Why has City failed to promote the 2022 budget public consultation?

1. The consultation announcement

The following is an excerpt from the City of Charlottetown’s online announcement dated Thursday, December 16:

Residents, stakeholders and local businesses are invited to have their say on the City of Charlottetown’s 2022/2023 Annual Capital Budget. Community members are invited to provide comments on what they would like to see reflected in the upcoming budget. The input will help to inform Council’s deliberation of the proposed budget, ahead of approving the final budget. […] This year, written feedback is being accepted until 12 p.m. (noon) on Friday, January 14.


2. How the City and the media failed the public

The City

The online announcement appeared on that Thursday in “News and Notices” on the City’s Web site. Whoever missed it for the time it was on the main screen would have no knowledge about the call for public input.

What’s more, the budget consultation invitation is not featured on the Home page. Mainly because there is no section on the home page to promote public engagement. A curious citizen could do a search using “Budget 2022”.

It would be hard to guess that the announcement is located under Finance in the Mayor & Council section and reduced to two words: Annual Bugdet.

The striking absence of any action by the City to engage and involve the public prompted a query to the City of Charlottetown Communications Officer on Wednesday, January 5: “Was this announced in the media, either through a press release or a public notice? I have not been able to find anything on The Guardian‘s or CBC’s web sites.”

The same-day reply: “A Public Service Announcement was sent to media and community groups on December 16, 2021. I have attached the link to our City news article that is posted on our website.”

A follow-up question “Will a notice (i.e. ad) be published in The Guardian this Saturday?” was sent Thursday morning, January 6, to which no reply was received. [No municipal notice was found in The Guardian between December 16 and January 10]. A second follow-up e-mail sent Monday mid-day, January 10, remained unanswered by the end of the day.

With its one online announcement on December 16, the City has clearly failed in its duty to adequately inform citizens and raise awareness about the annual budget consultation. The administration also failed in its responsibility to verify that the media published the Public Service Announcement in a timely manner.

“Good practice for good governance in a public sector organization involves actively communicating with internal and external stakeholders, inviting feedback (even complaints).”

Public Sector Governance ‛A Guide to the Principles of Good Practice’,
Office of the Auditor General of British Columbia

Whats more, it appears that the City has no established public consultation/engagement process. Or if it does, it applies it in a rather inconsistent manner.

A comparison of other Canadian cities revealed that they begin their public engagement process with a survey and/or a round (or two) of public feedback on the draft budget. Examples from 2020 and 2021 include Regina, Kamloops, West Kelowna, Ottawa, and Quesnel. Kamloops and Ottawa provide a short explanatory video on how city budgets work, and Ottawa even organizes councillor-led meetings.

Conclusion: the City has clearly no defined or recognized participatory budgeting process that reaches all residents.

Perhaps the next administration would be open to following these three crucial things to consider when planning the next budget consultation:

  • Explain the current budget spending levels in an easily digestible way
  • Ask the community about their budget priorities
  • Explain the impact of increased spending [if any] in real terms

The media

Why did CBC and The Guardian not communicate the City’s public service announcement?

The Canadian Association of Journalists Ethics Guidelines state, under Accountability:

  • We are accountable to the public for the fairness and reliability of our reporting.
  • We serve the public interest, and put the needs of our audience – readers, listeners or viewers – at the forefront of our newsgathering decisions.

3. The province also has a part to play

A search of the Municipal Government Act, which “provides the legislative framework that is necessary for municipal governments in the Province of Prince Edward Island to create and sustain safe, healthy, orderly and viable communities”, contains all of twenty-seven words with respect to a municipality’s obligation to the public:
Section 151. Public meeting
(1) Not less than two weeks before adopting its financial plan, the council shall give public notice and hold a public meeting in respect of the financial plan.

This Act, passed in 2017, has many gaps and ambiguities. It is in dire need of a thorough review and a serious overhaul to bring it in line with good governance best practices. The Municipal Government Act requires a more robust legistative framework if municipalities are to be truly orderly and viable.


More on this topic:

Watch

  1. City of Ottawa How your city budget works (3 minutes 50 seconds)
  2. City of Kamloops Basic intro to the City and Budgeting (1 minute)

read

  1. Increase participation in local government
  2. Community Engagement in Government
  3. Three crucial things to consider when planning the next budget consultation

For online written submissions, visit charlottetown.ca/budget.


P.E.I. Municipal Elections
Charlottetown Votes
Monday, November 7, 2022

Report an error, or send a question or comment by e-mail to:
newcharlottetownproject @ eastlink.ca

Disturbing Facts About Killam/APM’s 
Sherwood Crossing Development Project (2)

Is the use of public funds justified?

In a series of unrelated steps, a majority of City councillors voted in favour of allocating public funds between 2020 and 2021 as follows:

  • $650,000 to build a new public road to connect Towers Road with Spencer Drive (Special Meeting of Council, 6 Feb. 2020, vote 6–0). This “public” road is part of the Charlottetown Mall parking lot; the mall is now wholly owned by Killam REIT and Tim Banksʼs Pan American Properties.
  • An additional $69,000 to perform a comprehensive traffic study of undeveloped lands adjacent to the main retail area of Charlottetown (Special Meeting of Council, 19 Mar. 2020, vote 9–0)
  • $550,000 to fund the purchase of two properties (241 and 245 Mount Edward Rd), which border Killam/RioCan/APM’s proposed Sherwood Crossing property, to make way for the Spencer Drive extension (which will cross Confederation Trail). In addition, the City’s Public Works Department will act as property manager for a two-year period [involving, at the least, maintenance costs]. (Monthly Meeting of Council, 8 Feb. 2021, vote 6–3).
  • An as-yet unknown amount for the future construction of the Spencer Drive extension to Mount Edward Road, of which a portion of the land is on the Killam/RioCan property and thus might be subject to sections 45.2.1. and 45.2.3. in the Zoning & Development Bylaw.

The Development Agreement drawn up for Pan American Properties, whose president is Tim Banks, includes the following clauses:

2.4. The Developer shall enter into a Roads and Services Agreement for the portion of public road to connect this development to Spencer Drive.

2.5. The developer shall deed to the City the future public road corridor as shown on the north boundary of the Master Plan at no cost to the City prior to the issuance of any building and development permits. Notwithstanding any existing or future by-law of the City, the City acknowledges that the Developer shall not be responsible to contribute to the cost of development of any public street to be constructed on the public road corridor, other than the portion referred to in Clause 2.4. hereof, unless the Developer creates an access to such public street from the property.

2.7. If subdivision approval is sought, then a final plan(s) of subdivision must be approved by the City and each individual lot must have frontage on a public street.

It therefore appears that City Council approved well over $1 million in public money for costs in and around Sherwood Crossing, some of which, by definition, seem to have been the developer’s responsibility.

The land owner is Killam Properties Inc, based in Halifax, an out-of-province Real Estate Investment Trust [REITs own, operate, or finance income-generating real estate], which already enjoys preferential financial/tax treatment.  Tim Banks is a founding member of Killam. Moreover, by including “affordable” units, Killam benefits from the province’s Affordable Housing Development Program, which provides forgivable loans of $45,000 per unit, with the loan forgiveness period ranging from 15 to 25 years. 


November 2020

CBC PEI: As for the project having to fall in line with the master traffic plan, Banks isnʼt worried. “There will be nothing in there that will surprise us,” he said.

THE GUARDIAN: There will also be a road built that links the neighbourhoods of Sherwood and West Royalty through a public link road. The road would connect Ash Drive, at Mount Edward Road, with Spencer Drive, taking some of the traffic pressure off Towers Road. “The new road network has provisions for a sidewalk and a biking lane and provides for a future link to other lands in the immediate area,” Banks said.

While there might have been nothing in the City’s transportation master plan to surprise Mr Banks, a Killam REIT director and owner/CEO of APM Construction, there certainly is plenty to cause anxiety to residents living in surrounding neighbourhoods.

It is fully in the interest of the public and the residents living in any community to be informed about any and all changes that may affect their quality of life in one, three, or even ten years from now.


UPDATES

1. The IRAC hearing LA21001 Don Read v. City of Charlottetown, held on 31 May 2021, is still awaiting a decision. The reasons for the appeal lies in the failure to fulfill Condition 1 out of the five conditions set forth by Council to approve the development.
Condition 1 requires that the Cityʼs [final] Traffic Master Plan (TMP) confirm that the development does not conflict with the proposed site plan.

2. Appeal LA21021 – Douglas MacArthur v. City of Charlottetown was received by IRAC on 15 September 2021.

The appeal was filed in the event the Request for Reconsideration submitted to the City was rejected.

City Council will vote on the Planning Boardʼs recommendation to reject Mr MacArthurʼs Request for Reconsideration (same reasons as the IRAC appeal) at the Regular Meeting of Council on Monday, November 8, 2021.

Mr MacArthur bases his appeal on Section 24 (3) of the Planning Act Absence of Approval. He states: “The land in question is also currently the subject of an IRAC rezoning appeal, hence there was absence of approvel for the necessary zoning of the land at the time (Aug.26) the site and foundation permits were approved by City Council. In short, the permits were approved even though the land in question did not have the necessary zoning in place to accommodate the proposed development and permit activity.”

Report an error, or send a question or comment by e-mail to:
newcharlottetownproject @ eastlink.ca

Posted: Nov 06, 2021, 7:50 AM AT | Last Updated: Nov 08, 8:36 PM AT

Sherwood Crossing: City in breach of planning and decision-making processes

Author: Doug MacArthur

On Wednesday of this week, we [signed off by Doug MacArthur] filed a request with the City that it Reconsider its August 26, 2021, decision to approve site and foundation construction permits for the proposed townhouses on Towers Road re Killam’s/APM’s Sherwood Crossing project. Also on Wednesday we filed an IRAC Appeal in the same matter.

Our filings make the case that proper process is not being followed. In our view, it is not appropriate for permits to be issued and construction to proceed on a project which has not yet even had its rezoning approved. That rezoning is presently the subject of another party’s IRAC appeal begun early in 2021.

In our view, it is not appropriate for permits to be issued and construction to proceed on a project which has not yet even had its rezoning approved.

Doug MacArthur

Additionally, the August 26 City Council permit approval meeting, both in public and in closed session, was chaired by Mayor Philip Brown, who we believe should have declared a conflict of interest, excused himself, and should have avoided any involvement in the discussions or decisions relating to the August 26 City Council approval. We believe the August 26 permit approval process was tainted.

We also have other issues with the exaggerated relevance being attached to the Sherwood Crossing development agreement between the City and the developer. We believe there have been other process violations, not to mention APM/Killam proceeding for a considerable time with construction this summer at Sherwood Crossing without a permit, and receiving no sanctions for doing so.

We believe there have been other process violations, not to mention APM/Killam proceeding for a considerable time with construction this summer at Sherwood Crossing without a permit and receiving no sanctions for doing so.

Doug MacArthur

There is a well-established and defined approval process to be followed for new Charlottetown development projects. In some cases, particularly Sherwood Crossing, that process has not been respected or followed. It needs to be followed if citizens are to have confidence in City Hall decision-making and in our municipal checks and balances. So, the purpose in our Wednesday filings is to help restore proper and proven processes to City Hall decision-making. We are not necessarily against a development at Sherwood Crossing, but we want any development to respect proper process, not engage in unacceptable tactics that do a disservice to our community.

The next steps in our filings will be for City Hall to consider our Reconsideration request while our IRAC Appeal is held in abeyance. If our Reconsideration request is rejected, then the IRAC appeal will proceed. There may also be some other related filings along the way.

This post will likely draw the ire of the usual small handful of vested interests, contrarians, and wild-west advocates, and that comes with the territory. However, we wish to express our appreciation to the thousands of Charlottetown and PEI citizens who support our posts, week in and week out. Our most recent post re potential Mayor Brown conflict of interest has been viewed by over 10,000 people, liked by almost 200 people, commented on by more than 125 people and shared by more than 80 people, for a total of almost 400 people who took the time to express their views and concerns. That is phenomenal support, it is what public participation is all about, and it is very much appreciated. It is testament to the thousands of citizens who want a future of Charlottetown in which we can have great pride and confidence.

Author: Doug MacArthur
Published Thursday, 16 September 2021, on Future of Charlottetown Facebook page

Is Mayor Brown in an ongoing conflict of interest? The public needs answers. 

Author: Doug MacArthur

Following is a summary of pertinent facts to consider re Mayor Philip Brown and his possible conflict of interest re APM et al. In addition to being mayor of Charlottetown, Mayor Philip Brown works with his family business [EB Brown Transport and Crane Services Inc and Atlantic Hy-Span Ltd] as a business accountant and public relations officer and director. His family business is a member of the Construction Association of PEI with Philip Brown listed as the EB Brown contact person.

Since becoming mayor, his family business has provided crane services to Tim Banks/APM on a number of projects, including the Blackbush Tracadie project in 2020 and APM projects in the city. When questioned on this, Tim Banks recently told CBC News “..the mayor’s crane shows up on our job sites, what are we supposed to do, wait until we can get one from the Irvings? It’s just doing business on a small island.” It should be noted that there are other PEI crane services providers besides EB Brown.

Despite his private business interests, Mayor Brown has not excused himself from City Hall development/planning/permit deliberations/decisions involving Tim Banks and/or APM and related companies. In fact, Mayor Brown has presided at various such City Council meetings, most recently in the City Council decision in late August to approve a footings permit for Killam/APM’s Sherwood Crossing project after other City officials had issued a Cease Construction Order to APM. Mayor Brown also vigorously contended that the 15 Haviland Killam/APM-proposed waterfront high-rise should be granted “as of right” without an opportunity for Council or public input. The 15 Haviland project does not even remotely qualify for “as of right” (without the need for additional approvals or amendments). He also contends that he doesn’t vote as mayor unless there is a tie. But he doesn’t mention that he sits and participates on every Council committee, including Planning Board, and has voting rights on all of them.

At an August 9th, 2021, Regular Monthly meeting of City Council, a councillor asked City Solicitor David Hooley what happens if a Council member has a conflict of interest and doesn’t declare it? What are the consequences? David Hooley replied that the consequences for a member who doesn’t declare a conflict of interest are serious, based on PEI’s Municipal Government Act. Mr Hooley noted that the consequences are also serious for the organization [i.e. City Council] because the person not declaring the conflict may taint the whole organization and require that the whole project approval process go back to Council again. This opinion by Mr Hooley should be a concern relating to Sherwood Crossing, and possibly other APM developments in which Mayor Brown has participated.

The Municipal Government Act (Section 96) is very clear.
(1) A council member is in a conflict of interest if, in relation to a matter under consideration by the council, the member or a person closely connected to the member
(a) has any pecuniary interest; ….
(2) A council member is in a conflict of interest if the member makes a decision or participates in making a decision in the execution of his or her office while at the same time the member knows or ought reasonably to know that the member’s private interests or the private interests of a person closely connected to the member affected the member’s impartiality in the making of the decision….
(3) A council member who is in a conflict of interest as described in subsection (1) or (2) shall
(a) declare the member’s interest in the matter before the council;
(b) remove himself or herself from the council meeting and any other meeting when the matter is discussed;
(c) abstain from the discussion and voting on the matter; and
(d) not attempt in any way, before, during or after a meeting, to influence the discussion or voting on any question, decision, recommendation or other action to be taken involving a matter in which the member has a conflict of interest.
(4) Subject to subsection (6), a member who fails to comply with clauses (3)(a) to (c) or who contravenes clause (3)(d) is disqualified from serving on council.”

Finally, although Future of Charlottetown has issues with Councillor Greg Rivard being the official real estate agent for Killam/APM’s Sherwood Crossing project, Councillor Rivard, to his credit, was quoted in a CBC interview last week as saying “I’ve stepped out of the room on any conversation because I’m in conflict,” he says. “Any discussion with regards to anything related to the developer, Tim Banks, any project that he comes forward with, I’m in conflict.”

Why shouldn’t Mayor Philip Brown have followed the same course and what, if anything, are the consequences for not doing so? Also, what are the City Solicitor’s responsibilities to advise City Council re this potentially serious conflict on the Mayor’s part and to protect the public interest, and what are the responsibilities of councillors in this matter? And what of the Province’s oversight role? The public needs answers.

Author: Doug MacArthur
Published Wednesday, 8 September 2021, on Future of Charlottetown Facebook page

SHERWOOD CROSSING – When Checks and Balances Don’t Work

by Doug MacArthur
published Friday, August 27, 2021, on Future of Charlottetown

Checks and balances are defined as “various procedures set in place to reduce mistakes, prevent improper behaviour, or decrease the risk of centralization of power”. They are not working in the case of Killam/APM’s Sherwood Crossing project approval process.

On January 4, 2021, an IRAC appeal was launched against the City’s decision to rezone the Sherwood Crossing lands to enable Killam/APM to build a large project on the site. That appeal is still before IRAC, with City Hall on August 6, 2021, filing its most recent information with IRAC in response to questionable testimony given by the City’s Planning Department official who has handled the file, and by Tim Banks, as well as questions about when the Development Agreement between City Hall was actually signed off by the City [Mayor Philip Brown and CAO Peter Kelly] and by the Developer [Tim Banks]. The Development Agreement is dated April 15, 2021, but appears not to be signed off until June, 2021. All of this information and more can be found on the IRAC website, and it is well worth reading.

The point is that it may be some time before IRAC decides on the Sherwood Crossing rezoning appeal, so the site does not now have final approval for development. Yet Mayor Brown and Peter Kelly on behalf of the City entered into a Development Agreement in June 2021, re Sherwood Crossing while knowing full well that the property rezoning has been under IRAC appeal since January. There is also no clause in the City/Sherwood Crossing Development Agreement [see IRAC website] which specifically makes the Development Agreement conditional on a favourable decision by IRAC re the rezoning. Yet, it is common and proper practice to do so. For example, Nova Scotia municipal regulations require “that a development agreement shall not be entered into until all appeals have been abandoned or disposed of”.

And how has Tim Banks/APM responded since he has had the Development Agreement in place? He has publicly regarded it as a commitment by City Hall to enable him to begin construction, and APM in fact recently undertook substantial construction work at the Sherwood Crossing site, before having a Cease Construction order issued by City Hall last week after this writer [Doug MacArthur ] filed a complaint. Under Govt of PEI regulations, “In almost all instances both a Development Permit AND a Building Permit will be required before construction can begin on a project”. Tim Banks/APM had neither for the Sherwood Crossing project.

After City Hall issued the Sherwood Crossing Cease Construction order, Tim Banks threatened to take legal action against City Hall. And, instead of the City standing its ground., it held a closed session of City Council this week, after which, Mayor Philip Brown presiding, there was a City Council vote taken to issue APM a foundation permit, enabling Sherwood Crossing construction work to resume. 

A Development Agreement is NOT a Development Permit, but City Hall seems to be treating it as one. If a Sherwood Crossing Development Agreement gives APM the right to begin construction there, then what’s to stop Mr Banks/APM/Killam and City Hall doing the same thing at 15 Haviland where they have had a Development Agreement for their proposed 99-unit, 10-storey structure since January of 2020? More on all this in upcoming posts.

Bottom line is that the development checks and balances aren’t working in Charlottetown. Many citizens have lost trust in our mayor and most councillors to represent our interests. Often we either don’t know what’s going on at City Hall, or we’re fed the pablum version of transparency, such as the current Chair of Planning’s [Terry MacLeod] version of next steps in the Sherwood Crossing saga. 

The Province obviously wants nothing to do with any of this, even though it has a clear oversight responsibility which it is not fulfilling. If it won’t stand up for the citizens of our city, it should at least support IRAC. How can the Province expect IRAC to make a fair decision, without pressure, on the current Sherwood Crossing rezoning IRAC appeal when construction of a $95 million project is already underway and when City Hall has not protected itself in the terms of the Development Agreement that Mayor Brown and Peter Kelly signed? Because City Hall and Govt of PEI checks and balances on development don’t work, the citizens of Charlottetown are left holding the bag, and paying the possible lawsuits to follow.


Time for the Province to step up re Charlottetown City Council mayhem

by Doug MacArthur
published Friday, August 20, 2021, on Future of Charlottetown social media

This Future of Charlottetown Facebook page was created one year ago, primarily to bring attention to major municipal issues in which the Mayor Philip Brown administration, for whatever reasons, has not been properly representing the interests of the citizens of Charlottetown. The situation continues to deteriorate to the point where it seems that this City administration either doesn’t understand its responsibilities to the public, or it doesn’t give a damn about those responsibilities. It is past time for the Government of PEI to exercise its oversight responsibilities.

We have posted on questionable City Hall development approval processes, [eg Killam/APM 15 Haviland and Sherwood Crossing projects]; potential conflicts of interest, including Councillor Greg Rivard, or maybe the mayor himself through his construction business [see recent Charlottetown work site photos here]; questionable tendering processes [eg fire station architectural bids]; lack of by-law enforcement related to favoured businesses; misleading reports to the public; far too many closed-door Council meetings; and on and on. 

We have also asked many questions of the Mayor, usually without receiving authentic, informative answers. Meanwhile, almost every neighbourhood of our city has had to mobilize to reverse inappropriate City Hall decisions [eg Simmons rink and pool, Trainor Street], or to file IRAC appeals. It has to stop.

Our November 3, 2020, Facebook post reported on a public inquiry final report released the previous day on conflicts, etc., involving the municipal government in Collingwood, Ontario. Following is a CBC excerpt related to the conclusions: “Unfair bidding practices, unfair procurement practices, conflicts of interest, inaccurate and misleading town council reports, the misuse and inappropriate disclosure of the town’s confidential information”, was how (Judge Frank) Marrocco described his findings Monday at a news conference releasing his 914-page report. “In other words, behaviours that, left unaddressed, undermines the foundational core and reputation of a municipal government.”

These same issues are rampant in the Mayor Brown administration. The Government of Ontario acted to launch the Collingwood public inquiry. Surely, the PEI Government has a similar responsibility in the current situation in which the Brown administration is clearly not acting in the public interest on many fronts. Although the Government of PEI should not require even more public outcry in order to act, a citizens’ petition delivered on Rochford Square may need to be the next steps to correct this unacceptable and deteriorating City of Charlottetown situation.

Sherwood Crossing update: Last week, we filed a complaint with City Hall re Killam/APM construction proceeding without permit approval. Finally, this week City Hall advised me [Doug MacArthur] that a Cease Construction order was issued by the City to APM. Thank you to all who brought this major, unauthorized construction to our attention.

View from Towers Road (August 13, 2021)

Interpreting City Councilʼs Code of Conduct

At the June 22 Public Meeting to hear the Request for Reconsideration filed by Mel’s Convenience owner Dan MacIsaac, a resident asked whether Councillor Terry Bernard and Councillor Mike Duffy had violated the Council Code of Conduct bylaw.

The resident informed Council that Counc. Bernard had written a letter on City letterhead informing his wardʼs constituents about the St Peters Rd roundabout (a provincial matter), but failed to mention Melʼs rezoning application, a municipal matter and the subject of the Request for Reconsideration. In Counc. Duffyʼs case, he had expressed his voting intention on the Request for Reconsideration at an open Council meeting, which should have disqualified him from voting on the Reconsideration resolution.

Section 9. General Conduct
(b) Members of Council must be committed to performing their fucntions with integrity and to avoiding conflicts of interest and the improper use of the influence of their office
.

Cox & Palmer lawyer David Hooley, as legal counsel for the City of Charlottetown, was asked to provide a legal opinion. He deemed that both councillors were not in a conflict of interest. In other words, they had not contravened the Code of Conduct.

The information relating to both councillors can be found here (July 1 post, see hyperlinks in #5).


On Monday, July 12, Council met in a closed session at a Special Meeting of Council, where Councillor Mitchell Tweel was informed that he breached the Code of Conduct. The resolution, found on the last page of the July 12 Resolutions and Minutes file, does not specify the relevant section(s) of the Bylaw associated with the transgression, nor of any other City Bylaw.

According to The Guardian’s July 13 article, Tweel failed to attend 30 of the 32 Planning Board meetings held since last October, when the committees were restructured. Mayor Brown said when Tweel brought up concerns [in 2020] about his family business connections, senior administration asked its legal counsel, Karen Campbell, to look into the matter. She found no conflict of interest.

The way the article was written, the Mayor didn’t quite follow the order of the complaint and resolution process: “That’s when an independent third-party human resources investigator was brought in. The investigator’s report found Tweel to be in breach of the city’s code of conduct. […] Brown said the city then offered to bring in a mediator. Duffy declined, so the matter went back to council […]”

The Code of Conduct Bylaw states:
25.8. If the matter is not satisfactorily resolved after the Mayorʼs facilitation […], the Mayor, with the assistance of the CAO, may appoint a mediator to attempt to resolve the matter.
26.1. Failing resolution by the Mayorʼs facilitation or mediation, the Mayor […] will appoint an independent investigator…

The Code of Conduct Bylaw does not list a councillorʼs obligations to attend a set number of committee meetings. Nor was such a requirement found in the Cityʼs Procedural Bylaw.


On July 19, this billboard was seen on the corner of Towers and Mount Edward roads.

Councillor Greg Rivard was the Chair of the Planning & Heritage Committee from January 2019 to mid-October 2020.

In February 2020, CBC posted an article about a new development, quoting APM owner Tim Banks that it “goes before the city’s planning board on March 2.” Ultimately, what has become known as Sherwood Crossing was presented to the Planning Board on August 4. A public meeting was held on August 26.

The Planning Department presented its report, including feedback received from citizens, at the September 8 Planning Board meeting. Councillor Julie McCabe made motion for a deferral, because the traffic study commissioned by the City and involving the development had not been received. The vote was tied 4–4. The only time a Chair can vote is to break a tie. Councillor Rivard voted against the deferral.

A discussion then took place about the traffic study. Planning Manager Alex Forbes suggested that Council could request a deferral, thereby signalling his desire that the application be recommended to Council for approval. Councillor Rivard brushed Resident member Rosemary Herbertʼs concerns away too, stating that “if the information is not there [in the meeting package] to support the motion, then Council has every right to defer…” at the Monday meeting.

In January 2021, Greg Rivard joined RE/MAX Charlottetown as a licensed realtor. He recently became the listing agent for Tim Banksʼs Sherwood Crossing development [Note: IRAC appeal still ongoing].

Future of Charlottetown contacted Greg Rivard about the perceived conflict of interest and received this reply by e-mail: “I was contacted apprx 3 weeks ago by representatives of Killam/APM asking if I would be interested in listing the properties through myself and Remax. I contacted my own solicitor as well as the City solicitor and asked them to review prior to accepting the offer.  I was cleared with no conflict concerns.”


Four councillors, four different situations, three cleared by the Cityʼs legal counsel, and one penalized after an investigation that cost $6K determined he didn’t attend 30 committee meetings.


Recent goings-on at City Hall

June 28 Special Meeting of Council

The agenda was quite packed for a Special Meeting of Council. The focus in this post is on:
4. e)  Planning Report and Resolutions: i. Angus Drive / St. Peters Road Reconsideration

The outcome of the rezoning application Request for Reconsideration resolution was published after second reading on July 5 in The Guardian. During the meeting, City Planner Laurel Palmer Thompson mentioned the letters received for and against the rezoning reconsideration: “… something like 27 letters in support, and something like 7 letters in opposition. They were all included in the package.”
[Note: letter = email]

The Public Meeting (June 22) package contained 4 letters from businesses in favour of the reconsideration, and 1 letter from a resident against (pages 66–73). A supplementary package contained letters received from June 16 to 22 with 2 letters in support and 3 letters in opposition. This adds up to 6 letters in support and 4 in opposition, nowhere near the approximately 27 and 7 mentioned by Thompson.

Thus began a series of e-mails to the Planning Department to enquire (a) about the missing letters and (b) the absence of Special Meeting of Council meeting packages online.

The response from the City’s Records Management Clerk to (b) was: “At this time, the City does not post Special Meeting of Council packages on our website. As per the Municipal Government Act of PEI [Section 121], the City is only required to publish a notice (agenda) on the website and post a copy of the notice at a location at City Hall where it may be seen by the public; at least 24 hours before the time of the meeting.”

The response to (a) was that the missing letters were included in the Special Meeting of Council package.

A follow-up question was sent to the Planning Department: “Would it be possible to create another document with those letters and file it under 2021 Public Meeting Packages?”

Reply from the Planning Department: “Since these letters were included in the package for Council’s special meeting and are not available online at this time, I have added the document with these additional letters (received after June 22) under 2021 Public Meeting packages.” Thank you!

An analysis of the document found that it contained twenty-four letters/e-mails, which varied in length and content. While nineteen expressed support for the roundabout, only one referred to the reconsideration request and only one other mentioned the rezoning application. Fifteen of the writers live on the east side of St Peters Rd (i.e. Oakland Estates subdivision). The five who expressed their opposition, and their reasons, referred to the request for reconsideration on the rezoning application.

The City—and the Province—did an extremely poor job handling this rezoning application and the request for reconsideration, leaving no room for a fair and reasonable discussion among citizens to work together on a solution that could have united and appeased residents on both sides of St Peters Road. It is no surprise that the messy process ended on such a discordant note, leaving a number of residents bitter and in anguish … and one businessman laughing all the way to the bank.


July 5 Special Meeting of Council

Another busy agenda that included the second reading of a revised rezoning resolution for a lot on Angus Drive and a lot on St Peters Road (both from Residential to Parking – housing crisis, anyone?), the “Marshfield Annexation” (closed session, IRAC involved, postponed to Monday), and verbatim requests, a topic of interest since late April.

4 f)  Verbatim Requests of Council Meetings

CAO Peter Kelly has proposed ending the decades-long practice of verbatim account requests. What does this mean?

A verbatim account is a word-for-word transcript of a debate or a discussion — in part of in full — between two or more individuals during a Council or a committee meeting. A verbatim account request can be made, for instance, by the Planning Department (e.g. IRAC hearing) or by a councillor.

Mr Kelly stated that most municipalities do not provide verbatim minutes of meetings. That is probably true because minutes, by their very definition, are “a summarized record of the proceedings at a meeting” (Oxford).

Mayor Brown also used the term ‛verbatim minutesʼ, an oxymoron, because meeting minutes are meant to record resolutions, actions, decisions and votes.

I would argue that meeting minutes and an excerpt of a debate are not one and the same.

The twenty-minute discussion was rather revealing.

Councillor Jankov raised the issue early on about the poor quality of the sound recording equipment and proposed deferring a vote.

Councillor Duffy lead the charge on ending the practice, asserting that anyone with five minutes of training can type up their own verbatim accounts, and that the live closed captioning (CC) option is ideal for people with a hearing problem. Key problem: CC does not identify who is speaking. Also, the text just runs on … so if two people speak at the same time, you can imagine how much sense the words make. And, every now and then, a sentence is not captured, to the detriment of a non-hearing reader.

Councillor Tweel, who has made the most requests for verbatim accounts, defended the practice.

Later, Duffy stated that itʼs not a question of a verbatim account request being handled, but who will do it. Is this contradicting Mr Kellyʼs goal to abolish to practice?

Mayor Brown can talk about this Council being open, transparent and accountable, but is it really if it excludes people living with a vision or hearing or reading disability?

In the end, the motion was to defer a vote until after better audio equipment is installed. (What about video?)

Below are a few examples of CC screen shots taken during the video recording of this meeting:

Update (7): St Peters Rd/Angus Dr — Public meeting #2, June 22

Municipal officials, elected and otherwise, have been pulling out the stops to push through this rezoning application. It seems no effort is spared to manipulate an application, at both the residentsʼ and the publicʼs cost. Just as no effort is being spared to ensure Killam/APMʼs Sherwood Crossing, and other developments, and more roads, will be built in Sherwood … on undeveloped land to boot.

Please share this post or the link to the agenda with family, friends, neighbours. If you or they cannot attend this meeting, please watch it online. Numbers count. Community counts. Our rights as citizens count.

PUBLIC MEETING AGENDA
NOTICE OF MEETING
Tuesday, June 22, 2021 at 7:00 p.m. 

Victorian Room, Rodd Charlottetown Hotel, 75 Kent Street
(Also accessible via Videoconference (Webex) and live stream at www.charlottetown.ca/video)

  1. Call to Order
  2. Declaration of Conflicts
  3. Approval of Agenda
  4. Discussions:
    a) Reconsideration for Angus Drive (Lot 40) (PID #419143) & 413 St. Peters Road (PID #419135)
    Please be advised that on Monday, May 31, 2021, Council reviewed their decision of April 26, 2021 to reject the request to:
    • Amend Appendix G –Zoning Map of the Zoning & Development Bylaw for:
    -Angus Drive (Lot 40) (PID #419143) from Single Detached Residential (Large) (R-1L) Zone to Mixed Use Corridor (MUC) Zone; and 
    -413 St. Peters Road (PID #419135) from Low Density Residential (R-2) Zone to Mixed Use Corridor (MUC) Zone;
    •Amend Appendix A-Future Land Use Map of the Official Plan Map for:
    -Angus Drive (Lot 40) (PID #419143) & 413 St. Peters Road (PID #419135) from Mature Neighbourhood to Village Centre Commercial;
    •And further, to consolidate Angus Drive (Lot 40) (PID #419143), 413 St. Peters Road (PID #419135) and 419 St. Peters Road (PID #192187),

    in order to facilitate road upgrades by the Province to St. Peters Road and construct a second means of access for the convenience store to and from Angus Drive. 

    Section 3.15 of the Zoning and Development Bylaw (the “ZD Bylaw”) permits an aggrieved person to request a reconsideration by Council if it is determined that the original decision rendered by Council satisfied a prescribed threshold test. Council has determined that this application did meet the threshold test and have scheduled a public meeting to provide the applicant, the developer and affected property owners or their representatives an opportunity to present their submissions.
  5. Introduction of New Business
  6. Adjournment of Public Session

For contact tracing purposes and due to the room capacity limit of 100 seats, those wishing to participate in person must register in advance and adhere to the guidelines set by the Chief Public Health Officer, details of which are available online at www.princeedwardisland.ca/covid19. Those who are unable or uncomfortable attending in person can participate in the public meeting via videoconference (Webex). Anyone who wants to observe the meeting without commenting can watch it at http://www.charlottetown.ca/video. To register to attend the meeting either in person or by alternate means, residents are requested to contact the Planning & Heritage Department by email at planning@charlottetown.ca or call 902-629-4158 on or before 4:00 p.m. on Friday, June 18, 2021 to provide their contact details (name, phone number and/or email address). Once the maximum capacity has been reached, residents will be advised to participate in the meeting by videoconference (Webex). Business hours are between 8:00 AM –4:00 PM, Monday –Friday. Staff will contact interested participants no later 4:00 p.m. on Monday, June 21, 2021 with details on how to participate in the meeting. The City encourages written submissions to Council be received prior to the public meeting. Notwithstanding, all written submissions by letter may be delivered to the City’s Planning & Heritage Department at P.O. Box 98, 199 Queen Street, Charlottetown, PE, C1A 7K2; or, comments may be emailed to planning@charlottetown.ca on or before 12:00 noon on Wednesday, June 23, 2021. All responses received will become part of the public record. Oral submissions or comments may be made at the public meeting, but residents are requested to please keep their oral submissions to a three (3) to five (5) minute maximum.

View agenda online: https://www.charlottetown.ca/common/pages/DisplayFile.aspx?itemId=17757573

Update (6): ‘When the hurly-burly’s done’ on Angus Drive

A tale, or two, of two neighbourhoods

The Planning Board meeting to review the Request for Reconsideration filed by Dan MacIsaac, President of Mel’s, on Tuesday, 25 May, lasted only thirty minutes, so watching the video recording won’t take too much of anyone’s time.

Councillor Julie McCabe summed up the situation quite succinctly [19:15]: “I believe this is a provincial problem.”

While the outcome was not unexpected (8–1 in favour to endorse the request), it was Mr Forbes’s undeniable support for the reconsideration that was quite revealing. More on that below.

(1) Two neighbourhoods on opposite sides of the road

In a cunning move, Stephen Yeo, chief engineer with the Department of Transportation informed CBC on 20 May of a possible cost-effective but deceptive alternative to the roundabout in the form of a central island (aka median strip), after Charlottetown’s City Council rejected the Province’s assumed acceptance of the Angus Drive exit from Mel’s Convenience store.

On Thursday, 27 May, an interview by CBC morning show host Mitch Cormier with a Hanmac Street resident added another dimension to the St Peters Road/Angus Drive roundabout boondoggle*.

Intentionally or not, the St Peters Road/Angus Drive provincial/municipal project is not only pitting one neighbourhood against another, it also risks bringing two City councillors into conflict with each other. By some quirk of geography, St Peters Road marks the boundary between Ward 9 (north side) and Ward 10 (south side).

Moreover, the CBC article states: “The province said that decision made the proposed roundabout unsafe and presented a new plan without it.” The Planning Board’s meeting package included no drawing with this new plan. Perhaps it will be included in the meeting package of the Special Meeting of Council scheduled for Monday, 31 May, which has a packed agenda: seven items of discussion with the Reconsideration fifth in line.

(2) Two neighbourhoods: double standards

Let’s go back to the Planning Board meeting for the ‘or twoʼ tale of two neighbourhoods.

Alex Forbes, Manager of the Planning & Heritage Department, presented his report on the Request for Reconsideration submitted by Dan MacIssac, President of Melʼs. The gist of the request is based on new information provided by the province about the interdependence of the proposed (provincial) roundabout and the proposed (municipal) Angus Drive exit for traffic leaving Mel’s [go to 13:25 in video recording]. Mr Forbes expressed his opinion that this new information was somehow not clearly conveyed during the 23 March public meeting by the three presenters. Furthermore, he advised the Planning Board that Council can reconsider the rezoning application in favour of Mel’s. Were this to occur, another public meeting would be held to convey all the additional relevant facts.

Compare this with the APM Sherwood Crossing1 rezoning application and subsequent resolution, which Council approved in a 6–3 vote on 14 December 2020,
[A] even though the related Sherwood-area traffic study (later dubbed the ‘West Royalty Commercial Area Transportation Master Plan’) was presumably still being completed at the time the 26 August public meeting took place;
[B] even though the Sherwood-area traffic study was presented to City Council on 29 October at a closed session of a Special Meeting of Council; and
[C] even though Councillor Tweel asked twice (9 November and 14 December) that Council approve a second public meeting, given the new information received by Council on 29 October about future roads for planned developments in the Sherwood neighbourhood. His request was denied both times.

Here is what Councillor Duffy said during the 14 December Monthly Meeting of Council: “People seem to think the larger one [traffic study] is to validate or confirm Sherwood Crossing in place when it actually has nothing to do with that. It had a bearing, but the approval or not of Sherwood Crossing is not contingent upon the master traffic plan” [video 1:00:20 and 2:06:25].

A tale of two governments

It should be remembered that The Guardian reported on the $20 million St Peters Road plan to ‘fix traffic headachesʼ on 21 February 2020. (To set the date in context, the coronavirus was still ‘only’ an epidemic and centred in Asia and on cruise ships.)

The article stated: Speaking before an audience of about 100 residents at the Hillsborough Community Centre on Thursday, P.E.I.’s chief engineer Stephen Yeo said the corridor sees about 1,500 vehicles per hour during peak times. “We could be up to over 2,600 vehicles per hour turning down St. Peters Road [by 2029].”

A progressive government, provincial or municipal, no longer ‘fixes traffic headachesʼ with new roads or roundabouts. A progressive government invests in a combination of interdependent public transportation and active travel. A progressive government strives to reduce car dependence, and promote low-carbon urbanization. A progressive government uses public money for the common good of its citizens and for the community as a whole.

Instead, two levels of government continue to make unpredictable moves in a politically orchestrated attempt to satisfy the desires of a local business owner and to justify expensive, publicly funded roadworks, and in so doing, bringing emotional turmoil to numerous citizens.

Will Monday’s meeting see City councillors influenced to vote a certain way or will cooler heads and moral conscience prevail?


I’m not the type to resort to Shakespeare, but something Alex Forbes said during the Planning Board meeting [29:15] listing the three parties ‘who have an interestʼ got me thinking about the number three in Macbeth. When the hurly-burlyʼs done is from Act 1, Scene 1.

*Boondoggle (n. informal North American): An unnecessary, wasteful, or fraudulent project.

1 IRAC hearing LA21001 – Read v. City of Charlottetown is scheduled for Monday, 31 May 2021. Grounds for appeal: Failure to consult and inform public on City’s Master Traffic Plan with respect to Sherwood Crossing rezoning application.

UPDATE (4): St Peters Rd/Angus Dr

On 12 April, City Councillors voted 8–1  to reject the resolution on this rezoning application, with Coun. Duffy the only one in favour. 

“It would be too much traffic for this residential street. I’m glad council saw it our way.”

Angus Drive resident Paul McGonnell was pleased with Council’s decision.

Yesterday, on 18 May, the agenda for a special meeting of the Planning Board, scheduled for Tuesday, 25 May, was posted. The main topic: Reconsideration request for Angus Drive (Lot 40) (PID #419143) & 413 St. Peters Road (PID #419135).

A reconsideration is permitted under Section 3.15 of the Zoning and Development Bylaw.

3.15 RECONSIDERATION

3.15.1  If a Permit or other approval under this by-law is granted, not granted, or granted subject to conditions and the applicant or an aggrieved person feels the decision is unjustified or unwarranted under this by-law, the applicant or an aggrieved person may seek a reconsideration by Council.

3.15.2  An aggrieved person or an applicant wishing to launch a reconsideration shall make known their intention to do so and the grounds or reasons within twenty-one (21) calendar days of the initial decision.

3.15.3  Council may review, rescind, change or vary any order or decision made by the Development Officer or by Council provided that:

  • New material facts or evidence not available at the time of the initial order or decision have come to light;
  • A material change of circumstances has occurred since the initial order or decision; or
  • There is a clear doubt as to the correctness of the order or decision in the first instance.

3.15.4  A letter shall be sent by ordinary mail explaining the reconsideration request to all Affected Property Owners within 100 m (328.1 ft) of the boundaries of the subject Lot identifying the subject Lot.

3.15.5  Council shall hear any request for reconsideration of a decision under this section and Council shall give all interested persons an opportunity to be heard and make a determination on a request for reconsideration.

3.15.6  The City is not liable for any Development commenced prior to the lapse of the twenty-one (21) calendar day appeal period.

3.15.7  The City shall not consider an application for reconsideration if, at the same time, there is an appeal filed with the Island Regulatory and Appeals Commission; but the City may proceed with reconsideration if the applicant has instructed the Island Regulatory and Appeals Commission in writing to hold the appeal in abeyance, and the Commission has agreed in writing to hold their appeal until the appellant has exhausted the recourse of reconsideration with the City.


From the CBC article posted on 13 April:

Coun. Duffy said around six people gave their opinions at a public meeting and about eight letters were sent. He said he doesn’t think that should be enough to kill a project.

Duffy said the developer can offer another solution that can be brought back to council. He’s hoping to see a solution offered that is acceptable to all parties at the regular council meeting next month.

Posted: 19 May 2021 at 12:32 p.m. | Updated: 19 May 2021 at 8:35 p.m.

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