1989-11-06_Minutes
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COMMON COUNCIL
NOVEMBER 6,1989
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixth day of November, AD. 1989, at 7:00 o'clock p.m.
present
Arthur L. Gould, Esquire, Deputy Mayor
Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb,
Landers, Rogers, A Vincent and M. Vincent
- and -
Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City
Manager; J. Brown, Assistant City Manager - Development; F.
Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J.
C. MacKinnon, Commissioner of Environment and Infrastructure
Services; S. Armstrong, Director of Engineering; S. Bedford,
Director of Community Planning; J. Brownell, Director of
Recreation; W. Butler, Director of Water and Sewerage Services;
M. Jamer, Director of Works Operations; D. Harvey,
Superintendent of Sanitation; R. McDevitt, Fire Chief; G.
Ingraham, Assistant Deputy Chief of Police; J. Johnson, Building
Inspector; and Mrs. Mary Munford, Common Clerk; and C. Joyce,
Assistant Common Clerk.
Reverend Edward Paw of Portland United Church offered the opening
prayer.
On motion of Councillor Flewwelling
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on October 30, 1989, be approved.
Question being taken, the motion was carried.
Deputy Mayor Gould commented on the efforts of the Lancaster Kiwanis
Club, in conjunction with the Recreation Department, in the development of a multi-
purpose play area across from Beaconsfield School and, at his request, Mr. Brownell,
having advised that the Lancaster Kiwanis donated over a four-year period $52,000.00
to the approximate $110,000.00 cost of the Beaconsfield-Kiwanis Park and that the
remainder was cost shared by School District Number 20 and the City of Saint John,
introduced Mr. J. O'Connell, immediate Past President of the Lancaster Kiwanis Club,
who addressed Council in this regard. Deputy Mayor Gould thanked the Club for its
efforts on behalf of the community.
On motion of Councillor A Vincent
Seconded by Councillor Knibb
RESOLVED that a matter concerning the
Freedom of the City (which was considered in Committee of the Whole earlier this date)
be added to the agenda for consideration at this meeting.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the Common Council
of The City of Saint John extend congratulations to Miss Saint John Deann Arnold, who
was named Miss Friendship in the Miss Canada Pageant in Toronto, Ontario on
October 30, 1989.
Question being taken, the motion was carried.
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NOVEMBER 6, 1989
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that the Common Council
of the City of Saint John extend best wishes to the publishers of the Sunday Express
newspaper, which was published for the first time on November 5, 1989.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Rogers
RESOLVED that the following resolution
be adopted, namely:-
"WHEREAS J. Harold Stafford has been prominent in community organizations
and has served his fellow citizens in many capacities; and
"WHEREAS Mr. Stafford has been a well-recognized leader in the labour
movement and has devoted a great deal of his time and effort toward the promotion of
the welfare of his fellow man; and
"WHEREAS he has exemplified the highest standard of good citizenship and
community service throughout his life and has set an example in leadership; and
"WHEREAS it is deemed fitting that the City of Saint John should recognize the
personal attainments of Mr. Stafford, the leadership and devotion which he has given to
his community and his fellow workers, and the qualities of friendship and service which
have characterized his life; and
"WHEREAS the Common Council of the City of Saint John may by resolution
confer the Freedom of the City upon any person for honourable distinction:
THEREFORE BE IT RESOLVED that the Common Council of the City of Saint
John does hereby confer the Freedom of the City upon J. Harold Stafford.":
AND FURTHER that a presentation be made by Her Worship Mayor Wayne
during the Centennial Dinner of Local No.1, N.B. International Union Bricklayers and
Allied Craftsmen, to be held on Friday, November 10, 1989 at the Trade and
Convention Centre.
Question being taken, the motion was carried.
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, three
parcels of land located on the western side of Rothesay Avenue at 551, 565, and 567
Rothesay Avenue (L.R.I.S. Numbers 304576,304584 and 306118), from Light
Industrial to Heavy Industrial classification; and (b) re-zoning the same parcels from "1-
1" Light Industrial to "1-2" Heavy Industrial classification, to place the parcels in a Heavy
Industrial Municipal Development Plan designation and zoning classification in which
the existing auto repair and recycled auto parts business will be a permitted use, as
request by MacKnight Motors Ltd., and that a written objection was received from Mr. K.
A. Chorley, President of Canavan's Insurance Appraisal (NB) Limited.
Consideration was also given to a letter from the Planning Advisory
Committee advising that the Committee considered the submitted Planning staff report
at its November 1, 1989 meeting at which neither the applicant nor anyone opposing
the application was present, and one letter was received in opposition to the
application, and that the Committee approved the staff recommendation; and
recommending that (1) the application to amend the Municipal Development Plan and
zoning classifications from Light Industrial to Heavy Industrial be denied, and (2) the
legal status of the present use of lands be determined for possible further action.
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NOVEMBER 6,1989
Deputy Mayor Gould asked the City Solicitor to issue any particular
instructions to Council at this time in view of the above property being before the courts
on a matter other than the application for By-Law amendments, to which Mr. Rodgers
replied that it is appropriate for Council to proceed with the public hearing based on the
application in the manner in which Council would ordinarily deal with any other
application of this nature.
Mr. Del Ferguson of 579 Rothesay Avenue appeared in opposition to the
application and asked if, on the basis that the Plan amendment and re-zoning would
mean that the present use would become a permitted use, the current business
operation has been operating without the proper permit over the years; and he noted
an already-congested traffic situation at the intersection of Rothesay Avenue and
McAllister Drive.
Mr. Lyman Purnell, Q.C., solicitor on behalf of MacKnight Motors Ltd.,
appeared in support of the application and, having commented on the duration of, and
the number of persons employed by, the MacKnight operation, suggested that the only
question before Council is whether or not Council will allow the re-zoning to move from
Light Industrial to Heavy Industrial classification and there is no question about the
propriety of selling the property, the condition of appearance of the property, or the flow
of traffic in the area; and asked Council's fair consideration of the matter and not to be
influenced by newspaper articles or media reports or suggestions about court action.
Councillor Coughlan asked if Mr. Purnell is suggesting that Council
should not address the manner in which MacKnight Motors Ltd. has conducted its
business operation over the years in view of previous by-law violations, to which Mr.
Purnell replied that, with regard to the Unsightly By-Law violation, there has been quite
a positive change in the appearance of the premises in the past few months.
Councillor Fitzpatrick asked the zoning of the adjoining properties to which Mr. Bedford
replied that the balance of the area along Rothesay is zoned Light Industrial, as is the
MacKnight property.
On motion of Councillor Coughlan
Seconded by Councillor Rogers
RESOLVED that as recommended by the
Planning Advisory Committee, the application of MacKnight Motors Ltd. to amend the
Municipal Plan and zoning classifications of the property at 551, 565 and 567 Rothesay
Avenue, from Light Industrial to Heavy Industrial classification, be denied.
AND FURTHER that as recommended by the Planning Advisory
Committee, the legal status of the present use and lands be determined for possible
further action.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Rogers
RESOLVED that the correspondence
regarding the above matter be received and filed.
Question being taken, the motion was carried.
Mr. G. Forbes Elliot addressed Council on behalf of residents of
Millidgeville concerning the construction of a multi-use community recreation for
Millidgeville to be located at the M. Gerald Teed School site and, referring to a
previously-submitted brief, made the observation that Millidgeville, at present, has no
centre offering the types of programs which are now offered at the North End and the
Forest Glen Community Centres and that it is obvious that the residents of Millidgeville
need a multi-use community recreation facility, which should be located at the M.
Gerald Teed School site. Mr. Elliot commented on the outdoor recreational facilities
already in place at the School site, as well as the availability of room on the site for
further physical expansion, and noted that, as indicated in the submitted Appendix "C"
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NOVEMBER 6, 1989
thirty-five uses have been identified for the proposed new building. Mr. Elliot suggested
that the idea of a multi-use community recreation facility at the M. Gerald Teed School
site is consistent with the Millidgeville Plan adopted by Council in February 1989; and
proposed that the facility be constructed under a joint agreement between the City and
the Province in view of an indication by the Minister of Education that, if the City wishes
to participate, a priority construction project for District 20 can be increased in
proportion to the City's contribution. Mr. Elliot noted the submitted correspondence
(including a letter from Nielsen Promotion Services of which copies were distributed to
Council members earlier this date) in support of a multi-use community recreation
centre and stated his intention to file with the Common Clerk, at a later date, a petition
of approximately 1,000 signatures in support of the proposed centre.
Councillor Rogers questioned the above reference to comments by the
Minister of Education in view of the indication in the Minister's submitted a letter that the
gymnasium project at the M. Gerald Teed School is now the priority construction project
for District 20 and that, when funds are available to construct gymnasia, the project will
be given every consideration, while at the present time the Department is concentrating
on classrooms; and also asked the estimated cost of a multi-use community recreation
centre; and during discussion Mr. Don Cullinan, Chairman of the Organizing
Committee, advised that, although it is indicated in the submitted correspondence from
the Educational Facilities Branch of the Department of Education that the cost of a
gymnasium facility similar to that recently built at the new Sacre Coeur School in Grand
Falls would be approximately $7000,000.00 to $750,000.00, the Committee has not
estimated the cost of a community centre; and Mr. Elliot clarified that Council is being
requested to approve the presentation in principle subject to co-operation of other
agencies and that Council would not be expected to undertake the whole project on its
own and that, if Council approves the brief and the recommendation, the Millidgeville
residents would be prepared to work with the City and the School Board to have the
other organizations which would benefit from the project come on line. Councillor Davis
asked the extent to which existing facilities Millidgeville, such as the Millidgeville North
High School and Centre Communautaire Samuel-de-Champlain, are utilized and
whether or not they are adequately used or too distant from the area, to which Mr. Elliot
suggested that the latter facility is used extensively by the French community, although
it does have use by other ethnic groups, while Millidgeville North High School is
removed from the central Millidgeville area, and further that, as there has been an
ongoing need for facilities at the M. Gerald Teed School, the proposal to locate a multi-
use community recreation centre at the School site would result in meeting both the
needs of the school and the community. Deputy Mayor Gould made the observation
that Council's normal procedure with respect to presentations is to deal with such
matters later in the meeting, and asked Council's intent in this regard.
On motion of Councillor Rogers
Seconded by Councillor A. Vincent
RESOLVED that Council approve in
principle the concept for a community recreation centre for Millidgeville, and that further
investigation regarding a site and allocation of funding be referred to the City Manager
for a report to Council.
Question being taken, the motion was carried.
Deputy Mayor Gould called for a brief recess to provide an opportunity
for the Millidgeville delegation to withdraw from the Council Chamber following which
the meeting reconvened.
Shirley McAlary, President of Saint John Central Business Development
Corporation presented the Corporation's 1990 program and budget, which was
approved by the Board of Directors on November 1 and the general membership on
November 2, 1989, and the 1990 budget providing for a business improvement levy on
the amount of $188,000.00 representing 10 cents per $100.00 assessment on 1990
property values, the 1989 levy having been 91/2 cents, and a total revenue of
$249,200.00, and expenses in the amount of $249,200.00; and commented on the
Corporation's projects completed in 1989 and proposed projects for 1990, as included
in the previously-submitted 1990 Program and Budget proposal. Ms. McAlary
requested
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Council to proceed with the necessary steps to advertise and approve the proposed
1990 budget.
Ms. McAlary responded to Council queries concerning a committee
review of potential new boundaries for possible approval at the end of 1990; the
Corporation's attempt to establish consistent store hours beginning on December 1 in
anticipation of this being accomplished in 1990; and the percentage of membership
actively involved in the Corporation.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that authority be granted
for the necessary advertising with respect to the 1990 budget of the Saint John Central
Business Development Corporation.
Question being taken, the motion was carried.
On motion of Councillor Landers
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Councillor Landers recommending that, due to the fact that people in certain areas of
the City are affected by noise pollution from local industry, particularly between the
hours of 11 p.m. and 7 a.m. and on the weekends, the City Manager report to Council
on suggested amendments to the present Noise By-Law to include this nuisance to the
citizens -- be referred to the City Manager and the City Solicitor for a report to Council.
Councillor Knibb expressed opposition to the above motion on the basis
that Saint John is an industrial City in which there must be a certain amount of noise
and that, while an appeal can be made to industry to not create unnecessary noise,
legislation could result in industry closing down, and expressed the opinion that
employment comes first in the City where 10% of the population is unemployed, and
further that industry is not willfully polluting or corrupting the atmosphere with noise.
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, authority be granted for payment of the following invoice, namely:-
Standard PavinQ Maritime Limited - supply of asphalt October 18-24, 1989 $20,805,34.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, authority be granted for payment of the following construction
progress certificate, namely:-
1. New Overhead Doors - Fire Stations #1 and #4
Nashbark Doors Ltd.
Original contract amount
Total work done, Estimate Number 2
Payments previously approved
Retention
Amount recommended for payment, Progress
Estimate Number 2, dated October 13, 1989
$20,674.00
20,674.00
17,572.90
NIL
3,101.10
Question being taken, the motion was carried.
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On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender of Kyle's Trucking be accepted for the collection of residential
solid waste, for a period of five years at a cost of $48.00 per household per year in
Zones 1, 2, 4 and 5, and $36.00 per household per year in Zones 3 and 6, and that the
Mayor and Common Clerk be authorized to execute the necessary contract.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, the tender of MacKenzie & Feimann Ltd. be accepted for supplying
potassium permanganate at a cost of $3.28 per kilogram.
Question being taken, the motion was carried.
Consideration was given to a letter from the City Manager advising that
the Bank of Nova Scotia has requested that the City pass a borrowing resolution for the
remainder of 1989 and to execute a borrowing agreement, a copy of which is
submitted; also advising that the City has had a line of credit with the Bank for a
number of years which varies from year to year based on projected borrowing
requirements and all matters incidental to the line of credit have been finalized by the
Commissioner of Finance, and that the Bank now requires the approval of Common
Council; further advising that, for the remainder of 1989, the City estimates a maximum
borrowing requirement of $11,200,000, $3,200,000.00 for operating and $8,000,000.00
for bridge financing on capital expenditures, although it is most unlikely that actual
borrowings will reach these levels; and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that the City of Saint John
establish an operating line of credit with the Bank of Nova Scotia to a maximum of
$3,200,000.00 and a non-revolving term loan to bridge finance capital expenditures to
a maximum of $8,000,000.00:
AND FURTHER that the Commissioner of Finance be authorized to
borrow from the Bank to the specified limits:
AND FURTHER that the Mayor and Common Clerk be authorized to
execute the submitted Borrowing Agreement.
Question being taken, the motion was carried.
Read a letter from the City Manager advising that, further to the public
hearing of the application of Hughes Surveys & Consultants Ltd. for a Municipal Plan
amendment and re-zoning of 1260 Manawagonish Road which was tabled at the public
hearing of October 23, with no previous comments by staff and the applicant's
representatives have resulted in the meeting between the citizens and the applicant
being scheduled for November 7, 1989, following which a report will be prepared for
Council's consideration on November 14, and recommending that consideration of the
application be further tabled until that time.
Consideration was also given to correspondence from residents of the
portion of Quinton Heights area adjacent and bordering the land at 1260
Manawagonish Road, including a petition explaining their opposition to the application
for a Municipal Plan amendment and re-zoning of the subject property, and a notice
from the Community Planning Department of a November 7 meeting at which the
applicant is to present his proposal to use the existing building as an office which would
permit a reduced parking lot area, and advising that such notice was received by only
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some but not all of the concerned residents of Quinton Avenue; and to a letter from Mr.
Peter 1. Zed of the law firm of Barry & O'Neil referring to the November 7 meeting and
asking to be advised if his attendance at this Common Council meeting is required
(copies of such correspondence having been distributed to Council members earlier
this date).
On motion of Councillor Landers
Seconded by Councillor Flewwelling
RESOLVED that the application of
Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment and re-zoning of
property at 1260 Manawagonish Road be laid on the table until Tuesday, November 14,
1989.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above
correspondence from area residents, and the letter from Mr. Zed be referred to
Planning staff in view of the November 7 meeting.
Question being taken, the motion was carried.
Councillor M. Vincent asked what the next step of the procedure is with
respect to the application of Hughes Surveys & Consultants Ltd. to which Mr. Rodgers
replied that, as the public hearing has already been held, the public is not as a right
entitled to be heard; however, Council, if it so wishes, can recognize persons who wish
to address the matter by passing a motion with a two-thirds vote of the Council. Mr.
Bedford made the observation that, as the Planning Advisory Committee submitted its
recommendation to Council at the public hearing, there will be no further report
forthcoming from the Committee and that staff will report to Council following the
November 7 meeting.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the report from the
City Manager advising that, with regard to the letter from the Crescent Valley Tenants
Association considered by Council on October 23 expressing concern about
commercial vehicle traffic in the area, the lower portion of the Crescent Valley area
along Churchill Boulevard is experiencing a general overall traffic increase as a result
of the North-South Arterial project; however, this increased traffic was anticipated at the
design stages of the street network in the area; and also advising that the truck route
situation has been discussed with the Police Department whose Traffic Division will be
monitoring truck traffic and taking appropriate action as required -- be received and
filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the report from the City
Manager advising that a recent review of the Zoning and Building By-Laws has
revealed discrepancies in the wording such that it is ambiguous as to whether or not a
permit is required prior to erection of any sign, and that the wording needs to be revised
to be clear; and recommending that the Zoning By-Law be amended by deleting the
words "and without a permit from the Building Inspector therefore" from Section 840(1),
and that the Building By-Law be amended by adding the words "including a sign" after
the words "... building or structure" in Section 2.1.(a) and further by amending Section
2.4.1.0) to read "signs exempted by Section 840(11) of the Zoning By-Law" and further
recommending that a public hearing be set for the proposed Zoning By-Law
amendment and that authority be granted for the necessary public advertising, with
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both the Zoning and Building By-Law amendments to be referred to the Planning
Advisory Committee -- be received and filed and the recommendation adopted, with the
public hearing of the proposed Zoning By-Law text amendment to be held on Tuesday,
January 2, 1990.
Question being taken, the motion was carried.
Consideration was given to the FCM brief to the House of Commons
Standing Committee on Finance (Blenkarn Committee) with respect to the proposed
goods and services tax, which was tabled on October 23, 1989 for the Commissioner of
Finance to address the effect of the general sales tax on the City of Saint John.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above FCM brief
-- be received and filed.
Mr. Wilson, in noting that the above brief was prepared by a committee
on which he served with five other Canadian cities, suggested that the brief sets out
quite well what has been accomplished to this point in deliberations with the
Department of Finance and also raises a number of issues that are still outstanding,
and that all of the meetings and consultation result from a promise made by Federal
Minister Michael Wilson that municipalities would not pay more under the goods and
services tax that they are now paying; however, to actually try to put that promise into a
definitive application has been very difficult. Mr. Wilson explained that one significant
accomplishment is that the Department of Finance has agreed that the term,
municipality, encompasses a fairly broad spectrum in terms of commissions and boards
etc.; therefore, the promise that municipalities will not be paying more will have a fairly
broad application, and further that the significant issue outstanding is how
municipalities are ensured that they will not be paying more tax, with one
recommendation being that municipalities not pay any tax but rather use certificates
and purchase tax free, which has not been received favourably by the Department of
Finance, with consideration being given to a rebate system whereby municipalities will
pay tax but qualify for rebates that will bring the effect of tax down to what is being paid
now; however, another difficulty is that, while consultation has been encouraged with
the Department of Finance in determining how much municipalities are paying now, the
most recent discussion with the Department of Finance is that it will be its decision as to
how much municipalities are paying now. Mr. Wilson advised that it is hoped that
further deliberations will result in a more amicable solution to how much municipalities
are paying now and how much the rebate will be, taking into consideration the costs
associated with the rebate system. Mr. Wilson commented on the concept of charging
no tax to users and made the observation that the Department of Finance seems to be
suggesting that, when providing a service to adults in the recreation area, a tax should
be charged which would be difficult to apply in view of the services provided to adults
and children and to combinations of adults and children, and also respecting the issue
of charging tax on inspection services, and that the committee will meet again with the
Department of Finance in Ottawa, Ontario, on November 10 to review the outstanding
issues, the major issue being the rate of tax to be paid.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Davis
RESOLVED that the report from the City
Manager advising that, with regard to a petition from residents in West Saint John
considered on October 23 requesting four-way stop signs at the intersection of St. John
and Lancaster Streets West, the accident history at the intersection in question is
recorded in files maintained by the Police Traffic Division and an examination of these
files has shown two accidents over the past two years, both relating to the lack of
compliance with a traffic control device; making the observation that traffic control at
this intersection is provided by stop signs on St. John Street, with pedestrian
crosswalks placed across all four approaches and sign distance for drivers to see
pedestrians being excellent on all approaches, and further that neither the departure
nor arrival time of the Digby Ferry traffic would appear to coincide with times when
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school children would likely use the crosswalks at this intersection, and also that
studies by the Roads and Transportation Association Canada support the position that
four-way stop signs tend to double the hazard potential at intersections and introduce
and unnatural or an unexpected situation to the traffic pattern; and recommending that
the request for a four-way stop at the intersection of St. John and Lancaster Street be
denied -- be received and filed and the recommendation be adopted.
During discussion Mr. Armstrong advised that staff has had complaints
from the Prince Street area that the installation of the four-way stop at the intersection
of Duke and Watson Streets resulted in increased vehicular traffic on Prince Street;
therefore, it appears that a four-way stop, being an unnatural influence on the street,
tends to shift the vehicle volume elsewhere; and Councillor Rogers expressed concern
about the possibility of speeding traffic between Duke Street and the Ferry Terminal on
the basis that there are no stop signs along that route, and suggested that the fact that
children are in school between September and June is irrelevant to the fact that the
Ferry Terminal operates year-round, therefore there is a need for caution in view of
children crossing in the area. Councillor Landers asked if there is adequate traffic in
the area to warrant a traffic light or a light in the crosswalk to which Mr. Armstrong
replied in the negative. Councillor M. Vincent concurred with Councillor Rogers'
observation about the long uninterrupted route between Lancaster Avenue/Duke Street
and the Ferry Terminal, and asked if staff reviewed alternatives to a four-way stop sign
which could ease this problem, to which Mr. Armstrong replied that staff could consider
this matter if Council so wishes, and that speeding traffic is a matter for the Police
Department.
(Councillor Fitzpatrick withdrew from the meeting during the above
discussion.)
Question being taken, the motion was carried with Councillors Landers,
Rogers, A. Vincent and M. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Coughlan
RESOLVED that staff re-examine the
above matter to determine if there are any alternatives to a four-way stop sign to ease
the problem, and report to Council.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the report from the
City Manager advising that the City's Building Inspector, Mr. John Johnson, has been
appointed to the Standing Committee on Occupancy, the structure of which is indicated
on the submitted chart "Associate Committee on the National Building Code", which is
one of a system of committees developed by the National Research Council to propose
changes and to reflect on the proposals and proposed changes initiated by others; also
advising that membership on this Committee will require Mr. Johnson to attend
meetings in Ottawa for about two weeks per annum with the expenses of travelling to
Ottawa paid by the National Research Council; and further advising that this is a unique
opportunity for the City to have direct impact on the content of the National Building
Code and, in particular, will allow the City to influence the National Research Council
with respect to the opportunity to (1) make code documents simpler and easier to
understand; (2) establish a better rationale for code contents so that designers have
more discretion in designing a level of safety that is appropriate for each particular
installation; and (3) improve the depth of consideration given to the economic impact of
code contents -- be received and filed and Mr. Johnson be congratulated.
Question being taken, the motion was carried.
Read report of the Committee of the Whole
(as follows)
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To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on October 23, 1989,
when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the Nominating Committee, Mr. Clifford
Warner be appointed to the Board of Directors of The Bi-Capitol Project Inc., replacing
Mr. John E. Schermerhorn, who has resigned.
Respectfully submitted,
November 5, 1989, (sgd.) Elsie E. Wayne,
Saint John, N.B. C h air man.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
On motion of Councillor A. Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that the Common Council
of the City of Saint John express appreciation to Mr. John E. Schermerhorn for his
service to the City of Saint John.
Question being taken, the motion was carried.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave that it sat on October 30, 1989, when there
were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling,
Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee
submits the following recommendations, namely:-
1. That with regard to the request of York Sunbury Search & Rescue Inc.
for an annual grant, a one-time grant of $500.00 be approved.
2. That with regard to the request of the Men of Fundy Barbershop Chorus
for financial assistance for a trip to Holland to participate in the 45th anniversary of the
liberation of that country, a grant of $1,000.00 be approved.
3. That as recommended by the City manager, a grant of $1,000.00 be
approved in response to the request of Rosi Jory on behalf of students and faculty of
UNBSJ for financial assistance for the publication of "Saint John - An Illustrated
History", on condition that the City receive 100 free copies of the book.
4. That as recommended by the City Manager, the Arbitration Board with
regard to the Local No. 18, C.U.P.E., grievance on behalf of Frank Arbo, Sr., be
requested to reconvene to consider the placement of Frank Arbo, Sr.
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COMMON COUNCIL
NOVEMBER 6,1989
5. That funding in the amount of $220,000.00 a year for the next 5 years, to
a maximum of $1,100,000.00, be approved for the Aitken Bicentennial Exhibition
Centre.
November 6, 1989,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie W. Wayne,
C h air man.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that section 4 of the above
report be adopted.
In response to queries of Councillor A. Vincent, Mr. Rodgers explained
that the Board's findings included, although an unusual part of the decision, that the
City could go back to the Board if the parties could not agree on the settlement or
placement, and expressed the understanding that the City and the Union could not
agree; therefore, the City is obligated to go back to the board, otherwise it would be in
contempt.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that funding in the maximum
amount of $220,000.00 a year for the next 5 years, to a maximum of $1,100,000.00, be
approved for the Aitken Bicentennial Exhibition Centre.
Councillor M. Vincent confirmed that the above motion should include
the indication that funding for the next five years is to be in the maximum amount of
$220,000.00 a year.
Question being taken, the motion was carried.
Consideration was given to a letter from the Planning Advisory
Committee regarding the application of Spectrum Enterprises Ltd. for the re-zoning of
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COMMON COUNCIL
NOVEMBER 6, 1989
620 Hillcrest Road, which was tabled at the public hearing of July 17 with no readings
given; advising that the Committee considered the submitted Planning staff report at its
November 1, 1989 meeting, which outlines the October 2 meeting between the
applicant and the residents, and that, in addition to the submitted letters and petitions
of objection received by the Committee, approximately twenty people appeared before
the Committee to also speak in objection to the proposal, while the applicant's solicitor
spoke in support of the application; and recommending that the re-zoning application
not be approved.
Consideration was also given to a letter from Mr. Roderick W.
MacKenzie, solicitor for Spectrum Enterprises Ltd. (copies of which were distributed to
Council members earlier this date) requesting to address Council with respect to the
above matter.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by
the Planning Advisory Committee, the application of Spectrum Enterprises Ltd. for the
re-zoning of 620 Hillcrest Road not be approved.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that as recommended by
the Planning Advisory Committee, Council assent to a subdivision plan prepared in
accordance with the submitted tentative plan photo-reduction with respect to the
proposed 79 square meter (850 square foot) widening of the northeast corner of
Waterloo and Union Streets.
Councillor Fitzpatrick made the observation that, although the above
report refers to 217 Waterloo Street, such property is not that indicated on the
submitted tentative plan, and Mr. Rodgers suggested that, if this is the case, the matter
should be reviewed.
(Councillor Knibb withdrew from the meeting.)
On motion of Councillor Fitzpatrick
Seconded by Councillor A. Vincent
RESOLVED that the above matter be
laid on the table pending review by staff.
Question being taken, the tabling motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Rogers
RESOLVED that as recommended by the
Planning Advisory Committee, Council assent to a subdivision plan of which a
photocopy reduction is submitted with respect to the 6.1 meter (20 foot) wide public
utility easement at 40 Anglin Drive.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Knights of Columbus, Saint John Council, No. 937, requesting permission to place a
Christmas crib in King Square as a reminder of the true meaning of Christmas -- be
received and filed and permission be granted.
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COMMON COUNCIL
NOVEMBER 6,1989
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mr. Del
Ferguson asking Council to reconsider his request, as indicated in his letter considered
by Council on October 23, to address Council concerning the flood risk area and the
quarry and cement plant operation at 170 Ashburn Road which was the subject of his
presentation to Council on October 10, 1989 -- be received and filed.
Mr. Taylor advised that staff is currently reviewing the matter of Mr.
Ferguson's presentation for a report to Council as soon as possible.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor M. Vincent
RESOLVED that the letter from Dr.
Stanley R. Hatcher, Acting President and Chief Executive Officer of Atomic Energy of
Canada Limited, acknowledging Common Council resolution of September 11, 1989
supporting the construction of the Point Lepreau 11 nuclear generating station, and
stating that he is cautiously optimistic that the Federal and Provincial Governments will
provide their support to this project opportunity and that, in the not-too-distant future,
New Brunswick's position as a centre of excellence for nuclear power generation will be
enhanced -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Coughlan
RESOLVED that the letter from Doris J.
Chesley expressing disagreement with the decision regarding 207 Princess Street,
especially the granting of money to destroy a good home; suggesting that it would be
better to give a grant to the developer to preserve the building; and expressing the
hope that the City can reverse its decision to pay someone to tear down the building
and instead encourage the owner to maintain and thereby enrich the City with an
attractive Victorian home that may well be standing for another hundred years -- be
received and filed.
Question being taken, the motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from Cheryl
Morrisey and Kevin Campbell asking permission to temporarily locate a mobile home at
890 Lorneville Road where they plan to build a new home in the future; and requesting
Council's earliest consideration as they need to excavate, drill a well and dig a septic
system before the ground freezes -- be received and filed and approval be given to
Cheryl Morrisey and Kevin Campbell to place a mobile home on property at 890
Lorneville Road for a period of one year.
During discussion, Mr. Taylor expressed the understanding that the
property does not require re-zoning and that the request is for a temporary permit to
place the mobile home on the property for one year.
Question being taken, the motion was carried.
On motion of Councillor Davis
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NOVEMBER 6, 1989
Seconded by Councillor Coughlan
RESOLVED that the application of Keel
Construction Ltd. for an amendment to the Section 39 re-zoning of 3320 Westfield
Road be referred to the Planning Advisory Committee for a report and recommendation
and that the necessary advertising be authorized in this regard, with the public hearing
to be held on Tuesday, January 2, 1990.
Question being taken, the motion was carried.
On motion of Councillor Davis
Seconded by Councillor Coughlan
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk