy rate for both office and industrial space and the highest rental rates in Atlantic Canada. Another survey by Turner Drake and Partners Ltd. found that Class A office space is now fully occupied.

Councillor Hann commented on the availability of Class A office space and the need for the City to arrive at a consensus on how to approach development while at the same time maintaining the heritage and character of the City. Councillor Hann referenced a recent Telegram Article by Mr. Derek Sullivan, Chair, St. John’s Board of Trade, titled “Building up St. John’s”.

His Worship the Mayor encouraged all members of Council to read the article, noting that the Board of Trade acknowledges the challenges the City is facing on the issue of development in the City noting it is up to all parties to make it happen.

- 21 - 2010-09-07

Councillor Galgay commended Mr. Sullivan on the article. He listed a number of new developments the City has supported and praised the City on doing a commendable job in balancing development with the historic ambience.

Deputy Mayor Duff indicated that the economic road maps are a very interesting exercise, and an economic summary because it provides useful information. She noted that though the City has an economic opportunity for its tax base, an escalation in the cost of living and housing impacts the student population; lower income population; seniors, many of whom are moving into that fixed income category.

In referencing Mr. Derek Sullivan’s article, she noted she was impressed with the way he has been communicating and reaching out to the community. She pointed out that the Smart Group, whose interest is in good urban development particularly as it relates to downtown, made that initial approach to Mr. Sullivan.

On the issue of the Class A office space, she questioned how Class A office space is defined. She noted it should be recognized that the City will very soon be opening a 100,000 square foot Class A office space development at the old Littledale complex, and further, that the City agreed to a zoning change to remove the block west of Steers Cove out of the heritage conservation area to provide for the additional densities that Class A office space would need. She noted that the 15 metre height requirement was put in place in small conservation areas to encourage the adaptive reuse of existing buildings, indicating the City needs to create other kinds of uses that will balance and keep the character of the downtown and its tourist attraction. She noted she is looking forward to continued dialogue with the Board of Trade.

Letter dated August 31, 2010 from Chief of Police, Mr. R.P. Johnson, thanking Council and the citizens of St. John’s for conferring upon the RNC the “Freedom of the City”

Council acknowledged the above noted letter.

- 22 - 2010-09-07

The Bowring Park Master Plan

Council considered a memorandum dated September 1, 2010 from the City Manager regarding the above noted.

SJMC2010-09-07/501R It was moved by Councillor Hann; seconded by Councillor Collins: That the City provide $120,000 towards one of the phases of the implementation of Bowring Park Master Plan adopted by Council; the total cost estimated to be $240,000 of which $120,000 will be contributed by the Foundation.

The Acting Director of Public Works and Parks presented a diagram of the changes proposed which involves the realignment of the roadway on the north side of the Bungalow and its conversion into a pedestrian walkway only; the installation of an electronic control arm at the east entrance of the Park near the Lodge; the refurbishing and upgrading of all the trails on the north side of the park, including those which lead to the Caribou and the Beaumont Hamel Plaques; and the widening and repaving the south side of the present loop around the Bungalow.

During discussion, the Deputy Mayor suggested that staff look at incorporating a cycling lane before finalizing the proposed design. Council concurred.

Following discussion, the motion being put was unanimously carried.

Deputy Mayor Duff

Deputy Mayor raised the situation with respect to flooding disaster in Pakistan and noted that the local Pakistanian Community are arranging a fundraising event to aid the flood victims, and encouraged members of Council and the community at large to come out in support of the victims at this difficult time.

Councillor O’Leary

Councillor O’Leary offered condolences to the family of the late Ann Marie Shirran.

- 23 - 2010-09-07

Councillor O’Leary advised residents there will be an Open House of the City’s Animal Care and Adoption Centre located at 81 Higgins Line (adjacent to the Howley Building) from 2:00 to 4:00 p.m. on Sunday, September 12th, 2010.

Councillor O’Leary mentioned information in relation to the City of Toronto’s financial support to artists, and a group called “Art Vote” who lobbied the City of Toronto who subsequently voted in August to increase their art funding to $25 per capita by 2013. She noted she intends to raise the issue with the Arts Advisory Committee to advocate for increased support from the City.

Councillor Hann

Councillor Hann advised that Metrobus Transit is conducting a comprehensive review of public transit in the greater St. John's area, and as part of this review, public input is being sought. A public meeting will be held in the E. B. Foran Room at St. John's City Hall at 7:00 p.m. on Tuesday, September 14th, 2010.

Councillor Hann expressed concern over the decline in Federal presence in the form of employment not only in the City but throughout the Province. He noted as well a significant decline in Military presence. His Worship the Mayor noted that he has asked the Department of Tourism, Culture and Economic Development to carry out an analysis of the impact of that decline and will take appropriate action once the information becomes available.

Councillor Colbert

Councillor Colbert advised residents that the boarding being installed along the Boulevard is due to the construction of the DND building, in order to protect the threat to the trees and banks along the area.

Councillor Colbert noted the lack of road lines on newly paved areas, and asked if temporary lines could be installed in heavy traffic areas in the interest of public safety. The matter was referred to the Director of Public Works and Parks for followup.

- 24 - 2010-09-07

Councillor Breen

Councillor Breen advised that the consultant’s report on the East End Odor problem should be available by the end of this month.

Councillor Breen advised that Habitat for Humanity project on Charter Avenue is running into labour problems due to lack of volunteers. He made a plea especially to specialized trades people to consider volunteering some of their time towards the project.

Councillor Galgay

Councillor Galgay advised of a public hearing to be conducted by an Independent Commissioner appointed by Council to consider St. John's Municipal Plan Amendment Number 85, 2010 and St. John's Development Regulations Amendment Number 489, 2010 to be held on Wednesday, September 15, 2010, beginning at 7:00 PM in the Foran/Greene Room, 4th Floor, City Hall.

Councillor Tilley

Councillor Tilley advised that a meeting was held with the developer regarding the proposed Diamond Marsh Subdivision and another is pending. He noted a final decision on the proposed development will be made within the next few weeks.

Councillor Hanlon

Councillor Hanlon tabled a letter from Mr. J. F. Cull regarding a traffic issue on Stamp’s Lane and Freshwater Road and asked that it be referred to the Police and Traffic Committee for follow-up.

Councillor Hanlon commended members of the cast of The Republic of Doyle on their nominations for Gemini Awards.

Councillor Hanlon advised that she along with Councillor Tilley met with members of the Newfoundland and Labrador Home Builders Association concerning construction guidelines etc. and will continue to negotiate with them on the issues.

- 25 - 2010-09-07

She tabled information which can be obtained at the City’s Access Centre, City Hall.

Councillor Hanlon noted that the City is creating a Strategic Economic Roadmap to help guide the City’s economy for the next ten years, and is anticipated to be completed by 2010.

Councillor Hanlon also tabled the State of the Economy – St. John’s Metro, Report, which she noted can be accessed online. She commended staff on their work in the preparation of the report.

Councillor Collins Councillor Collins indicated that he has received complaints from residents of Southlands that contractors are leaving garbage in the area. He asked that the matter be referred to staff for followup.

His Worship the Mayor

His Worship the Mayor noted concern over safety incidents with flag personnel working on various job sites. He asked people to be very mindful of those workers when approaching the various job sites.

Adjournment

There being no further business, the meeting adjourned at 6:20 p.m.

______MAYOR

______CITY CLERK May 30, 2011

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall at 4:30 p.m. today.

Acting Mayor Duff presided.

There were present also Councillors O’Leary, Hickman, Hann, Breen, Galgay, Tilley, Hanlon and Collins.

Regrets: His Worship the Mayor and Councillor Colbert

The City Manager; Deputy City Manager/Director of Corporate Services & City Clerk; Deputy City Manager/Director of Public Works & Parks; Director of Planning; Director of Engineering; City Solicitor; and the Recording Secretary were also in attendance.

Adoption of the Agenda

SJMC2011-05-30/285R It was decided on motion of Councillor Breen; seconded by Councillor O’Leary: That the Agenda be adopted as presented with the following additional items:

a. Media Release re: School Travel Planning Program

b. Bannerman Park Foundation Executive Committee Report – May 26, 2011

c. Memorandum dated May 30, 2011, from Mayor O’Keefe re: Travel Authorization to attend the Big City Mayor’s Caucus in Halifax, NS

d. Letter of Opposition from Don & Marie Callahan re: Mary Brown’s Restaurant Application – Civic No. 632 Topsail Road

Adoption of the Minutes

SJMC2011-05-30/286R It was decided on motion of Councillor Collins; seconded by Councillor Hanlon: That the minutes of the meeting held on May 24, 2011, be adopted as presented.

- 2 - 2011-05-30

2011 Asphalt Sidewalk Replacement Program

Under business arising, Council considered a memorandum dated May 13, 2011, from the Director of Engineering regarding the above noted matter.

SJMC2011-05-30/287R It was moved by Councillor Hickman; seconded by Councillor Hann: That Council authorize the call for public tenders for the work for the following streets under the 2011 Asphalt Sidewalk Replacement Program:

a. Empire Avenue – north side from Newtown Road to Cairo Street b. Rankin Street c. Salisbury Street – Malta Street to Cairo Street d. McNeil Street (Provisional Work)

Owners of the property along which concrete sidewalk is installed under the 2011 Asphalt Sidewalk Replacement Program will be assessed for the new concrete sidewalk in accordance with the City of St. John’s Assessment Policy. The assessment rate which Council has approved for 2011 for new sidewalk is $23.30 per metre of frontage.

Councillor Galgay noted the importance of the Asphalt Sidewalk Replacement Program, and he indicated that there were a significant number of streets considered under this program. City staff inspected the various streets with asphalt sidewalks to prioritize those to be replaced.

The motion being put was unanimously carried.

Application to Rezone Property – Civic No. 181 Hamilton Avenue (Ward 2) – Roosevelt Properties

Under business arising, Council considered a memorandum dated May 25, 2011, from the Director of Planning regarding the above noted matter.

SJMC2011-05-30/288R It was moved by Councillor Galgay; seconded by Councillor Tilley: That Council adopt the following resolutions for St. John’s Municipal Plan Amendment No. 93, 2011, and St. John’s Development Regulations Amendment No. 510, 2011, and that Council appoint Wayne Thistle, Q.C., who is a member on the City’s commissioner list, as the commissioner to conduct a public hearing on the amendments regarding the property at Civic No. 181 Hamilton Avenue:

- 3 - 2011-05-30

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 93, 2011

WHEREAS the City of St. John’s wishes to allow the redevelopment of the former CEI Club at Civic Number 181 Hamilton Avenue as a residential apartment building.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan under the provisions of the Urban and Rural Planning Act:

“Redesignate the property at Civic Number 181 Hamilton Avenue from the Open Space Land Use District to the Residential Medium Density Land Use District as shown on Map III - 1A attached.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on Behalf of Council this 30th day of May, 2011.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______

Mayor

______City Clerk MCIP

Councillor O’Leary noted that she had chaired the public meeting on this application, and it was evident that the neighbours were not opposed to the development but were concerned with the possible impact on Victoria Park and on parking in the area.

- 4 - 2011-05-30

- 5 - 2011-05-30

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 510, 2011

WHEREAS the City of St. John’s wishes to allow the redevelopment of the former CEI Club at Civic Number 181 Hamilton Avenue as a residential apartment building.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations under the provisions of the Urban and Rural Planning Act:

“Rezone the property at Civic Number 181 Hamilton Avenue from the Open Space (O) Zone to the Apartment Medium Density (A2) Zone as shown on Map Z–1A attached.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on Behalf of Council this 30th day of May, 2011.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______Mayor

______

Director of Corporate Services/ MCIP City Clerk

- 6 - 2011-05-30

The motion being put was unanimously carried.

- 7 - 2011-05-30

Application to Rezone Property – Civic No. 23 Bell Street (Ward 2) – Henry Bell Developments Ltd.

Under business arising, Council considered a memorandum dated May 25, 2011, from the Director of Planning regarding the above noted matter.

SJMC2011-05-30/289R It was moved by Councillor Galgay; seconded by Councillor Hanlon: That Council adopt the following resolutions for St. John’s Municipal Plan Amendment No. 94, 2011, and St. John’s Development Regulations Amendment No. 511, 2011, and that Council appoint Wayne Thistle, Q.C., who is a member on the City’s commissioner list, as the commissioner to conduct a public hearing on the amendments regarding the property at Civic No. 23 Henry Street:

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 94, 2011

WHEREAS the City of St. John’s wishes to redesignate the property at Civic Number 23 Henry Street to allow the development of a residential condominium development/parking garage development incorporating the site.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan under the provisions of the Urban and Rural Planning Act:

“Redesignate the property at Civic Number 23 Henry Street from the Residential Downtown Land Use District to the Commercial Downtown Land Use District as shown on Map III–1B attached.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on Behalf of Council this 30th day of May, 2011.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______

Mayor ______

City Clerk

MCIP - 8 - 2011-05-30

- 9 - 2011-05-30

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 511, 2011

WHEREAS the City of St. John’s wishes to rezone the property at Civic Number 23 Henry Street to allow the development of a residential condominium development/parking garage development incorporating the site.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations under the provisions of the Urban and Rural Planning Act:

“Rezone the property at Civic Number 23 Henry Street from the Residential Downtown (RD) Zone to the Commercial Central Mixed Use (CCM) Zone as shown on Map Z-1B attached.”

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on Behalf of Council this 30th day of May, 2011.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______Mayor

______

Director of Corporate Services/ MCIP City Clerk

- 10 - 2011-05-30

The motion being put was unanimously carried.

- 11 - 2011-05-30

Notice of Motion – St. John’s Truck Traffic By-Law

SJMC2011-05-30/290R Pursuant to a Notice of Motion, it was moved by Councillor Hann; seconded by Councillor Hanlon: That the following St. John’s Truck Traffic (Amendment No. 1- 2011) By-Law be adopted:

BY-LAW NO.

ST. JOHN’S TRUCK TRAFFIC (AMENDMENT NO. 1 – 2011) BY-LAW

PASSED BY COUNCIL ON MAY 30, 2011

Under and by virtue of the powers conferred by Sections 188 and 189 of the Highway Traffic Act, RSNL 1990 c.H-3 and pursuant to a delegation of power by the Minister of Works, Services and Transportation dated April 27, 1990, the City of St. John’s enacts the following by-law relating to the control of truck traffic within the City of St. John’s.

BY-LAW

1. This By-Law may be cited as the “St. John’s Truck Traffic (Amendment No. 1 – 2011) By-Law”.

2. Appendix A to the St. John’s Truck Traffic By-Law is amended by removing the period at the end of the text and adding the following:

“and also includes Water Street from Prescott Street to Waldegrave Street”.

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By- Law has been signed by the Mayor and City Clerk this 30th day of May, 2011.

MAYOR

CITY CLERK

- 12 - 2011-05-30

The motion being put was carried unanimously.

- 13 - 2011-05-30

Notice of Motion – St. John’s Water Meter By-Law and Premises Isolation By-Law

SJMC2011-05-30/291R Pursuant to a Notice of Motion, it was moved by Councillor Hickman; seconded by Councillor Tilley: That the following Water Meter By-Law and Premises Isolation By-Law be adopted:

BY-LAW NO.

WATER METER BY-LAW

PASSED BY COUNCIL ON MAY 30, 2011

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17 as amended and all other powers enabling it the City of St. John’s enacts the following By-Law relating to the installation of water meters.

BY-LAW

1. This By-Law may be cited as the “St. John’s Water Meter By-Law”.

2. In this By-Law:

(a) “inspector” means any person designated by council to administer and enforce this By-Law.

SCOPE AND APPLICATION

3. (1) This By-Law shall apply to new and existing properties.

(2) Water meters shall be installed in all properties, except properties with fewer than 3 Dwelling Units or properties with a Home Office.

(3) Properties which are exempt under subsection (2) shall, where they are the result of new construction or which have been expanded shall ensure sufficient accessible space is identified, allocated and maintained for future installation of a water meter.

4. (1) All water supplied to a property, except that flowing for fire protection or suppression, shall be metered.

(2) Notwithstanding subsection (1), where appropriate in the opinion of the inspector, water supplied to a property flowing for fire protection or suppression may be metered.

- 14 - 2011-05-30

(3) Water shall be considered to be supplied to a property at the point of entry into the lateral.

METER INSTALLATION INSPECTION AND TESTING

5. The city shall supply and install water meters and meter reading equipment. All water meters and reading equipment installed by the city remain the property of the city.

6. (1) Water meters shall be located inside the structure before any branch or connection and must be installed within the first 3 metres of pipe where the water service enters the structure, unless otherwise approved by the inspector. The location shall be a heated non- confined space and be accessible by the inspector.

(2) Notwithstanding subsection (1) the inspector may require a water meter to be located at the property line in a heated, above ground, non-confined space structure which structure shall meet ASSE 1060, Class 1 – American Society of Safety Engineers and which shall be accessible by the inspector.

(3) The pipe to which a water meter is attached shall be in a continuous unobstructed space and be accessible by the inspector.

7. Water meters and meter reading equipment may be inspected and tested at the discretion of the inspector.

METER SIZING

8. (1) For service lines less than 50 mm the property owner shall provide flow requirement information to the inspector. Based upon the information provided the inspector shall determine the meter size.

(2) For service lines equal to or greater than 50 mm a professional engineer shall provide flow requirement information to the inspector. Based upon the information provided the inspector shall determine the meter size.

RESPONSIBILITIES OF PROPERTY OWNER

9. The property owner shall:

(a) where a power supply is required to operate the water meter and meter reading equipment supply power to the water meter and meter reading equipment,

(b) carry out all necessary modifications or alterations to the property as directed by the inspector so as to allow for proper meter and meter reading equipment installation;

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(c) bear the cost of repairing or replacing a damaged meter or meter reading equipment, excepting normal wear and tear; and

(d) provide access to the inspector for the purposes of inspection, testing, repair and/or replacement of the water meter and meter reading equipment as directed by the inspector.

10. (1) Only the inspector can remove a water meter or meter reading equipment.

(2) By-passing of the water meter is not permitted without written approval of the inspector.

(3) Tampering with, manipulation of, or interference with the water meter is prohibited.

WATER SUPPLY

11. The inspector may stop the supply of water to a property during the repair, replacement or testing of the water meter or meter reading equipment.

PENALTIES

12. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for under section 403 of the City of St. John’s Act.

13. In addition to the penalty provided for in section 12, failure to comply with the provisions of this By-Law may result in the stopping of the supply of water to the property affected.

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By-Law has been signed by the Mayor and City Clerk this 30th day of May, 2011.

MAYOR

CITY CLERK

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BY-LAW NO.

PREMISES ISOLATION BY-LAW

PASSED BY COUNCIL ON MAY 30, 2011

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to premises isolation and cross connection control.

BY-LAW

1. This By-Law may be cited as the “St. John’s Premises Isolation By-Law”.

2. In this By-Law:

(a) “qualified person” means a person licensed by the City of St. John’s to carry out the functions and duties specified in Schedule A of this By-Law.

(b) “inspector” means any person designated by Council to administer and enforce this By-Law.

LICENSING

3. (1) A qualified person shall be licensed by the City before carrying out work required by this By-Law within the City.

(2) The application for a license shall include:

(a) name; (b) business address and location, if different from business address; (c) proof of Atlantic Canada Water and Wastewater Association training and certification or equivalent from another jurisdiction acceptable to the inspector; and (d) such other information as may be required by the inspector.

(3) A license issued under this By-Law is not transferrable.

(4) A license shall be valid for a maximum of one year from the date of issue.

(5) All licenses issued under this By-Law shall be for a period of 12 months from the date of issue.

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(6) The fee for a license shall be set by council from time to time.

PERMITS

4. (1) A permit is required for all work related to the installation and maintenance of a premises isolation system including, but not limited to, installation, testing, alteration, renewal or repair of premises isolation backflow prevention devices.

(2) A permit shall only be issued to a qualified person who holds a valid license issued under this By-Law.

(3) The application for a permit shall include:

(a) name of the qualified person, (b) name of the owner of the property at which work is to be carried out, (c) location at which work is to be carried out, (d) description of the work, and (e) such other information as the inspector may require.

(4) The inspector may refer any application for a permit to such other agencies, jurisdictions or departments for review and approval as he deems necessary or as required by law prior to granting a permit.

(5) The application shall be reviewed by the inspector and if found to be in conformity with this By-Law and all other applicable legislation the inspector may issue a permit for the work proposed upon receipt of the appropriate permit fee, which fee shall be set by council from time to time.

(6) The inspector may, upon granting a permit, impose such conditions as may be necessary to fulfill the requirements of this By-Law. Such conditions or requirements shall be outlined to the applicant in writing prior to, or upon the granting of, the permit.

SCOPE AND APPLICATION

5. (1) This By-Law shall apply to new and existing properties.

(2) Premises isolation backflow prevention devices shall be installed on all water laterals supplying water to a property, except properties with fewer than 3 Dwelling Units or properties with a Home Office.

(3) Properties which are exempt under subsection (2) shall, where they are the result of new construction or have been expanded, ensure sufficient accessible space is identified, allocated and maintained for future installation of a premises isolation backflow prevention device.

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PROGRESS OF WORK

6. All work carried out under this By-Law shall be performed under the supervision and direction of a qualified person.

7. (1) Any and all work for which a permit has been issued shall be accessible by the inspector.

(2) Where any work or part thereof is covered it shall be uncovered and made accessible as directed by the inspector at the cost of the permit holder.

8. During any inspection deficiencies that are noted will be listed by the inspector on a Deficiency Notice and a copy of the Deficiency Notice issued to the permit holder and property owner.

9. A copy of the permit shall be kept posted in a conspicuous place at the location of the work for the duration of the work.

10. All permits issued by the inspector under the provisions of this By-Law shall expire six (6) months from the date of issue, unless otherwise noted on the permit.

RESPONSIBILITIES OF PROPERTY OWNER

11. The property owner shall ensure:

(1) that a qualified person determines the level of hazard at their property using an industry standard acceptable to the inspector,

(2) that where the level of hazard at their property cannot be determined with reference to an industry standard acceptable to the inspector that a professional engineer, being a qualified person within the meaning of this By-Law, be retained to determine the level of hazard, provided that final determination of the level of hazard shall be subject to approval by the inspector,

(3) that no unauthorized connection is made to their system that may increase the level of hazard of the property, and

(4) where the use of the property changes, major renovations are carried out at the property or whenever required by the inspector the level of hazard at the property shall be re-determined.

12. The property owner is solely responsible for the purchase, installation, testing, maintenance, repairs and replacement of premises isolation backflow prevention devices.

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STANDARDS

13. (1) All premises isolation backflow prevention devices must be CSA approved for the application in which they are to be used and for the orientation in which they are to be installed.

(2) Installation, maintenance and testing of premises isolation backflow prevention devices shall comply with applicable city standards.

(3) Notwithstanding the provisions of subsections (1) and (2) the City may stipulate the type of premises isolation backflow prevention device to be used.

(4) Above ground structures for housing premises isolation backflow prevention devices shall comply with the requirements of ASSE 1060, Class 1 – American Society of Safety Engineers.

LOCATION OF DEVICES

14. (1) For properties without a private hydrant premises isolation backflow prevention devices are to be located inside the structure before any branch or connection and must be installed within the first 3 metres of pipe where the water service enters the structure, unless otherwise approved by the inspector. The location shall be heated and a non- confined space. Separate premises isolation backflow prevention devices are required for domestic and sprinkler/standpipe lines.

(2) For properties with a private hydrant premises isolation backflow prevention devices shall be located at the property line in a heated, above ground, non-confined space structure. The structure shall be located before any branch or connection and within 40 metres of where the lateral crosses the property boundary. Premises isolation backflow prevention devices are required for domestic, hydrant and sprinkler/standpipe lines.

(3) Notwithstanding subsection (2), where appropriate in the opinion of the inspector, the premises isolation backflow prevention devices for a property with a private hydrant may be located inside the structure before any branch or connection and must be installed within the first 3 metres of pipe where the water service enters the structure with the location being heated and a non-confined space. Separate premises isolation backflow prevention devices are required for domestic, hydrant and sprinkler/standpipe lines.

(4) The pipe to which a premises isolation backflow prevention device is attached shall be in a continuous unobstructed space and be accessible by the inspector.

INSTALLATION, INSPECTION, TESTING AND MAINTENANCE

15. Where a premises isolation backflow prevention device is required all laterals are to be fully isolated from the city’s water distribution system. - 20 - 2011-05-30

16. Bypass of, tampering with, interference with or manipulation of a premises isolation backflow prevention device is prohibited.

17. Faulty or inoperable premises isolation backflow prevention devices are to be immediately taken out of service and repaired or replaced in a manner acceptable to the inspector.

18. Installation, inspection, testing, maintenance, repair and replacement of premises isolation backflow prevention devices is to be done by a qualified person in accordance with city standards.

19. The property owner shall provide access to the inspector for the purposes of inspection and testing of the premises isolation backflow prevention device.

20. Premises isolation backflow prevention devices are to be tested upon installation, following maintenance and repair, annually and as required by the inspector and a copy of the test results, together with confirmation that the premises isolation backflow device is functioning correctly, shall be provided to the inspector.

PENALTIES

21. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for under section 403 of the City of St. John’s Act.

22. In addition to the penalty provided for in section 21, failure to comply with the provisions of this By-Law may result in revocation of licenses and permits issued under this By-Law and/or result in the stopping of the supply of water to the property affected.

23. Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the city for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license or permit issued pursuant to this By-Law until such time as all outstanding fines have been paid and proof of payment, in a form acceptable to the inspector, has been provided to the inspector.

IN WITNESS WHEREOF the Seal of the City of St. John’s has been hereunto affixed and this By- Law has been signed by the Mayor and City Clerk on behalf of the St. John’s Municipal Council this 30th day of May, 2011.

MAYOR

CITY CLERK

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Notice of Motion – St. John’s Fire Hydrant By-Law

SJMC2011-05-30/292R Pursuant to a Notice of Motion, it was moved by Councillor O’Leary; seconded by Councillor Collins: That the following St. John’s Fire Hydrant (Amendment No. 1 – 2011) By-Law be adopted:

BY-LAW NO.

ST. JOHN’S FIRE HYDRANT (AMENDMENT NO. 1 – 2011) BY-LAW

PASSED BY COUNCIL ON FEBRUARY MAY 30, 2011

Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the regulation of fire hydrants.

BY-LAW

1. This By-Law may be cited as the “St. John’s Fire Hydrant (Amendment No. 1 – 2011) By- Law.

2. The following is added to the St. John’s Fire Hydrant By-Law as section 3.1:

“3.1 Private Fire Hydrants shall be used only for fire protection and suppression unless otherwise authorized by the Director of Public Works and Parks.”

IN WITNESS WHEREOF the Seal of the City of St. John’s was hereunto affixed and this By-Law has been signed by the Mayor and City Clerk this 30th day of May, 2011.

MAYOR

CITY CLERK

The motion being put was carried unanimously. - 23 - 2011-05-30

Notices Published

1. A Discretionary Use Application has been submitted by Genivar Incorporated on behalf of Mary Brown’s Restaurants requesting municipal approval to establish and operate a Mary Brown’s Restaurant and Drive-Thru at Civic No. 632 Topsail Road (the Irving Gas Station on Burgeo Street). There is an extension proposed for the restaurant with a total floor area of 139 m², with a 40 m² of seating area. The Restaurant and Drive-Thru has proposed operating hours of seven (7) days a week from 11 a.m. to 12 midnight. The total number of staff employed at the restaurant will be located on the southwest side of the redeveloped Irving site. On-site parking can accommodate thirty-two (32) vehicles. (Ward 3)

8 letters of opposition

SJMC2011-05-30/293R It was moved by Councillor Tilley; seconded by Councillor O’Leary: That the a decision on the application be deferred and the application be referred to a public meeting to be chaired by a member of Council.

Councillor Hann spoke in support of the motion, noting that a few weeks ago, he suggested that before Council approves any more drive-thru applications for areas adjacent to residential uses that a review be conducted on the criteria for the drive-thrus. There may be an opportunity to create new rules to lessen the impact of drive-thrus located adjacent to residential areas. Staff have been asked to look at how other municipalities deal with drive-thru applications and then make some recommendations to Council on appropriate guidelines. The Director of Planning advised that staff have been collecting information from other municipalities and will bring forward a comprehensive memo with recommendations for Council.

The motion being put was unanimously carried.

2. A Discretionary Use Application has been submitted by Dave Ashley requesting permission to subdivide a vacant lot on Connors Avenue (between Civic No. 13 and 27 Connors Avenue) for the purpose of creating two (2) building lots and constructing two (2) Multiple Dwelling Units; each containing four (4) residential units. The proposed dwellings will be three (3) storeys in height with four (4) parking spaces provided on each lot. (Ward 3)

1 submission of concern

SJMC2011-05-30/294R It was decided on motion of Councillor Hickman; seconded by Councillor Breen: That the application be approved. - 24 - 2011-05-30

3. A Discretionary Use Application has been submitted by Merrill Heald requesting permission to occupy Civic No. 93 Torbay Road as a Commercial School for children aged 6 to 8 years. The proposed school will have a maximum student enrolment of twenty (2), a staff of two 92), and will operate Monday to Friday, 8:00 a.m. to 2:30 p.m. Parking for seven (7) vehicles as required under Section 9 of the St. John’s Development Regulations can be accommodated on the adjacent property at Civic No. 95 Torbay Road. (Ward 1)

SJMC2011-05-30/295R It was decided on motion of Councillor Hickman; seconded by Councillor Tilley: That the application be approved.

Public Works and Environment Standing Committee Report – May 19, 2011

Council considered the following report of the Public Works and Environment Standing Committee Report dated May 19, 2011:

Attendees: Councillor Hickman, Chairperson Acting Mayor Shannie Duff Councillor Tom Hann Councillor Frank Galgay Councillor Danny Breen Councillor Bruce Tilley Robert Smart, City Manager Walt Mills, Director of Engineering Bob Bishop, Director of Finance Jason Sinyard, Acting Director of Public Works & Parks Sylvester Crocker, Acting Director of Building & Property Management Brendan O’Connell, Manager of Environmental Services Phil Hiscock, Operations Assistant – Streets Steve Colford, Operations and Systems Engineer Brian Head, Operations Assistant – Parks Karen Chafe, Recording Secretary

Also present was Dave Bartlett with the Telegram.

1. Review of Garbage Bag Limit The Committee considered a memorandum from Acting Director of Public Works Mr. Jason Sinyard regarding the question of whether or not Council should consider reducing the garbage bag limit which is currently set at ten bags given the City’s new recycling program. As Council is aware, the recycling program has been a success with the latest statistics showing participation rates at 69%, well surpassing the first year goal of 50%. The Committee agrees with staff’s recommendation as follows:

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That as participation is still increasing, it is recommended to continue with the City’s current course of action and to re-evaluate our position in the fall. Once it becomes apparent that our participation rates have plateaued, it is recommended to consider a reduction in the bag limit at that time.

2. Downtown Clean-up The Committee discussed in-depth the problems of litter in the Downtown and whether or not there is a need for more City resources and equipment to tackle the problem and whether or not there is a need for more enforcement. The City already provides two manned carts which are on site at 6:00 a.m. every morning. Enforcement is problematic because as litter blows around, it is difficult to determine which property owners should be given notice of a violation. Those who receive tickets for violations also have the right to appeal the notice which further delays the enforcement process.

Litter continues to be a problem despite the City’s efforts and it was generally agreed that there is an educational and attitudinal problem associated with the ongoing problem of litter. Councillor Tilley advised that he will be meeting with the Downtown Development Commission at which time he will raise this matter with them to determine how they can work with the City to deal with the problem.

3. Landfill Tipping Fee Exemptions The Committee considered a memorandum dated March 8, 2011 from Acting Director of Public Works & Parks, Jason Sinyard regarding Landfill Tipping Fee Exemptions (R2004- 05-10/8). The Committee recommends approval of the following revision proposed and that it be referred to Eastern Waste Management:

The following revision is recommended in order to maintain the volume of waste exempt from the tipping fee in light of recent and/or future increases in the dollar amount of the tipping fee:

A. A tipping fee exemption be granted on material generated by the following users of the Robin Hood Bay Landfill: - Registered charities while engaged in operations which recycle/reuse second-hand goods provided the annual tonnage does not exceed 50 tonnes per charity; - Volunteer groups while performing clean-ups of neighbourhoods, road-side ditches, open spaces and trails as a public service.

4. Request for Electrical Service – Mobile Vending Leased Space The Committee considered a memorandum dated May 2, 2011 regarding a request for electrical service for a mobile vending leased space. Existing mobile vendors presently do not have an AC power supply. These units have been operating in the City for many years and have been inspected and licensed by City and Public Health inspectors. The current inspection process involves checking of fire extinguishers/propane tanks and equipment and general review of the units to ensure occupant safety. As well, insurance certificates have to - 26 - 2011-05-30

be provided. Concern has been raised about the reliability of existing ventilation systems, equipment, lighting and fire protection.

Estimates obtained from the City’s Electrical Maintenance Department confirmed that each site can be serviced by means of a pole and a 60 amp electrical power supply at a cost of $6,500 HST included for each site. This cost could be amortized over a 10 year period @ 6.5% interest with the payment being approximately $1,000 yearly. This additional cost could be added onto the existing yearly fee to recover the costs. The following options were outlined:

a. Maintain status quo with vendors obtaining permission from Newfoundland Power and assuming full cost of electrical connection. b. City provide power to each site as required and build cost into a yearly fee. c. City provide service at no cost to vendor and require upgrading of mobile vending units to meet new electrical and ventilation requirements.

The Committee recommends approval of the first option whereby the City maintains the status quo with vendors obtaining permission from Newfoundland Power and assuming full cost of electrical connection.

5. Energy Reduction Strategy – New Residential Units The Committee considered a memorandum dated May 2, 2011 from the Director of Building and Property Management outlining a proposed policy relating to improved energy performance for new residential units. The approach recommended is becoming an industry standard in many municipalities as the National Building and Energy Codes move to improved energy performance in new houses. The end result for the consumer is a lower annual operating cost providing a positive return on investment.

The Committee recommends that Council approve the Energy Reduction Strategy as attached.

6. Service Evaluation Survey Results The Committee refers the attached service evaluation survey results to Council for information.

7. Rodent Problem Councillor Tilley relayed concerns from constituents about the rodent problem in Cowan Heights, particularly in the western section where excavation for the extension of the Team Gushue Highway has occurred. Another problem area is on Blackmarsh Road in the vicinity of Gulliver Farms.

The Acting Director of Building & Property Management noted that developers are advised to contract exterminators prior to starting any major work. Major construction projects that exceed $1 million in construction value and which involve land development (i.e. excavation or partial demolition) must be treated for rodent control by an approved pest control company. Written confirmation will be required to be submitted to the Building - 27 - 2011-05-30

Dept. prior to the release of any permits. It is anticipated that such action will significantly offset the rodent problem.

With regard to those areas currently experiencing problems, staff advised that rodents are attracted to food and shelter, so residents must take special care to keep their properties clean and devoid of any food sources such as garbage or inappropriate compost material. More information on how to deal with rodent problems is attached to this report and can also be accessed via the City’s website: http://www.stjohns.ca/cityservices/animalcontrol/pdfs/rodents.pdf

8. Pinnacle Award for Curb It Recycling Program Marketing Campaign The Committee considered a memorandum dated May 19, 2011 from Acting Director of Public Works & Parks, Mr. Jason Sinyard advising that the City’s “Curb It” marketing campaign won the award for Marketing Communications in the Communications Strategy Division.

Councillor Sandy Hickman Chairperson

SJMC2011-05-30/296R It was moved by Councillor Hickman; seconded by Councillor Galgay: That the recommendations of the Public Works and Environment Standing Committee be approved.

Regarding Item #2, Councillor O’Leary inquired about the clean up contract for the downtown and whether it was awarded by the DDC or the City. The Director of Public Works and Parks advised that the clean up contract is awarded by the City and the snow clearing contract is awarded by the DDC. Councillor O’Leary suggested that a full review of the downtown clean up contract might be necessary in order to improve efficiency. She noted that she often receives numerous complaints from constituents about the state of the downtown.

The motion being put was unanimously carried.

Development Committee Report – May 24, 2011

Council considered the following report of the Development Committee dated May 24, 2011:

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RECOMMENDATION OF APPROVAL:

1. Proposed Eating Establishment Liquor License Rocket Bakery Civic No. 270 Water Street (Ward 2)

The Development Committee recommends that Council approve the noted application.

2. Proposed Outdoor Eating Area-Murray Premises Courtyard Gypsy Tea Room Civic No. 315 Water Street (Ward 2)

The Development Committee recommends that the application be approved as per Section 10.25 of the St. John's Development Regulations subject to the normal requirements of the Department of Building and Property Management.

Robert F. Smart City Manager Chair – Development Committee

SJMC2011-05-30/297R It was decided on motion of Councillor Hann; seconded by Councillor Galgay: That the recommendations of the Development Committee be approved.

Heritage Advisory Committee Report – May 25, 2011

Council considered the following report of the Heritage Advisory Committee dated May 25, 2011:

Members: Acting Mayor Shannie Duff, Chairperson Councillor Sheilagh O’Leary Councillor Tom Hann David Kelland, NL Association of Architects Anne Hart David Hood, NL Historic Trust Cliff Johnston, Director of Planning Joe Sampson, Manager of Development Peter Mercer, Heritage Officer Helen Miller, Archivist Margaret Donovan, Tourism Industry Coordinator Alannah Wicks, Archives Karen Chafe, Recording Secretary

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Also in attendance was Alisha Morrissey with the Board of Trade.

1. 49-53 Harvey Road: Proposed Office/Condominium Development The Committee met with the proponents for the development: Ms. Elaine Hann, Mr. Richard Hiblin and Mr. Dick Cook. The proponents have stated that they do not wish to make any changes to their last submission which was previously considered by the Heritage Advisory Committee and which is attached to this report. The proponents cited the following reasons:

 They are presenting a building that fits within a modern St. John’s. It was their opinion that the street does not contain any structures which are of heritage significance, most having been recently built following the fire which took place in the early 1990’s.  Reference was made to the heritage that exists in other major cities such as the City of London for example and which coexist easily with modern architecture. Such structures show a City’s architectural evolution because they do not replicate buildings of the past.  The heritage of the City of St. John’s consists mostly of Victorian style architecture and the replication of such lacks imagination.  With regard to 49-53 Harvey Road, the City is trying to replicate a heritage style that did not previously exist on this location. The proposal put forth would mirror the architecture surrounding it rather than clashing with such.  Particular reference was made to civic # 124 Water St. which was recently renovated and which does not appear to have complied with stringent heritage regulations, as it has a modern facade.  The proponents questioned where and why there is no architectural creativity in this City.  They feel that they should be able to put a modern building on this vacant empty lot which reflects today’s architecture and not that of the past.  The proponents circulated some examples of what they believe to be innovative and creative architecture from around the world which has enhanced the areas in which they are situated.

 The developers wish to invest $5 million into this site and are frustrated by the City’s process.

The Committee when it last reviewed the application had made the following recommendation during its meeting of September 27th, 2010:

The Committee recommends that Council reject the application and the applicant submit a revised design that meets the requirements of Section 5.9.4 of the St. John’s Development Regulations. The Heritage Advisory Committee will continue to offer advice to the City's Heritage Officer and the developer and offers the following design elements to serve as a guideline:

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 Fenestration: The proposed façade consists of a glass curtain treatment typically used in office towers rather than residential buildings. This presents Harvey Road with a fairly blank wall of glass so that the actual windows where people could see and be seen are almost invisible. Punched windows in a regular pattern with some symmetry, echoing the human form, i.e. taller rather than wider, would be more appropriate.  Entrance: the front door should be situated such that it is visible and could be highlighted with a portico, eave and/or lighting.

 Materials: should be traditional to or echo the heritage area. Traditional materials for larger buildings would include brick and masonry. Curtain wall is associated with modern high-rise buildings and not considered to be a traditional element, though it has been used to good effect on the Blue Drop, Delgado and Lilly Buildings but usually restrained rather than filling the front façade.  Size and scale: should be oriented to nearby buildings. The contrast in height should be organic, not stark. The scale of the proposed development is large and will overpower the adjacent properties, particularly as it encompasses three building lots. For example, facing Harvey Road, the property to the west is three storeys and the property to the east is two. The proposed development will be five storeys. The rear façade on Long’s Hill will appear even more massive, consisting of garage doors on the lower level and balconies and glass rails on all other levels.  Streetscape: given that the proposal will be situated on three lots as one major development, there is an issue with the loss of rhythm to the streetscape, which generally consists of storefront facades. There is a need to reflect a continuous pattern of similar scale buildings.  New buildings do not have to replicate the past but they should have echoes of the past if they are to be built in a heritage area.

The Committee expressed the importance of developers being engaged in and having a greater understanding of a heritage area’s defining principles. The greater their sense for the areas in which they wish to build, the greater their sensitivity toward appropriate development.

Several photographs are attached of new construction and/or renovations in the heritage area that incorporate newer materials and modern design elements that have been very successful.

The Committee having considered the views expressed by the proponents during today’s meeting did acknowledge that there is room for modern design and creativity in the heritage area; however, it was agreed that the artist rendering submitted does not reflect the creativity or vision that the applicants speak so passionately about. The Committee also reiterates its previous comments that buildings do not have to replicate the past but should have echoes of the past if they are to be built in a heritage area. A modern design would be acceptable if it were reflective of the surrounding neighbourhood. - 31 - 2011-05-30

The Committee is open to reviewing a new design that makes an effort to respect the heritage character of the area.

2. Gypsy Tea Room (Murray Premises) The Committee considered an application to install a wrought iron fence for a proposed outdoor eating area for the Gypsy Tea Room at the Murray Premises court yard. The issue has been referred to the Development Committee. The Heritage Advisory Committee is asked to review the wrought iron fence/gate design only.

The Committee recommends approval of the fence/gate design.

3. 7 Plank Road – Revised Design The Committee previously reviewed the above noted application during their March 23, 2011 meeting at which time approval was given subject to some amendments, one of which was that the new window proposed for the east elevation on the second level be narrowed to the same width as the windows that exist on that side. The proposal to widen the existing top window should stay within the same dimensions as those existing on that level.

The applicant has now revised the plan to incorporate a double vertical slider window as shown on the attached plan.

The Committee recommends approval of the revised submission.

Acting Mayor Shannie Duff Chairperson

SJMC2011-05-30/298R It was decided on motion of Councillor O’Leary; seconded by Councillor Hickman: That the recommendations of the Heritage Advisory Committee with respect to Items 2 and 3, be approved.

SJMC2011-05-30/299R Regarding Item #1, it was moved by Councillor Hann; seconded by Councillor O’Leary: That a decision on the application be deferred to allow the applicants an opportunity to meet again with the Heritage Advisory Committee regarding proposed minor changes to the development design.

Councillor Hann advised that he had been speaking with the applicants who had indicated they were willing to talk with the Heritage Advisory Committee about making minor changes to their

- 34 - 2011-05-30

CLASS: RESIDENTIAL

ANTHONY DUGGAN 41 AIRPORT RD NC ACCESSORY BUILDING MICHAEL RANDELL DAWE AND 5 BANIKHIN PL NC FENCE DARREN HOWELL 26 BATTERY RD NC ACCESSORY BUILDING JOSEPHY B. & VALERIE BRODERS 18 BELLEVUE CRES NC FENCE JANICE R. BOONE & JASON CROFT 39 BELLEVUE CRES NC PATIO DECK CORRINA BARTLETT 32 BLACKWOOD PL NC FENCE JOHNATHAN C.T. GRIMES 17 BOLAND ST NC ACCESSORY BUILDING TRUE NORTH HOMES INC. 80 CAPE PINE ST, LOT 80 NC SINGLE DETACHED DWELLING PRO-TECH CONSTRUCTION LTD. 75 CASTLE BRIDGE DR - LOT 103 NC SINGLE DETACHED DWELLING THATA HIGGINS & KERRI HIGGINS 91 CASTLE BRIDGE DR, LOT 95 NC PATIO DECK SCOTT LINEHAN 2 CEDAR DR NC FENCE BRICON ENT 124 CHEESEMAN DR, LOT 23 NC SINGLE DETACHED DWELLING DBH ENTERPRISES LTD. 99 CHEESEMAN DR, LOT 60 NC SINGLE DETACHED DWELLING BRICON ENT 113 CHEESEMAN DR, LOT 57 NC SINGLE DETACHED DWELLING JEFFREY CAREW 117 CHEESEMAN DR, LOT 55 NC SINGLE DETACHED DWELLING SULLIVAN'S CONTRACTING LTD. 127 CHEESEMAN DR - LOT 50 NC SINGLE DETACHED DWELLING BYRON DRISCOLL 75 CHEYNE DR, LOT 3.10 NC SINGLE DETACHED DWELLING CALCO HOMES 12 DAUNTLESS ST, LOT 96 NC SINGLE DETACHED & SUB.APT CALCO HOMES 24 DAUNTLESS ST, LOT 134 NC SINGLE DETACHED DWELLING CALCO HOMES 25 DAUNTLESS ST, LOT 116 NC SINGLE DETACHED DWELLING LINDA M EBSARY 11 DAVIDSON PL NC FENCE CHRIS PITCHER 80 EASTBOURNE CRES NC ACCESSORY BUILDING KRISTA KING 36 FAHEY ST NC FENCE ERCO HOMES 28 GULLAGE ST, LOT 34 NC SINGLE DETACHED DWELLING ERCO HOMES 30 GULLAGE ST, LOT 35 NC SINGLE DETACHED DWELLING PETER FITZGERALD 105 HALL'S RD NC FENCE CALIBRE BUILDERS LTD. 11 HAMLET ST, LOT 47 NC SINGLE DETACHED DWELLING KARA INVESTENTS LTD 23 HAMLET ST, LOT 53 NC SINGLE DETACHED DWELLING DONOVAN HOMES 33 HAMLET ST, LOT 58 NC SINGLE DETACHED DWELLING GEOFF & JANICE THISTLE 61 HOLBROOK AVE NC ACCESSORY BUILDING JANICE L. LOVEYS 16 JENNMAR CRES NC FENCE CARDINAL HOMES 10 KNAPDALE PL, LOT 43 NC SINGLE DETACHED DWELLING ALLISTER KYLE 48 LEMARCHANT RD NC FENCE ANTHONY MAHER 36 LONG BEACH ST NC FENCE SCOTT STUCKLESS 80 MARK NICHOLS PL NC FENCE SCOTT STUCKLESS 80 MARK NICHOLS PL NC PATIO DECK KENNETH FOLLETT AND 205 MUNDY POND RD NC ACCESSORY BUILDING ATLANTIC HOMES 6 NERISSA PLACE, LOT 448 NC SINGLE DETACHED DWELLING JOEL HICKEY 5 O'MARA PL NC FENCE EDWARD & KRISTA COADY 43 OTTER DR NC FENCE LEON G. MALLAY 57 OTTER DR NC FENCE JOHN ARTHUR SINGLETON & 17 PARKVIEW CRES NC SWIMMING POOL MARY DOULTON 52 AIRPORT HEIGHTS DR NC ACCESSORY BUILDING BARRY CHRISTOPHER LAKE 18 REID ST NC SINGLE DETACHED DWELLING CRAIG CONNERS 14 RICHMOND STREET - LOT 1 NC TOWNHOUSING CRAIG CONNERS 16 RICHMOND STREET - LOT 2 NC TOWNHOUSING PAMELA LAYDEN 16 ROSALIND ST, LOT 390 NC SINGLE DETACHED & SUB.APT ELVIS LOVELESS 34 ROSALIND ST, LOT 399 NC SINGLE DETACHED & SUB.APT CALCO HOMES 48 ROSALIND ST, LOT 406 NC SINGLE DETACHED & SUB.APT CALCO HOMES 68 ROSALIND ST, LOT 416 NC SINGLE DETACHED & SUB.APT MARNELL ENTERPRISES 11 ROSALIND ST, LOT 459 NC SINGLE DETACHED DWELLING TRUE NORTH HOMES INC. 19 ROSALIND ST, LOT 455 NC SINGLE DETACHED DWELLING TRUE NORTH HOMES INC. 31 ROSALIND ST, LOT 443 NC SINGLE DETACHED DWELLING PHILIP POWER & SON 21 ROSE ABBEY ST - LOT 141 NC SINGLE DETACHED DWELLING J & P CONTRACTING INC. 48 ROTARY DR, LOT 77 NC SINGLE DETACHED DWELLING J & P CONTRACTING INC 99 ROTARY DR, LOT 97 NC SINGLE DETACHED & SUB.APT PRANAV BHATT & FALGUNI BHATT 50 RUMBOLDT PL NC ACCESSORY BUILDING DOUGLAS PARKINSON 13 SERPENTINE ST NC ACCESSORY BUILDING JASON ROSE 9 SHANNON PL NC ACCESSORY BUILDING SHANNON G. WHEELER, BOYD B. 1 SPRUCEDALE DR NC FENCE CHRISTINA HUNT 12 STONEYHOUSE ST NC FENCE - 35 - 2011-05-30

BRICON ENT 54 TEAKWOOD DR, LOT 113 NC SINGLE DETACHED DWELLING SULLIVAN'S CONTRACTING LIMITED 74 TEAKWOOD DR - LOT 9 NC SINGLE DETACHED DWELLING TERRY POWER 92 TEAKWOOD DR NC ACCESSORY BUILDING GEORGE V. SHEPPARD & 397 THORBURN RD NC FENCE DALE C PAUL AND 15 TOBY MCDONALD ST NC ACCESSORY BUILDING ROGER & BRENDA PERCHARD 74 VIRGINIA PL NC FENCE ROBERT J. KINSELLA & 20 WOODWYND ST NC ACCESSORY BUILDING LES LITTLE 4 EARLE ST CR SUBSIDIARY APARTMENT TERRANCE O'REILLY 20 GLOVER PL EX SINGLE DETACHED DWELLING BRIAN COLLINS 7 GOOSEBERRY LANE EX PATIO DECK MARK RICHARDS 807-815 MAIN RD EX SINGLE DETACHED DWELLING JAMES DINN 10-12 PARK LANE EX ACCESSORY BUILDING BRENT MEADE & GERRIE SMITH 6 SIMMS ST EX SINGLE DETACHED DWELLING WAYNE POWER AND 3 ALDERGROVE PL, LOT 238 RN SINGLE DETACHED DWELLING EMILY SULLIVAN 19 CAVELL AVE RN SEMI-DETACHED DWELLING 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 202 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 211 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 402 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 404 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 413 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 415 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 501 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 503 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 509 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 513 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 514 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 515 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 603 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 311 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE. - SUITE 408 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 216 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 407 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 316 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 314 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 309 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE - SUITE 303 RN CONDOMINIUM 55736 NFLD & LAB INC 100 ELIZABETH AVE, SUITE 302 RN CONDOMINIUM 55736 NFLD & LAB INC 100 ELIZABETH AVE., SUIE 301 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 214 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 213 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 203 RN CONDOMINIUM 55736 NFLD & LAB INC. 100 ELIZABETH AVE, SUITE 204 RN CONDOMINIUM NEVILLE & JUDITH MILLS 78 FOREST RD RN SEMI-DETACHED DWELLING JOHN ROWE 91-93 GOWER ST RN TOWNHOUSING KEITH THORNE 1 GREENSPOND DR RN ACCESSORY BUILDING NELSON HODDINOTT 86 HAMILTON AVE RN SINGLE DETACHED DWELLING JOHN F. & KAREN D. KENNEDY 81 MERRYMEETING RD RN SINGLE DETACHED DWELLING GERARD J. ENNIS 68 PRINCE OF WALES ST RN SEMI-DETACHED DWELLING ROSEMARIE SNOW 2 PROSPECT ST RN TOWNHOUSING GEORGE POWER 118 SPRINGDALE ST RN SEMI-DETACHED DWELLING ALBERT N. & TRUDI JOHNSON 158 CANADA DR SW SINGLE DETACHED DWELLING BYRON THOMEY AND 20 ICELAND PL SW SINGLE DETACHED DWELLING HUBERT & MICHELLE CREWS 32 MOUNTAIN VIEW DR SW SINGLE DETACHED DWELLING

THIS WEEK $ 8,728,591.00

CLASS: DEMOLITION

JOHN GUINEY 522-524 MAIN RD DM SINGLE DETACHED DWELLING

THIS WEEK $ 4,000.00 - 36 - 2011-05-30

THIS WEEK''S TOTAL: $ 8,987,041.00

REPAIR PERMITS ISSUED: 2011/05/19 TO 2011/05/25 $ 193,251.00

LEGEND

CO CHANGE OF OCCUPANCY SN SIGN CR CHNG OF OCC/RENOVTNS MS MOBILE SIGN EX EXTENSION CC CHIMNEY CONSTRUCTION NC NEW CONSTRUCTION CD CHIMNEY DEMOLITION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS WS WOODSTOVE SW SITE WORK DM DEMOLITION TI TENANT IMPROVEMENTS

Payrolls and Accounts

SJMC2011-05-30/301R It was decided on motion of Councillor Tilley; seconded by Councillor O’Leary: That the following Payrolls and Accounts for the week ending May 26, 2011, be approved:

Weekly Payment Vouchers For The Week Ending May 19, 2011

PAYROLL

Public Works $ 342,732.01

Bi-Weekly Casual $ 16,014.24

ACCOUNTS PAYABLE $ 2,325,225.61

Total: $ 2,683,971.86

Tenders

a. 2011 Bridge Rehabilitation Program b. 2011 Sanitary Sewer Improvements – Contract 2

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SJMC2011-05-30/302R It was decided on motion of Councillor Hickman; seconded by Councillor Hanlon: That the recommendations of the Deputy City Manager/Director of Public Works & Parks and the Director of Engineering be accepted and the tenders awarded as follows:

a. Pyramid Construction in the amount of Three Hundred and Twenty Five Thousand Nine Hundred and Nineteen Dollars and Twelve Cents ($325,919.12)

b. Can-Am Construction (2004) Limited in the amount of Three Hundred and Twenty Six Thousand Five Hundred and Seventy ($326,570.00)

Petition re: Closure of Exit at the Top of Doyle’s Road

Councillor Collins tabled a petition from the residents of Doyle’s Road regarding the above noted matter. The prayer of the petition reads as follows:

“We the residents of Doyles Road respectively request council to make arrangements to close the exit at the top of Doyles Road. At the entrance to our cul-de-sac it clearly states “NO EXIT” however there is constant flow of traffic exiting via the dirt road at the end of the cul-de-sac. We make this request for the safety of our children. Traffic travels at excessive speeds as well we have witnessed illegal activity. We have made 300+ calls to the police and numerous calls to the City of St. John’s. We request something be done before someone is hurt or killed.”

Councillor Collins indicated that he was unsure if Council had the authority to close off the top of Doyle’s Road or if it fell under the jurisdiction of the Provincial Department of Highways.

Council agreed that the petition be referred to the Director of Engineering for review and comment.

The Lung Association - Newfoundland & Labrador – President’s Vote of Thanks Award

Council considered as information a letter dated May 11, 2011, to City Employee Bryan Harris informing him that he has been awarded the President’s Vote of Thanks Award from the Lung Association of Newfoundland and Labrador.

Media Release – School Travel Planning Program

Council considered as information a Media Release issued by the Office of the Mayor regarding the School Travel Planning Program.

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Bannerman Park Foundation Executive Committee Report – May 26, 2011

Council considered the following report of the Bannerman Park Foundation Executive Committee dated May 26, 2011:

In Attendance: Jennifer Guy, Chairperson Acting Mayor Shannie Duff Sonia Dawe-Ryan Kevin Nolan Jennifer Mills

Membership: Bannerman Park Foundation

The Committee recommends that Council approve the following new members for the Bannerman Park Foundation:

 John Clarke  Ruth Canning  Catherine Dempsey  Judy Dobbin  Tony Evans  Glen Power  Karen Armstrong

The Executive Committee would eventually lie to identify an additional board member to represent citizens of the Downtown area.

Jennifer Guy Chairperson

SJMC2011-05-30/303R It was decided on motion of Councillor O’Leary; seconded by Councillor Breen: That the recommendation of the Bannerman Park Foundation Executive Committee be approved.

Travel Authorization to Attend the Big City Mayors’ Caucus

Council considered a memorandum from Mayor O’Keefe requesting authorization to travel to Halifax, Nova Scotia to attend the Big City Mayors’ Caucus from June 1- 3, 2011. - 39 - 2011-05-30

SJMC2011-05-30/304R It was decided on motion of Councillor Galgay; seconded by Councillor Hann: That Council approve the request from Mayor O’Keefe to attend the Big City Mayors’ Caucus taking place in Halifax, Nova Scotia from June 1-3, 2011.

Councillor O’Leary

 Councillor O’Leary congratulated Allen Walbourne, Angela Antle, Veselina Tomova, Gloria Hickey, and Gerald Squires who were winners at the 6th Annual Excellence in Visual Arts Awards.

 Councillor O’Leary referenced the recent launch of the newest play from local writer Ed Riche called “Hail”. The play is currently running at the LSPU Hall and she encouraged the public to go and see it as it is a wonderful play starring great local actors - Aiden Flynn, Brad Hodder, Brian Marler, and Robert Joy.

 Councillor O’Leary raised the issue of inappropriate posters from various sex clubs in the downtown being displayed on utility poles, and she noted she has received complaints from many residents in this regard. She indicated that the matter had previously been discussed by Council and there are issues with infringing on a person’s right to freedom of speech and freedom of expression, however, these posters are dominating the utility poles in the downtown and are sexually explicit and not appropriate for young adults or children to see. She inquired if it would be possible to do a study of other municipalities to see how they deal with this issue and try to diminish the impact of these posters.

The City Solicitor advised that this issue is not something that a municipality can deal with in terms of legislation. Deputy Mayor Duff indicated that in the past, she has personally approached the various establishments advertising on the posters and asked them to use some common sense and discretion when posting posters. She noted that they did comply, however, the issue does tend to arise again. She suggested that contacting the various establishments might be the best approach in this situation. Councillor Hanlon noted that - 40 - 2011-05-30

she too has dealt with this issue by calling the various clubs and agreed that this would be the best approach.

Council agreed that the matter be referred to the Department of Building and Property Management and requested that staff contact the various clubs who are advertising on the posters and request that they use some common sense and discretion in their public advertising.

 Councillor O’Leary advised that the Coalition for Alternative Pesticides NL, of which she is a member, will be pursuing candidates on their stance against the use of cosmetic pesticides during the upcoming Provincial election.

Councillor Hickman

 Councillor Hickman advised that line painting is continuing throughout the City, however, the work is weather dependent. He asked residents to have patience, and noted that the work will be done as quickly as possible.

 Councillor Hickman also advised that pothole patching has started as well with the opening of the hot asphalt plants. Crews are making repairs as quickly as possible, and additional work will be done under the Streets Rehabilitation Program.

Councillor Hann

 Councillor Hann referenced the letter that Deputy Mayor Duff recently sent to the Province regarding the need for Provincial legislation to deal with the issue of motorcycle noise, and he noted that this is not the first time the City has contacted the Province in this regard. He indicated that representatives from the City’s Police and Traffic Committee met with the Minister in 2009 on the matter, and at that time, the Minister indicated he was awaiting the results of a pilot project that was taking place nationally before moving forward with any legislation. Councillor Hann indicated that it was his understanding that the pilot project is now completed. Hopefully, the latest letter will prompt the Minister to take another look at - 41 - 2011-05-30

the issue. Deputy Mayor Duff noted that if the letter did not generate any response, she would request a meeting with the Minister to discuss the matter.

Councillor Breen

 Councillor Breen advised that there would be a public meeting taking place at 7:00 p.m. on Tuesday, May 31, 2011, at the Wedgewood Park Community Centre to discuss the possible closure of the laneway running between Highland Drive and Norfolk Place. Some area residents are having issues with the laneway and have requested that con- sideration be given to closing it.

 Councillor Breen referenced the ongoing odour issue at the Robin Hood Bay Landfill, and he noted that he received numerous calls over the last few weeks. He noted that the odour tends to worsen with certain weather conditions (i.e. a low cloud ceiling and damp weather). He indicated that last year the City had engaged a consultant to do a review of the landfill operations. The consultant prepared a report containing 30 recommendations, including constructing an extension to the gas collection system. The tender for this work was called, and the contract was awarded a few weeks ago. The work will be commencing very shortly and will hopefully be completed in the fall.

Councillor Tilley

 Councillor Tilley advised that the Seniors’ Day Fair will be held on Wednesday, June 1st in the Foran Room at City Hall from 1-4 p.m. The purpose of the event is to give the City the opportunity to recognize seniors and give them information that will help enhance their quality of life in the City. There will be four presentations on the topics of Housing, Safety/Abuse, Health and Wellness, and Managing Affairs as well as 15 information booths.

 Councillor Tilley gave the following update on the status of the work on the extension of the Team Gushue Highway:

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o The Team Gushue Highway project will likely be completed in phases similar to how the Outer Ring Road was completed and opened in stages.

o The limiting factor in road opening will likely be concrete overpass construction/ scheduling. In order to open an interchange, the structure will normally be required to be completed before paving and opening in the staging process. Road bed construction to Brookfield Road will likely be completed in 2011 as well as the twin overpass on Kenmount Road to the existing one to carry the divided highway southward. (Construction is now started on this overpass.)

o Overpasses/underpasses have to be built at Old Pennywell Road, Empire Avenue Extension (Proposed Collector Road) and Captain Whelan Drive interchanges to open the route to the Cowan Heights area. I anticipate possibly 2012 to this area if the construction schedule allows. Paving could be ongoing concurrently while overpass construction is proceeding, but these structure installations will likely be the critical path to the route opening.

o After these structures are completed, another twin structure installation is required at Blackmarsh Road, another single structure at Topsail Road to activate interchange access at Topsail Road, and a twin structure at Topsail Road to carry on over to Brookfield Road (2013 timeframe for construction).

o Two other interchanges are proposed for Brookfield Road. Some efficiency in tendering multiple overpass structures together is planned, but construction time will likely be critical due to the volume of work involved with such structures.

o Final completion of the whole route is anticipated in 2013/14.

Councillor Hanlon

 Councillor Hanlon advised that she had recently attended the Oil Show in Houston as the City’s representative, and she noted that there was a lot of buzz about the City and the - 43 - 2011-05-30

Province and the resources that are available here with regard to cold water and deep water exploration. Councillor Hanlon also advised that she had attended the World Energy Cities Partnership meetings where the City was singled out for its hospitality.

 Councillor Hanlon thanked the residents and businesses in the downtown who had contacted her about the issue of truck traffic in the downtown. As a result, she noted she was able to bring the matter to the attention of Council and have the Truck Traffic By-Law amended to address the situation.

 Councillor Hanlon congratulated the Mayor’s Advisory Committee on Seniors and City Staff for the hard work in putting together the 2nd Annual Seniors’ Day Fair taking place later this week.

Councillor Collins

 Councillor Collins advised that he had received calls from the Southlands Committee wondering about the status of the funding request for Southlands Day. It was noted that the request is being considered as part of the Grants and Subsidies Program, and a final decision on the funding request is still pending but should be forthcoming shortly.

 Councillor Collins referenced a proposed new subdivision for the Shea Heights area, and he noted that there are issues with the sanitary sewer that need to be addressed before the project can proceed. He indicated that it will be another month or so before that issue is resolved.

 Regarding the issue of the use of cosmetic pesticides, Councillor Collins noted that there was an article in the paper which indicated that he was associated with a pesticide company in some way. He clarified that this is not the case. He noted that he has worked in the landscaping business for over 30 years, and has not encountered any issues, health or otherwise with cosmetic pesticide usage.

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Adjournment

There being no further business, the meeting adjourned at 6:15 p.m.

______MAYOR

______CITY CLERK

October 3, 2011

The Regular Meeting of the St. John’s Municipal Council was held in the Council Chamber, City Hall, at 4:30 p.m. today.

His Worship the Mayor presided.

There were present also: Deputy Mayor Duff; Councillors O’Leary; Hann, Colbert, Breen, Galgay, Tilley, Hanlon and Collins.

Regrets: Councillor Hickman.

The City Manager; Deputy City Manager/Director of Corporate Services & City Clerk; Director of Planning; Director of Engineering; City Solicitor; Acting Director of Public Works and Parks; and Manager, Corporate Secretariat were also in attendance.

Adoption of the Agenda

SJMC2011-10-03/491R It was as decided on motion of Councillor Collins; seconded by Councillor Tilley: That the Agenda be adopted as presented.

Adoption of Minutes

SJMC2011-10-03/492R It was decided on motion of Councillor Hanlon; seconded by Councillor Breen: That the Minutes of the September 26th , 2011 meeting be adopted as presented.

Business Arising

Re: Proposed Rezoning of Properties, Maddox Cove Road (Ward 5) Applicants: Stan Murphy, Bernard Chafe, Colleen Stack & Samuel Stack

Council considered a memorandum dated September 29, 2011 from the Director of Planning regarding the above noted.

- 2 - 2011-10-03

SJMC2011-10-03/493R It was moved by Councillor Collins; seconded by Councillor Hann: That the following Resolutions for St. John’s Municipal Plan Amendment Number 95, 2011 and St. John’s Development Regulations Amendment Number 512, 2011 be adopted in principle, subject to the issuance of a Provincial release from the Department of Municipal Affairs:

RESOLUTION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 95, 2011

WHEREAS the City of St. John’s wishes to redesignate land on the west end of Maddox Cove Road, adjacent to the municipal boundary of the City with the Town of Petty Harbour-Maddox Cove, to allow residential development with private on-site water and septic sewer services.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Municipal Plan pursuant to the provisions of the Urban and Rural Planning Act:

Redesignate land at the west end of Maddox Cove Road, adjacent to the municipal boundary of the City with the Town of Petty Harbour- Maddox Cove, from the Restricted Land Use District to the Rural Land Use District as shown on Map III-IA attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this

3rd day of October, 2011.

______Mayor I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______

City Clerk

______Provincial Registration MCIP

- 3 - 2011-10-03

- 4 - 2011-10-03

RESOLUTION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 512, 2011

WHEREAS the City of St. John’s wishes to rezone land on the west end of Maddox Cove Road, adjacent to the municipal boundary of the City with the Town of Petty Harbour- Maddox Cove to allow residential development with private on-site water and septic sewer services.

BE IT THEREFORE RESOLVED that the City of St. John’s hereby adopts the following map amendment to the St. John’s Development Regulations pursuant to the provisions of the Urban and Rural Planning Act.

Rezone land at the west end of Maddox Cove Road, adjacent to the municipal boundary of the City with the Town of Petty Harbour- Maddox Cove, from the Open Space Reserve (OR) Zone to the Rural Residential Infill (RRI) Zone as shown on Map Z-IA attached.

BE IT FURTHER RESOLVED that the City of St. John’s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, 2000.

IN WITNESS THEREOF the Seal of the City of St. John’s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of

Council this 3rd day of October, 2011.

I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, 2000. ______Mayor

______City Clerk MCIP

Provincial Registration

- 5 - 2011-10-03

Deputy Mayor Duff expressed concern with granting approval to this rezoning application given the Committee’s recommendation to defer a proposed rezoning of property outlined in Item #9 of the Planning Committee report pending completion of a report by staff on the City’s current land use planning policy for rural unserviced development in the City.

The motion being put was carried with Deputy Mayor Duff dissenting.

- 6 - 2011-10-03

Committee Reports

Planning Standing Committee Report dated September 22, 2011

Council considered the following Planning Standing Committee Report dated September 22, 2011:

In Attendance: Councillor Frank Galgay, Chairperson Deputy Mayor Shannie Duff Councillor Sheilagh O’Leary Councillor Sandy Hickman Councillor Tom Hann Councillor Danny Breen Councillor Bruce Tilley Councillor Debbie Hanlon Mr. Bob Smart, City Manager Mr. Paul Mackey, Deputy City Manager/Director of Public Works & Parks Mr. Cliff Johnston, Director of Planning Mr. Walt Mills, Director of Engineering Ms. Elizabeth Lawrence, Director of Economic Development, Tourism & Culture Mr. Gordon Tucker, Acting Director of Building & Property Management Mr. Joe Sampson, Manager of Development Mr. Ken O’Brien, Manager of Planning & Information Mr. Robin King, Transportation Engineer Mr. Mark Hefferton, Planner Ms. Jennifer Mills, Communications Officer Ms. Kelly Butler, Recording Secretary

Also in attendance were Mr. Dave Bartlett with The Telegram and Ms. Alisha Morrissey with the St. John’s Board of Trade.

1. Delegation – St. John’s Board of Trade Community Roundtable Initiative The Committee met with representatives of the St. John’s Board of Trade (Mr. Derek Sullivan, Mr. Strat Canning, and Ms. Chip Clarke) and reviewed correspondence and a Power Point presentation regarding the results of their Community Roundtable Initiative. (A copy of the Board of Trade’s correspondence and presentation is attached.)

The Committee agreed that a further meeting between the Planning Committee and representatives of the Board of Trade be held to discuss the Community Roundtable Initiative in further detail.

- 7 - 2011-10-03

2. Delegation – Mr. Kevin King re: Proposed Rezoning of Property on Stavanger Drive (Ward 1) The Committee met with Mr. Kevin King to discuss the proposed rezoning of property on Stavanger Drive from the Commercial Regional (CR) Zone to the Residential Low Density (R1) to accommodate a residential subdivision for single detached dwellings with approximately 65 building lots. The Committee also considered the attached memorandum dated September 16, 2011, from the Director of Planning and the Manager of Planning and Information.

The Committee agreed to direct the Department of Planning to schedule a public meeting on the rezoning application which will be chaired by a member of Council.

The public meeting on this rezoning application has been scheduled for Wednesday, October 19, 2011, at 7:00 p.m. in the Foran Greene Room, City Hall. Councillor Hickman is scheduled to chair this public meeting.

3. Delegation – Mr. Kevin King re: Proposed Rezoning of Property at Civic No. 385-397 Blackmarsh Road (former Gulliver Farm Property) (Ward 3) The Committee met with Mr. Kevin King to discuss the proposed rezoning of a portion of the Gulliver’s Farm property from the Residential Low Density (R1) Zone to the Apartment Medium Density (A2) Zone. The Committee also considered the attached memorandum dated September 16, 2011, from the Director of Planning and the Manager of Planning and Information. Council previously made a decision to rezone the majority of the subject property to the Apartment Medium (A2) Zone in February, 2010.

(Councillor Collins entered the meeting at 1:20 p.m.)

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Collins: That, subject to completion of discussions between the proponent and the Departments of Public Works and Parks, Engineering, and Planning regarding the subdivision layout along Blackmarsh Road, the rezoning application be referred to a public meeting which will be chaired by a member of Council. (Subsequent to the Planning Committee meeting of September 22nd, Department of Planning staff had discussed the application with the Department of Public Works and Parks and it has been determined that the proposed subdivision layout along Blackmarsh Road is acceptable. Consequently, the public meeting on the rezoning application can now be scheduled by City Staff.)

The public meeting on this rezoning application has been scheduled for Tuesday, October 18, 2011, at 7:00 p.m. in the Foran Greene Room, City Hall. Councillor Hickman is scheduled to chair this public meeting.

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4. Delegation – Mr. Ron Fougere, Architect re: Redevelopment of the Former Star of the Sea Hall Site – Civic No. 40 Henry Street (Ward 2) The Committee met with Mr. Ron Fougere to discuss the proposed rezoning of the former Star of the Sea Hall site at Civic No. 40 Henry Street from the Residential Downtown (RD) Zone to the Commercial Central Mixed (CCM) Zone to accommodate a residential condominium building with approximately 50 residential units.

The Committee recommends, on motion of Councillor Hanlon; seconded by Councillor Hann: That the applicant be asked to undertake a Land Use Assessment Report on the proposed residential condominium building development. (The proposed Terms of Reference for the Land Use Assessment Report are attached for Council’s consideration of approval.)

It is further recommended that upon completion of the Land Use Assessment Report and review of the report by City Staff, that the proposed rezoning of the property and the Land Use Assessment Report for the residential condominium building development be referred to a public meeting to be chaired by a member of Council.

5. Proposed Standards for Drive-Thru Operations The Committee considered the attached memorandum dated September 16, 2011, from the Director of Planning and a report from the Department of Planning staff regarding a survey taken of standards for drive-thrus in other Canadian municipalities. (A copy of the survey is on file with the City Clerk’s Department.) The Committee also considered a report on draft proposed standards for consideration of implementation in the City of St. John’s.

The Committee agreed with staff’s recommendation that the proposed standards for drive-thrus be reviewed in detail by the Departments of Planning and Engineering. Upon completion of the review, the proposed text amendments will be referred back to the Planning Committee for further consideration and a recommendation to Council.

6. Proposed Text Amendment – Paving Existing Parking Lots in Flood Plains The Committee considered the attached memorandum dated September 16, 2011, from the Director of Planning regarding the above noted matter.

The Committee recommends, on motion of Councillor Breen; seconded by Councillor Collins, with Deputy Mayor Duff and Councillor O’Leary opposed: That staff be directed to prepare the proposed text amendment to the St. John’s Development Regulations in conjunction with the City’s Legal Department, and advertise the proposed text amendment for public review and comment. Upon completion of the advertising process, the proposed text amendment will be referred to a future Regular Meeting of Council for consideration of adoption.

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7. Proposed Text Amendment – Residential Special (RA) Zone for Heritage Uses – Civic No. 18 Topsail Road (Ward 2) The Committee considered the attached memorandum dated September 15, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee agreed to direct City Staff to advertise the proposed text amendment to the St. John’s Development Regulations to introduce “Heritage Uses” as a Discretionary Use in the Residential Special (RA) Zone. Upon completion of the advertising process, the proposed text amendment will be referred to a future Regular Meeting of Council for consideration of adoption.

It is further recommended that Council set the building line for the proposed new cul-de-sac, at Civic No. 18 Topsail Road, at six (6) metres.

8. Proposed Rezoning of Property – Civic No. 267 Mundy Pond Road (Ward 3) – Roy Squires The Committee considered the attached memorandum dated September 15, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee recommends, on motion of Councillor Tilley; seconded by Councillor Hanlon: That the application be rejected in light of the current zoning and restrictions on townhousing development in Planning Area 4 along Mundy Pond Road. In addition, the Department of Public Works and Parks has indicated that the proposed development may hinder snow clearing efforts due to high quantities of snow in this area, along with the creation of narrow lots and multiple driveways.

9. Proposed Rezoning of Property – Maddox Cove Road (Ward 5) – Kevin Heffernan The Committee considered the attached memorandum dated September 15, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee recommends, on motion of Councillor Breen; seconded by Councillor Hanlon: That a decision on the application be deferred pending completion of a report by City Staff on the City’s current land use planning policy for rural unserviced development in the city.

10. Proposed Rezoning of Property – Civic No. 402 Back Line Road (Ward 5) – Daniel Pike The Committee considered the attached memorandum dated September 15, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

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The Committee agreed to direct City Staff to advertise the rezoning application for public review and comment. Upon completion of the advertising process, the application will be referred to a future Regular Meeting of Council for a decision.

11. Proposed Rezoning of Property – Fowler’s Road (Ward 5) – George McIssac The Committee considered the attached memorandum dated September 15, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee recommends, on motion of Deputy Mayor Duff; seconded by Councillor Hann, with Councillors Hanlon, Tilley and Collins opposed: That the application be rejected as the rezoning of the property on Fowler’s Road would set a trend for future unserviced development along Fowler’s Road. This would place pressure on the City to open up land along Fowler’s Road for unserviced commercial development and residential rural sprawl, along with the necessary upgrading of services and roads.

12. Proposed Rezoning of Property – Donovan’s Road (Ward 5) – Jeff McGrath The Committee considered the attached memorandum dated September 16, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee agreed to direct City Staff to advertise the rezoning application for public review and comment. Upon completion of the advertising process, the rezoning application will be referred to a future Regular Meeting of Council for a decision.

13. Proposed Rezoning of Property – Civic No. 85 Old Petty Harbour Road (Ward 5) – Republic Properties Inc. The Committee considered the attached memorandum dated September 16, 2011, from the Director of Planning and the Manager of Planning and Information regarding the above noted matter.

The Committee agreed to direct the Department of Planning to schedule a public meeting on the rezoning application which will be chaired by a member of Council.

The public meeting on this rezoning application has been scheduled for Wednesday, October 26, 2011, at 7:00 p.m. in the meeting hall at Corpus Christi Church on Waterford Bridge Road. Councillor Hickman is scheduled to chair this public meeting.

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14. Density Bonusing for New Developments to Encourage Investments in the Arts The Committee considered Council Directive No. R2011-08-22/5 regarding the above noted matter.

The Committee recommends that staff from the Department of Economic Development, Tourism and Culture and the Department of Planning prepare an issue paper on density bonusing for new developments to encourage investment in the arts.

15. Grade Alterations for Established Residential Property Councillor O’Leary referenced an ongoing issue in an existing residential neighbourhood where one neighbour received permission for an extension to his property as well as some other site work, including construction of a retaining wall, which resulted in a change in the grade of the property to the detriment of the abutting property owner. Several meetings have been held with the affected property and various City Staff to try and address his concerns. Unfortunately, no resolution has been forthcoming as it appears there is nothing in the City’s regulations that sets a limit on how much the grade of an existing property can be changed.

The Committee recommends, on motion of Councillor O’Leary; seconded by Deputy Mayor Duff: That the Department of Building and Property Management undertake a review of the City’s existing regulations governing the alteration of grades for established residential properties.

Councillor Frank Galgay Chairperson

SJMC2011-10-03/494R It was moved by Councillor Galgay; seconded by Councillor Colbert: That the Committee’s recommendations be approved.

The Deputy Mayor noted the number of major construction sites within the City and suggested that staff should take a proactive approach and develop a plan to facilitate worker parking and laydown sites

Following discussion, the motion being put was unanimously carried.

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Heritage Advisory Committee Report dated September 27, 2011

Council considered the following Heritage Advisory Committee Report dated September 27, 2011: In Attendance: Deputy Mayor Shannie Duff, Chairperson George Chalker, Heritage Foundation of NL Ann Hart, Resident Representative Debbie O’Rielly, NL Historic Trust Ken O’Brien, Manager of Planning & Information Peter Mercer, Heritage Officer Mark Hefferton, Planner Helen Miller, City Archivist Margaret Donovan, Tourism Industry Coordinator Karen Chafe, Recording Secretary

1. Meeting with Architect - Ron Fougere re: Condo Development at 40 Henry Street (Star of the Sea site) The Committee met with Mr. Ron Fougere to discuss the above noted application. A copy of a power point presentation was circulated to members outlining the aerial location, layout and floor plans for the proposed development and design elevations.

The Committee recommends approval of the design as presented.

2. Exterior Renovation to 336 Water St. (Melendy’s Store) The Committee met with Mr. Jim Case of Sheppard Case Architects and Mr. Alfred Marshall, Proponent and owner of 336 Water St. Design elevations were circulated for the proposed renovation which are attached to this report.

The Committee recommends approval of the proposed renovations as presented with the assurance that the quoins along the corner edge of Water St. and Adelaide Street be raised from the surface, as per the existing façade and captured in the elevation (A-003) attached.

Mr. Case presented the Committee with a second option, adding a fourth storey to the building, similar to the original (the fourth storey was removed many decades ago). This addition is made impractical by the requirement for an additional stairway for fire exiting, which removes much of the useable space on the proposed fourth floor. He previously submitted a letter to the Dept. of Building & Property Management about applying an equivalency under the National Building Code which would enable the fourth floor to be built. Such equivalencies, if permitted, could enable this and similar renovations to occur and would facilitate adaptive reuse of the upper levels of small downtown buildings, many of which are vacant or used only for dead storage. The Committee notes with regret that the fourth-storey option would have been in keeping with the building’s original roof as shown in the archival photograph attached.

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The Committee recommends that Council commission a study of fire-exiting equivalencies under the National Building Code of Canada, to enable the adaptive reuse of upper floors in many downtown properties. A similar study was done by the City several years ago for bed-and-breakfast homes. The Committee further recommends that the City solicit proposals for a pilot project to link two or more buildings on their upper floors so as to create a larger useable space with common fire exits, as was recommended in the Downtown St. John's Strategy in 2001.

3. Request from Deer Park Contracting to Use Smaller Corner Boards on a New Home – Civic No. 6 Top Battery Road Council, during its Regular Meeting of September 6th, 2011 approved the recommendation of the Heritage Advisory Committee to defer a decision on the above-noted matter pending the Committee’s opportunity to conduct a site visit of the property. The Heritage Officer has now advised that the site visit has been completed and the following recommendation is hereby referred to Council:

The Committee recommends approval of the corner trims as installed at Civic No. 6 Top Battery Road. (Tony Lockyer and Melanie Del Rizzo both not present at today’s meeting have abstained from voting on this issue).

4. 49-51 Harvey Road – Rear Elevations on Longs Hill The Committee reviewed the exterior rendering for the Longs Hill elevation of the proposed condominium project at 49-51 Harvey Road. The elevator shaft at the center of the building and the balcony facings are proposed to be composed of glass panelling. A composite panelling is also proposed for the remainder of the façade situated north of the balconies. The Committee questioned the encroachment of the steps on the sidewalk as well as how the top floor south balcony will connect with the adjoining building. There appears to be a gap in the submitted elevation.

The Committee recommends approval subject to the following suggestions:

 There is an opportunity to reflect adjacent building materials. By removing the first three glass panels on the elevator shaft, as shown in the rendering, a horizontal material (i.e. siding) – similar to the horizontal ventilation louvers on either side of the elevator shaft could be added.  The first floor could then be capped with a cornice/concrete banding with a similar thickness and overhang as the cornice detail at the very top of the building. Above this first cornice detail could begin the glass panelled elevator shaft and balcony railings.

Deputy Mayor Shannie Duff

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Building Permits List SJMC2011-10-03/496R It was decided on motion of Councillor Hann; seconded by Councillor Tilley: That the recommendation of the Director of Building and Property Management with respect to the following Building Permits List be approved:

2011/09/28 Permits List

CLASS: COMMERCIAL

ROBERT AYMONT 16-72 HAMLYN RD HALLOWEEN ALLY CO RETAIL STORE AIR CADETS PLEASANTVILLE BLDG 311-CHARTER MS PLACE OF ASSEMBLY TULK'S GLASS & 21 LEMARCHANT RD MS SERVICE SHOP ST. KEVIN'S SCHOOL 434-438 MAIN RD MS SCHOOL ALL SOURCE ENTERPRISES LTD. 431-435 MAIN RD MS TAKE-OUT FOOD SERVICE APS LTD. 117 ROPEWALK LANE MS OFFICE MCDONALD'S RESTAURANTS OF 14 STAVANGER DR SN EATING ESTABLISHMENT ALISON HALLERAN OPAL + ONYX 140 STAVANGER DR OPAL + ONYX SN RETAIL STORE IRVING OIL LTD. 632 TOPSAIL RD IRVING OIL MS SERVICE STATION SHOTOKAN KARATE TOPSAIL RD MS CLUB PIZZA EXPRESS LIMITED TORBAY ROAD-TORBAY RD MALL MS RESTAURANT PETERS PIZZA 411 TORBAY RD MS EATING ESTABLISHMENT PETER'S PIZZA & GOLDEN FOODS 411 TORBAY RD MS EATING ESTABLISHMENT BEST CHINESE FOOD/PETERS PIZZA 215 WATER ST BEST CHINESE FOOD RN RESTAURANT ZORIN INDUSTRIES INC. 365-367 WATER ST SW PARKING LOT COBALT PROPERTIES LIMITED 192-194 TORBAY RD NC ACCESSORY BUILDING CROMBIE DEVELOPMENTS LIMITED 30 KENMOUNT RD RN RETAIL STORE LESTER FAMRS INC 90 PEARLTOWN RD EX AGRICULTURE 55731 NL & LAB INC 100 ELIZ AVE UNITS 414,504 RN CONDOMINIUM JENNIFER S. MURRAY 40 QUIDI VIDI RD, SUITE 105 RN OFFICE NEWFOUNDLAND INDEPENDENT 100 GOWER ST NC OFFICE COBALT PROPERTIES LIMITED 632 TOPSAIL RD SW SERVICE STATION EMPIRE THEATRES LIMITED AVALON MALL RN PLACE OF AMUSEMENT HARBOUR VIEW INN INC. 131 DUCKWORTH ST RN HOTEL

THIS WEEK $ 2,015,026.00

CLASS: INDUSTRIAL

THIS WEEK $ .00

CLASS: GOVERNMENT/INSTITUTIONAL

GRAND CONCOURSE AUTHORITY 305 WATERFORD BRIDGE RD SW ADMIN BLDG/GOV/NON-PROFIT ST. JOHN'S PORT AUTHORITY PIER 17, TERRY FOX MARKER SITE SW ADMIN BLDG/GOV/NON-PROFIT

THIS WEEK $ 324,352.00

CLASS: RESIDENTIAL

BEVERLEY BENSON 11 AMHERST PL NC FENCE GARY DUFFETT AUTUMN DRIVE NC SINGLE DETACHED DWELLING MICHELLE PETTEN 196 BAY BULLS RD NC ACCESSORY BUILDING TRUE NORTH HOMES INC. 74 CAPE PINE ST, LOT 77 NC SINGLE DETACHED DWELLING

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BALNAFAD COMPANY LTD. 65 CAPE PINE ST, LOT 31 NC SINGLE DETACHED DWELLING JOHN PROWSE CONSTRUCTION 139 CASTLE BRIDGE DR - LOT 189 NC SINGLE DETACHED DWELLING GUARDIAN HOMES INC 122 CHEESEMAN DR, LOT 22 NC SINGLE DETACHED DWELLING DENNIS HICKS , LORRAINE HICKS 73 CHEYNE DR, LOT 309 NC SINGLE DETACHED DWELLING WILLIAM & PATRICIA HARRIS 64 CORNWALL CRES NC ACCESSORY BUILDING VICTOR BLACKWOOD 23 COWAN AVE NC ACCESSORY BUILDING TIMOTHY CROSBIE CROSBIE DR-LOT 3 NC SINGLE DETACHED DWELLING RONALD MASON 5 DRUGGET PL NC ACCESSORY BUILDING CHRISTOPHER/ROSE BRAGG 8 ELDERBERRY PL NC ACCESSORY BUILDING MICHAEL COX 50 FRANCIS ST NC PATIO DECK GIBRALTAR DEVELOPMENT 154 FRESHWATER RD NC CONDOMINIUM ALLAN WHITE 12 GOLF AVE NC FENCE GUARDIAN HOMES INC. 103 GREAT EASTERN AVE, LOT 86 NC SINGLE DETACHED DWELLING SHERIE CRAIK 190 GREEN ACRE DR NC ACCESSORY BUILDING KARWOOD CONTRACTING 24 GULLAGE ST - LOT 32 NC SINGLE DETACHED DWELLING HAROLD JANES 26 HAWKER CRES NC ACCESSORY BUILDING REARDON CONSTRUCTION & DEV LTD 36 JENNMAR CRES, LOT 127 NC SINGLE DETACHED DWELLING TAMMY MARIE KING, 34 LADY ANDERSON ST NC ACCESSORY BUILDING MARK NORMAN 137 LADYSMITH DR NC FENCE JEREMY BONIA 38 MCNEILY ST NC ACCESSORY BUILDING JEREMY BONIA 38 MCNEILY ST NC PATIO DECK RONALD BROWN 121 MCNIVEN PL NC ACCESSORY BUILDING ROBERT DOUGLAS FOWLER 34 MUSGRAVE ST NC FENCE TIMOTHY HOSKINS & SUSAN PENNEY 13 OAKRIDGE DR NC PATIO DECK JEFF DRISCOLLEN AND 3 O'GRADY ST NC PATIO DECK NATASHA A. LUBY 86 OLD PETTY HARBOUR RD NC PATIO DECK JOHN LEWIS & KELLY HUDSON 99 PEARLTOWN RD NC SINGLE DETACHED & SUB.APT PETER BATSON 2 PRINGLE PL NC SINGLE DETACHED DWELLING MICHELLE GRIFFIN 19 REGIMENT RD NC FENCE BARRY LAKE 18 REID ST NC FENCE KEITH RIDEOUT 71 REID ST NC ACCESSORY BUILDING MICHAEL PARSONS FINISH 33 ROSALIND ST - LOT 442 NC SINGLE DETACHED & SUB.APT CARDINAL HOMES LIMITED 26 ROTARY DR - LOT 66 NC SINGLE DETACHED DWELLING CARDINAL HOMES LIMITED 73 ROTARY DR - LOT 110 NC SINGLE DETACHED & SUB.APT CARDINAL HOMES LIMITED 77 ROTARY DR, LOT 108 NC SINGLE DETACHED & SUB.APT JAMES & ENDINA STONE 142 ST. CLARE AVE NC PATIO DECK GUARDIAN HOMES INC. 5 SUMAC ST, LOT 83 NC SINGLE DETACHED DWELLING DARRIN CROFT 58 TEAKWOOD DR NC PATIO DECK TERRY POWER 92 TEAKWOOD DR NC FENCE DBH ENTERPRISES LTD. 59 TEAKWOOD DR, LOT 71 NC SINGLE DETACHED DWELLING D. HAZEN SCARTH 6 WOODWYND ST NC ACCESSORY BUILDING STEPHEN MURPHY 88 DOOLING'S LINE CO HOME OFFICE DONALD MACKEY 39 GIL EANNES DR CR SINGLE DETACHED & SUB.APT JOHN FITZGERALD 18 ICELAND PL CR SUBSIDIARY APARTMENT GUARDIAN HOMES INC. 7 ROSEMARKIE ST CR SUBSIDIARY APARTMENT RYAN R. FROUDE & 31 SPRUCEDALE DR EX PATIO DECK VLASTAMIL MASEK 16 WARREN PL EX SINGLE DETACHED DWELLING CLETUS & RITA PARSONS 82 BONAVISTA ST RN PATIO DECK MELISSA CANNING 5 CABOT ST RN TOWNHOUSING ROBERT HULL AND 8 COMPTON PL RN SINGLE DETACHED DWELLING 55736 NFLD INC 100 ELIZABETH AVE, UNIT 208 RN CONDOMINIUM ROGER SAMSON 122 GOWER ST RN SEMI-DETACHED DWELLING BRENDA O'BRIEN & MARK FERGUSON 5 MASONIC TERR RN SEMI-DETACHED DWELLING RICHARD & JENNIFER SINCLAIR 7 MASONIC TERR RN SEMI-DETACHED DWELLING CLARE M. SMITH 12 LIONS RD RN SINGLE DETACHED DWELLING LORI MITCHELL 44 MARK NICHOLS PL RN SINGLE DETACHED DWELLING DR. K. BELL 25 MONKSTOWN RD RN TOWNHOUSING REGINALD NEIL 1 MURPHY'S SQ RN SINGLE DETACHED DWELLING DWAIN GALLANT 53 PRINCE OF WALES ST RN SEMI-DETACHED DWELLING DAMIAN CASTRO 100 SPRINGDALE ST RN SINGLE DETACHED DWELLING TERRY POWER 92 TEAKWOOD DR RN SINGLE DETACHED DWELLING PAUL PATRICK TOBIN 26 FAHEY ST SW SINGLE DETACHED DWELLING HOPE GREEN 79 GLOUCESTER ST SW SINGLE DETACHED & SUB.APT KEITH HILLIER 167 OLD PETTY HARBOUR RD SW SINGLE DETACHED DWELLING

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KAREN BURT 487 SOUTHSIDE RD SW SINGLE DETACHED DWELLING

THIS WEEK $ 12,134,901.00

CLASS: DEMOLITION

JOHN WALSH 16 ALLANDALE RD DM SINGLE DETACHED DWELLING EMPIRE THEATRES LIMITED AVALON MALL DM PLACE OF AMUSEMENT CROMBIE DEVELOPMENTS LIMITED 56 KENMOUNT RD DM RETAIL STORE

THIS WEEK $ 73,000.00

THIS WEEK''S TOTAL: $ 14,547,279.00

REPAIR PERMITS ISSUED: 2011/09/22 TO 2011/09/28 $ 99,410.00

LEGEND

CO CHANGE OF OCCUPANCY SN SIGN CR CHNG OF OCC/RENOVTNS MS MOBILE SIGN EX EXTENSION CC CHIMNEY CONSTRUCTION NC NEW CONSTRUCTION CD CHIMNEY DEMOLITION OC OCCUPANT CHANGE DV DEVELOPMENT FILE RN RENOVATIONS WS WOODSTOVE SW SITE WORK DM DEMOLITION TI TENANT IMPROVEMENTS

Payrolls and Accounts

SJMC2011-10-03/497R It was decided on motion of Councillor Hann; seconded by Councillor Tilley: That the following Payrolls and Accounts for the week ending September 29, 2011, be approved:

Weekly Payment Vouchers For The Week Ending September 29, 2011

PAYROLL

Public works $ 371,044.49 Bi-Weekly Administration $ 717,568.95 Bi-Weekly Management $ 636,981.31 Bi-Weekly Regional Fire Department $ 560,958.52

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ACCOUNTS PAYABLE $2,383,200.93

Total: $4,669,754.20

Petition

Councillor Tilley tabled a petition the prayer of which reads as follows, and which was referred to the Director of Recreation for follow-up: “We the seniors, are on a fixed income and we PROTEST the cost of bridge being raised from $4.00 to $6.00 (a 50% hike). This would cost a couple $4.00 extra.”

MNL Travel

Council considerer a memorandum dated September 29, 2011 from the Deputy City Manager/Director of Corporate Services & City Clerk Regarding the above noted.

SJMC2011-10-03/498R It was moved by Councillor Hanlon; seconded by Councillor Galgay: That travel by Deputy Mayor Duff, Councillors Hickman and O’Leary to Corner Brook to attend Municipalities Newfoundland & Labrador Annual Convention & Trade Show, November 2 to 5, 2011, be approved.

The motion being put was unanimously carried.

Storm Sewer Easement – Barrows Road – Randy Ring

Council considered a memorandum dated September 27, 2011 from the City Solicitor regarding the above noted.

SJMC2011-10-03/499R It was moved by Councillor Galgay; seconded by Councillor Breen: That compensation in the amount of $4,500 (appraised value) plus legal fees for a storm sewer easement over land of Randy Ring, on Barrows Road, expropriated by the City, be approved.

The motion being put was unanimously carried.

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Press Release – City Receives Top Grade for Freedom of Information

Council acknowledged the above noted Press Release advising of the City receiving an A Grade from the 2011 National Freedom of Information Audit conducted by Newspapers Canada. October 2011 Economic Update

Councillor Hanlon presented the highlights of the October 2011 Economic Update.

Deputy Mayor Duff

Deputy Mayor Duff advised residents that Council has endorsed a recommendation of the Mayor’s Advisory Committee on Affordable Housing to call on candidates to stand with the City and take action on a number of priorities to address affordable housing in St. John’s.

Councillor O’Leary

Councillor O’Leary advised that St. John’s Clean and Beautiful is calling for Expressions of Interest for new board members and the deadline for submissions is October 14, 2011 and encouraged residents to apply.

Councillor O’Leary noted that she was advised that a street light located at the bottom of Margaret’s Place is not working properly. The matter was referred to the Director of Engineering for follow-up

Councillor O’Leary advised that the Multicultural Women’s Organization of Newfoundland and Labrador is organizing trans-cultural competency and awareness training noting that anyone interested in taking part can find the information online.

Councillor Hann

Councillor Hann advised that City employees conducting an inspection of the Broad Cove River watershed discovered illegal dumping on property in the Broad

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Cove River Watershed, within the boundaries of Paradise, and presented pictures of the garbage. Councillor Hann asked that His Worship the Mayor write the Mayor of the Town of Paradise requesting that the town take steps to ensure this land is cleaned up by the owner.

Councillor Breen

Councillor Breen expressed concern about businesses operating out of hotels without holding City business permits and indicated he has asked that staff contact the hotels to advise them that those businesses are not permitted to operate under their business permit. Councillor Breen also asked that staff look at the City’s permit fee structure compared to other jurisdictions to ensure a level playing field.

Councillor Galgay

Councillor Galgay tabled a letter from Ms. Melanie Davis on behalf of residents of Calver Avenue and surrounding area, requesting that priority be given to replacement of the sidewalks. The matter was referred to the Director of Engineering for follow-up.

Councillor Tilley

Councillor Tilley tabled a letter from Mr. Chad Decker, 11 Boggy Hall Place asking that the City consider installing a fence at the end of Boggy Hall Place in the interest of safety. The matter was referred to the Deputy City Manager/ Director of Public Works & Parks for follow-up.

Councillor Hanlon

Councillor Hanlon asked that the City consider providing information on its website similar to the provincial government with respect to crisis centres for women.

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Councillor Collins

Councillor Collins advised that the situation with respect to the low water levels experienced by some residents on Old Bay Bulls Road has been referred to staff and is hopeful the situation will be resolved within a week.

Adjournment

There being no further business the meeting adjourned at 5:45 p.m.

______MAYOR

______CITY CLERK