1990-05-22_Minutes
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COMMON COUNCIL
MAY 22,1990
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the twenty-second day of May, AD. 1990, at 7:00 o'clock p.m.
present
Arthur L. Gould, Esquire, Deputy Mayor
Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb,
Landers, Rogers and A Vincent
- and -
Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager - Operations; J. Brown, Assistant City Manager-
Development; J. C. MacKinnon, Commissioner of Environment
and Infrastructure Services; S. Armstrong, Director of
Engineering; W. Butler, Director of Water & Sewerage Services;
W. Edwards, Acting Director of Works; S. Galbraith, Director of
Supply & Services; S. Bedford, Director of Community Planning;
R. McDevitt, Fire Chief; J. Johnson, Building Inspector; M.
Hanlon, Purchasing Agent; Ms. C. Joyce, Assistant Common
Clerk; and Mrs. L. Linton, Secretary.
Deputy Mayor Gould offered the opening prayer.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that minutes of the
meeting of Common Council, held on May 14, 1990, be approved.
Question being taken, the motion was carried.
Deputy Mayor Gould commented on various activities in the City during
the past week; and proclaimed May 28, 1990 to be Respiratory Therapy Day and May
25-June 3, 1990 to be Fitweek in the City of Saint John; and Councillor Coughlan
commented on his attendance at the 13th annual meeting of the Association of
Municipal Administrators. Deputy Mayor welcomed to the Council Chamber Mr. Terry
Boone of the Canadian Society of Respiratory Technicians who briefly outlined the
program for the upcoming 25th annual Educational Forum being held in Saint John.
Deputy Mayor Gould welcomed to the Council Chamber members of the
Saint John Participaction Challenge Committee, and Mr. Terry Moore, Chairman of the
Committee, addressed Council concerning the May 30, 1990 Participaction Challenge
activities to be held in Saint John. Mr. Moore advised that the theme this year is "Hats
Off To Fitness", and encouraged all citizens to wear brightly coloured hats and to
participate in Saint John's 1990 challenge to Moncton, N.B., Bendigo, Australia.
Deputy Mayor Gould welcomed to the Council Chamber members of The
Kiwanis Club of Lancaster Inc., and Messrs. W. McNulty and D. Lake addressed
Council concerning the Club's undertaking of a major project in the western section of
the City west of the St. John River and Harbour. Mr. Lake advised that their
Community Needs Survey (copies of which were distributed to Council members at this
meeting) will identify and prioritize the needs of the community in the way of
recreational needs, facilities and activities and that 8,000 copies will be mailed to all
homes in the area, with the results to be correlated and used by the Club to do their
short and long term planning.
Deputy Mayor Gould asked that an item concerning a judicial review of
the Gamblin Arbitration Award (which was considered in Legal Session of Council
earlier this date) be added to the agenda of this meeting.
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MAY 22,1990
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above item be
added to the agenda for consideration at this meeting.
Question being taken, the motion was carried.
The Assistant Common Clerk advised that the necessary advertising was
completed with respect to the proposed re-zoning of ten parcels of land at 537, 558,
559, 564, 571, 581, 584, 596 and 589 Green Head Road (L.R.I.S. Numbers 405928,
406652,405936,469734,407718,407825,406868, 406983, 407072 and 406751),
from "R-1 B" One-Family Residential and "RS-2" One- and Two-Family Suburban
Residential to "R-2" One- and Two-Family Residential classification, to permit dwellings
in this area to be used for two-family occupancy, as requested by Ronald Wallace, and
that no written objections were received in this regard. No person was present with
respect to the proposed re-zoning.
Consideration was given to a letter from the Planning Advisory
Committee recommending that the Zoning By-Law C.P. 100 be amended by re-zoning
from "R-1 B" One-Family Residential and "RS-2" One- and Two-Family Suburban
Residential to "R-2" One- and Two-Family Residential classification, ten (10) parcels of
land at 537, 538, 559, 564, 571, 581, 584, 596 and 589 Green Head Road (L.R.I.S.
Numbers 405928, 406652, 405936, 469734, 407718, 407825, 40686 8,406983,
407072 and 406751).
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that the by-law to
amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning ten
(10) parcels of land at 537, 538, 559, 564, 571, 581, 584, 596 and 589 Green Head
Road (L.R.I.S. Numbers 405928,406652,405936,469734,407718,407825,406868,
406983,407072 and 406751), from "R-1 B" One-Family Residential and "RS-2" One-
and Two-Family Suburban Residential to "R-2" One- and Two-Family Residential
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that the by-law to
amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning ten
(10) parcels of land at 537, 538, 559, 564, 571, 581, 584, 596 and 589 Green Head
Road (L.R.I.S. Numbers 405928,406652,405936,469734,407718,407825,406868,
406983,407072 and 406751), from "R-1 B" One-Family Residential and "RS-2" One-
and Two-Family Suburban Residential to "R-2" One- and Two-Family Residential
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Planning Advisory Committee regarding the above-proposed amendment be received
and filed.
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MAY 22,1990
Question being taken, the motion was carried.
Public presentation was made of a proposed amendment to the North
End Neighbourhood Plan to redesignate two parcels of land at 270-272 Main Street
and 274-276 Main Street (L.R.I.S. Numbers 374314 and 374322, respectively), having
a combined frontage of approximately 70 feet on Main Street and a depth of 100 feet,
from Mixed Use (Residential and Commercial) to Commercial classification, to permit
the properties to be re-zoned to permit a taxi office and taxi cab parking area, as
requested by Gambit Holdings & Development Ltd.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
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 May 9-15,1990 $9,545.16
Question being taken, the motion was carried.
Consideration was given to a letter recommending that the following
tenders be accepted for the purchase of various pieces of motorized equipment as
indicated in the submitted summary of bids:- (1) Maple Leaf Motors Ltd., in the amount
of $24,666.42, for Bid No. 90-7007BT; (2) Bayview International Trucks Ltd., in the
amount of $165,177.99, for Bid No. 90-7015T; (3) Valley Equipment Ltd., in the amount
of $65,804.13, for Bid No. 90-7015A T; (4) Valley Equipment Ltd., in the amount of
$415,800.45, for Bid No. 90-7015BT; and (5) Valley Equipment Ltd., in the amount of
$18,078.57, for Bid No. 90-70271.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the above tenders be
considered on a separate basis.
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 for motorized equipment, bid number 90-7007BT, be awarded
to Maple Leaf Motors Ltd., in the amount of $24,666.42, as indicated in the submitted
bid summary.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, the tender for motorized equipment, bid number 90-7015T, be
awarded to Bayview International Trucks Ltd., in the amount of $165,177.99, as
indicated in the submitted bid summary.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender for motorized equipment, bid number 90-7015A T, be awarded
to Valley Equipment Ltd., in the amount of $65,804.13, as indicated in the submitted
bid summary.
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MAY 22,1990
Question being taken, the motion was carried.
Councillor Coughlan proposed a motion, which was not seconded, that
as recommended by the City Manager, the tender for motorized equipment, bid number
90-7015BT in the amount of $415,800.45, be awarded to Valley Equipment Ltd. as
indicated in the submitted bid summary.
Councillor Knibb noted that the difference between the lowest tender
from Valley Equipment Ltd. from Hartland, N.B., and Bayview International Trucks Ltd.
of Saint John is less than $39.00, and Mr. Hanlon made the observation that, while
staff is aware of the approximate $39.00 difference, staff has consistently
recommended to Council the lowest tender that meets specifications and, in this
particular instance, there is the factor of delivery dates by the two companies to be
considered in that Valley Equipment has promised delivery eight weeks earlier than
Bayview International with delivery in October compared to Bayview's delivery date of
December and further, as the trucks in question are plow trucks which must be
mounted with snow removal equipment, it is imperative that they are received as early
as possible. Mr. Hanlon advised that earlier this date he received a facsimile letter from
Bayview International submitting a new delivery date of 24 weeks; however, it is not the
practice to allow bidders to change their tenders.
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the tender for
motorized equipment, bid number 90-7015BT, be awarded to Bayview International
Trucks Ltd., in the amount of $415,839.30
Responding to a query of Councillor Fitzpatrick, Mr. Hanlon confirmed
that, although Bayview International has promised delivery in 24 weeks, this company
would still have the 29 weeks for delivery as provided in the tender and added that the
other impact of late delivery would be with respect to the disposal of existing equipment
through the City's annual auction in October, and Mr. Robichaud elaborated on the
costs of approximately $7,000 to $8,000 cost associated with excluding from the City
auction in October and keeping for another year the equipment which is to be replaced
by the tendered equipment, such cost resulting from lost revenue and the need to
repair and ready the equipment for service. Councillor A. Vincent alluded to a 5%
variance with regard to accepting local tenders and to a tendering procedure manual;
and the City Manager clarified that staff recommends the lowest tender to Council. Mr.
Wilson advised that, while Council on occasion has approved tenders as high as 5%
above the low bid, he is not aware of a blanket policy and it is a decision made by
Council on each individual item.
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 for motorized equipment, bid number 90-7027T, be awarded
to Valley Equipment Ltd., in the amount of $18,078.57, as indicated in the submitted
bid summary.
Question being taken, the motion was carried.
Mr. Harry Colwell, Chairman, of the Board of School Trustees, School
District No. 20, introduced Board Members Sister Helen O'Neill, Mr. A. Flemming, and
Mr. Carl Densmore, and Acting Superintendent Anne Marie McGrath, and read the brief
(which was presented in Committee of the Whole on May 14, 1990) by the Board of
School Trustees, School District No. 20, in response to the Price Waterhouse Report,
"An Economic Development Strategy for the '90's", such brief advising that the Board
sees two major tasks before it as follows: (1) to ensure success in the public school
system, and ultimately in the community, of those children who because of the
conditions and circumstances in which they live are at serious risk of failure, and (2) to
harness the energy and talent of the total community in the process of providing
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support and strong visionary programs for all students; also advising that, in
discussions with representatives of Price Waterhouse, the Board released scores on
Provincial Achievement Examinations, as indicated in see Appendix C, with full
knowledge that negative comparisons with other educational jurisdictions might result;
and further advising that a study of average Provincial Achievement Examination
scores by the Department of Education, done at the Board's request, indicates that the
difference in scores among Districts 26 (Fredericton) and 15 (Moncton) and District 20
is statistically significant, and persons doing the study have noted that the socio-
economic factors cited by Price Waterhouse may be a strong factor affecting scores
and have agreed to pursue the study further. The brief states that District 20 has not
been completely satisfied with the average score results on Provincial Achievement
Examinations but neither does it apologize for them; comments on programs es-
tablished in recognition of the need for a variety of intervention strategies; and lists the
following recommendations that the District 20 School Board has already gone on
record in recommending: (i) that the City of Saint John support District 20's efforts to
assume full responsibility for the education of "at risk" students beginning at age three;
(ii) that the private sector financially support specific intervention programs for "at risk"
children; (iii) that commitment to identifying and supporting "at risk" senior students be
made by businesses, employment senior students over the summer and/or subsidizing
their post-secondary education; (iv) that community groups support "at risk" students at
the neighbourhood level; (v) that a one-year (postgraduate) Bachelor of Education
program be developed and offered on the UNB Saint John Campus; and (vi) that a
common national scope and sequence for core subject areas such as language arts,
mathematics and science, be developed under the leadership of the Council of
Ministers of Education, Canada; and requests Council's support in principle in several
matters.
(Councillor Knibb withdrew from the meeting.)
Mr. Colwell and Miss McGrath responded to Council queries regarding
the above presentation, and Deputy Mayor Gould thanked the Board for its
presentation.
(Councillor Landers withdrew from the meeting during the above
remarks.)
On motion of Councillor Coughlan
Seconded by Councillor Rogers
RESOLVED that Common Council
support in principle the following: (1) further funding by the Department of Education of
the Early Childhood Intervention project beyond the nine target schools; (2)
implementation of a Provincial kindergarten program as part of an integrated
(kindergarten to grade 3) early childhood education program; (3) the development and
funding of multi-faceted programs for "at risk" students (example, latch key, summer
programs, home work tutors, etc.); (4) the development of productive and mutually-
beneficial school-business partnerships which will enrich programs for "at risk" and
"gifted" students; (5) the construction of residences at UNB-Saint John as one
component of an improved educational climate and community; and (6) exploration of
the feasibility of the establishment of a one-year (postgraduate) Bachelor of Education
program at UNB Saint John, as requested in the brief presented by the Board of
Trustees, School District No. 20, in response to the Price Waterhouse Report, "An
Economic Development Strategy for the 90's".
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that as recommended
by the City Manager, the tender of Lounsbury Industrial Ltd., at a cost of $52,860, plus
tax, be accepted for supplying a loader/backhoe, J.C.B. Model 1550B, and that the
Mayor and Common Clerk be authorized to execute a seven-year total cost agreement.
Mr. Taylor clarified that, although the submitted tender report refers to
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the amount of $58,068.15 plus tax, the recommendation should be to award the tender
at a cost of $52,860, plus tax.
Question being taken, the motion was carried.
(Councillor Landers re-entered the meeting.)
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, contract 90-3, concrete curb and sidewalk construction, be awarded
to the low tenderer, QM Construction Ltd., at the tendered price of $847,564.50, and
that the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
Question being taken, the motion was carried.
On motion of Councillor Landers
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, the tender of Code 4 Fire & Rescue Inc., in the amount of $22,800, plus
tax, be accepted for the supply of a jaws-of-life rescue tool for the Fire Department.
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 to report that it sat on May 14, 1990, when
there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee
submits the following recommendations, namely:-
1. That Council support for one year the submitted Competitive Aquatic
Program Proposal - A Framework For Growth and Excellence - in the amount of
$16,025, on the understanding that the Canada Games Aquatic Centre will approach
the surrounding areas for support of the Program in future years.
2. That as recommended by the Nominating Committee, the following
persons be appointed as Honourary Charter Officials for a one-year term as of May 18,
1990, and be recognized for their contribution to the welfare or betterment of their
fellow citizens:-
(i) Surveyors of Provisions - Norma and Arthur Geary
(ii) Pilot - Captain Francis Quinn
(iii) Port Master - Cyril E. Pringle
(iv) Inspector of Timber - Abe Calp
(v) Inspector of Fish - Harry McCavour
(vi) Warden of the Port - F. Gerald Elkin
(vii) Surveyor of Bread - Eudore Theriault
(viii) Gauger - Eugenia Hodges
3. That as recommended by the Nominating Committee, Messrs. Fred Ross
and Herzl Kashetsky be appointed to the Saint John Art Advisory Board:
AND FURTHER that Mr. Michael E. Doyle, who has resigned from the
Board, be thanked for his service.
4.
That as recommended by the Nominating Committee, Mrs. Alcida Landry
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be re-appointed to the Board of Commissioners of the Saint John Regional Hospital for
a term of three years, effective July 1, 1990.
5. That as recommended by the Nominating Committee, Mr. Ken Galbraith
be appointed as the Municipal Representative for The Duke of Edinburgh's Award
Programme.
6. That as recommended by the City Manager, (1) Mr. Alden MacKnight be
advised that the City is not prepared to proceed with the possible closure and sale or
lease of Wellington Street that adjoins his property at 9 Rockwood Avenue; and (2)
staff take whatever action is necessary to have the fence removed that is blocking the
right-of-way.
Tuesday, May 22, 1990,
Saint John, N. B.
Respectfully submitted,
(sgd.) Elsie E. Wayne
C h air man.
On motion of Councillor Coughlan
Seconded by Councillor Rogers
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Flewwelling
RESOLVED that section 2 of the
above report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
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 Coughlan
Seconded by Councillor Rogers
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Rogers
RESOLVED that section 5 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Fitzpatrick
RESOLVED that section 6 of the
above report be adopted.
Question being taken, the motion was carried.
Consideration was given to a letter from the Planning Advisory
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Committee advising that, further to the May 7, 1990 public hearing of the application of
Crestwood Holdings and Realty Ltd. for a Municipal Plan amendment and re-zoning of
170 Ashburn Road, and an amendment of the December 21, 1987 Section 39
agreement with regard to property on Ashburn Road, five Committee members visited
the site and the Committee again considered the matter at its May 15 meeting and
adopted the Planning staff recommendation with some changes relating to the pre-blast
survey, the use of the 23-acre parcel and use of water from Marsh Creek; and
recommending that (1) the Municipal Development Plan be amended by redesignating
on Schedule 2-A of the Plan from Low Density Residential, Open Space and Light
Industrial to Heavy Industrial classification, a parcel of land containing approximately 23
acres, adjoining land previously zoned to permit a quarry operation and located north of
Ashburn Road and east of the Saint John Throughway, being a portion of L.R.I.S.
Number 298422; (2) the same parcel of land be re-zoned from "RS-2" One- and Two-
Family Suburban Residential to "1-2" Heavy Industrial classification; (3) by resolution
pursuant to Section 39 of the Community Planning Act the re-zoning of the same parcel
of land be subject to the condition that it shall be used only for the purpose of quarrying
operations and associated rehabilitation; and (4) the agreement between Crestwood
Holdings and Realty Ltd. and the City, dated December 21, 1987, be amended in the
following manner:- (i) condition #2 be deleted; (ii) a new condition be added to require
that the access from the subject land to Route 1 (Saint John Throughway) be closed
and the drainage ditch along the side of the highway be reconstructed; (iii) condition #3
be amended to require the Developer to provide a copy of the pre-blast survey to an
owner, whose property is included in the survey, forthwith upon request from that
owner; (iv) the completion date of December 31, 1989, in condition #5, be changed to
read September 30, 1990; (v) the completion date of December 1, 1989, in condition
#7, be changed to read September 30, 1990 and the standard of construction of the
access road be - (a) prepare road base using approximately 150 mm of Granular "A"
material; (b) minimum of 6 m width of asphalt pavement with a minimum of 50 mm
thickness; (c) gravel shoulders to a minimum width of 1 m; and (d) paving is to be
carried out from edge of existing asphalt on Ashburn Road to a point 1200 feet from
the property line along the northern side of Ashburn Road; and (vi) condition #8 be
amended to permit the Developer to use up to 33% of the volume of water from Marsh
Creek at minimum flow or to connect to the City water supply.
Consideration was also given to a letter from R. W. Tomlinson Ltd.
requesting the opportunity to address Council prior to the re-zoning application being
dealt with regarding the Ashburn Road quarry, and to a letter from Hughes Surveys &
Consultants Ltd. advising that it is acting on behalf of Mr. William Tomlinson, who is
owner of Crestwood Holdings & Realty Ltd., operators of the Ashburn Road quarry, in
this regard.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that Mr. William Tomlinson
or his representative be heard at this time.
Question being taken, the motion was carried.
Mr. Richard Turner of Hughes Surveys & Consultants Ltd. appeared
before Council and, having advised that he is representing Mr. William Tomlinson in his
application, also advised that his client concurs with the staff report and the
recommendations of the Planning Advisory Committee with the exception of the
condition contained in Section 4(ii) which requires that access to Route I (Saint John
Throughway) be closed and the drainage ditch along the side of the highway be
reconstructed, and further advised that Mr. Tomlinson would like this condition deleted
as it may compromise any further negotiations with the Department of Highways to
attempt to find a suitable arrangement for access to the Throughway. Mr. Turner
explained that City staff has access through the Department of Transportation to
ensure that access restrictions are enforced; therefore, he sees no reason for an
additional restriction to be placed in the Section 39 agreement, especially where it may
actually preclude more satisfactory arrangements being made through the Department
of Transportation.
During ensuing discussion, Councillor Landers asked if the quarry has
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always been in compliance with the regulations to which Mr. Johnson replied that, to
the best of his knowledge, the quarry has never been in compliance with the Section 39
agreement as indicated in the previously-submitted report to Council; Mr. Bedford made
the observation that the existing access to the Throughway by the quarry is an illegal
access; and Mr. Turner explained that, rather than use water which is suitable for
domestic purposes for dust control, 33% of Marsh Creek water will be used for this
purpose, and further that, once the change in ownership was completed, Mr. Tomlinson
engaged Hughes Surveys to review the entire agreement and is in the process of
acquiring the various permits from the Departments of Health and Environment.
(Councillor Coughlan withdrew from the meeting during the foregoing
discussion)
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land containing approximately 23 acres, adjoining
land previously zoned to permit a quarry operation and located north of Ashburn Road
and east of Saint John Throughway, being a portion of L.R.I.S. Number 298422, from
Low Density Residential, Open Space and Light Industrial to Heavy Industrial
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land containing approximately 23 acres, adjoining
land previously zoned to permit a quarry operation and located north of Ashburn Road
and east of Saint John Throughway, being a portion of L.R.I.S. Number 298422, from
Low Density Residential, Open Space and Light Industrial to Heavy Industrial
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the by-law to
amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a
parcel of land containing approximately 23 acres, adjoining land previously zoned to
permit a quarry operation and located north of Ashburn Road and east of Saint John
Throughway, being a portion of L.R.I.S. Number 298422, from "RS-2" One- and Two-
Family Suburban Residential to "1-2" Heavy Industrial classification, pursuant to Section
39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a first time.
Question being taken, the motion was carried with Councillor Landers
voting "nay".
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
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On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the by-law to
amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a
parcel of land containing approximately 23 acres, adjoining land previously zoned to
permit a quarry operation and located north of Ashburn Road and east of Saint John
Throughway, being a portion of L.R.I.S. Number 298422, from "RS-2" One- and Two-
Family Suburban Residential to "1-2" Heavy Industrial classification, pursuant to Section
39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a second time.
Question being taken, the motion was carried with Councillors Landers
and A. Vincent voting "nay".
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that as recommended
by the Planning Advisory Committee, the agreement between Crestwood Holdings and
Realty Ltd. and the City of Saint John, dated December 21, 1987, regarding the re-
zoning of property on Ashburn Road, be amended in the following manner:- (i)
condition #2 be deleted; (ii) a new condition be added to require that the access from
the subject land to Route 1 (Saint John Throughway) be closed and the drainage ditch
along the side of the highway be reconstructed; (iii) condition #3 be amended to require
the Developer to provide a copy of the pre-blast survey to an owner, whose property is
included in the survey, forthwith upon request from that owner; (iv) the completion date
of December 31, 1989, in condition #5, be changed to read September 30, 1990; (v)
the completion date of December 1,1989, in condition #7, be changed to read
September 30, 1990 and the standard of construction of the access road be - (a)
prepare road base using approximately 150 mm of Granular "A" material; (b) minimum
of 6 m width of asphalt pavement with a minimum of 50 mm thickness; (c) gravel
shoulders to a minimum width of 1 m; and (d) paving is to be carried out from edge of
existing asphalt on Ashburn Road to a point 1200 feet from the property line along the
northern side of Ashburn Road; and (vi) condition #8 be amended to permit the
Developer to use up to 33% of the volume of water from Marsh Creek at minimum flow
or to connect to the City water supply.
Question being taken, the motion was carried with Councillors Landers
and A. Vincent voting "nay".
On motion of Councillor Fitzpatrick
Seconded by Councillor Rogers
RESOLVED that the correspondence
regarding the above application be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Davis
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council approve the conveyance of the land
for public purposes in Phase 3 of the Blanchard Homes (1983) Ltd. subdivision on Bon
Accord Drive, as illustrated on the submitted photocopy reduction, to Blanchard Homes
(1983) Ltd. upon filing of the Phase 4 subdivision plan in the Registry Office.
(Councillor Coughlan re-entered the meeting)
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COMMON COUNCIL
MAY 22,1990
Councillor Vincent questioned the location and quality of the site in
question.
On motion of Councillor Vincent
Seconded by Councillor Flewwelling
RESOLVED that the above-noted
matter be laid on the table pending a site inspection by the members of Council.
Question being taken, the tabling motion was carried with Councillors
Coughlan, Davis and Fitzpatrick voting "nay".
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the letter from The
Honourable Gerald S. Merrithew, Saint John M.P., advising that he forwarded a copy of
Common Council resolution of April 30 concerning the remote monitoring and
destaffing of Gannet Rock Lightstation to the Minister of Transport, The Honourable
Douglas Lewis, for his attention, and will keep in close communication with him
concerning this matter and will inform Council as to his reply as soon as it is received --
be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the letter from The
Honourable Vaughn Blaney, Minister of the Environment, responding to the Mayor's
letter of March 6, 1990 concerning the disposal of tires in New Brunswick; advising that,
at the March 20 meeting of the Canadian Council of Ministers of the Environment, the
Ministers agreed to establish a working group consisting of environmental and fire
prevention officials to review aspects of used tire management in Canada, which is to
report to the next meeting of the Ministers with specific recommendations regarding
sound management practices for used tires; commenting on the practice at the present
time in New Brunswick in this regard, and concluding that preventative measures
should be taken to avoid the unfortunate situation such as occurred in Hagersville,
Ontario, and that the stock piling of large volumes of tires, whether it is related to
disposal or recycling, will be avoided or strictly controlled to prevent the possibility of
such a hazard -- be received and filed and the Minister of the Environment be
requested to indicate the timeframe for receipt of a draft proposal regarding location of
regional sites and implementation of the program.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Silver Links Seniors Club of Loch Lomond advising that it has been brought to its
attention that the City of Saint John has been creating ditches, placing large boulders
and concrete pipes and other unsightly obstructions designed to keep boats off the
water, along the shorelines of First and Second Loch Lomond, which the local citizens
feel are a potential hazard to children in that they fill up with rain; and also advising that
the residents would appreciate an arrangement a little more picturesque to the eye --
be referred to the City Manager for a report.
Responding to a query of Councillor Fitzpatrick as to the location of the
ditches, Mr. Robichaud replied that there are various types of ditches at different
locations and it would be best to survey each type and report to Council in this regard,
and that the intent is to beautify the area later, with the purposes of the ditches being to
prevent access on City-owned property to the Lakes.
Question being taken, the motion was carried.
82-412
COMMON COUNCIL
MAY 22,1990
Consideration was given to a resolution adopted in Legal Session earlier
this date and added to the agenda of this meeting regarding a judicial review of the
Gamblin Arbitration Award, dated December 29, 1989.
On motion of Councillor Rogers
Seconded by Councillor A. Vincent
RESOLVED that the resolution
adopted in Legal Session earlier this date regarding a judicial review of the Gamblin
Arbitration Award, dated December 29, 1987, be received and filed.
Clarification of the motion on the floor was questioned on the basis that
Councillor Coughlan had proposed a motion, which was seconded by Councillor
Fitzpatrick, to adopt the Legal Session resolution, whereupon Deputy Mayor Gould
acknowledged the motion to receive and file as the motion on the floor, and called for
the question thereon.
Question being taken, the motion was lost with the Deputy Mayor Gould
and Councillors Davis, Coughlan, Fitzpatrick, Flewwelling and Landers voting "nay".
On motion of Councillor Flewwelling
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Council authorize and approve the filing of the application for judicial
review of the Gamblin Arbitration Award, dated December 29, 1989, concerning the
Local 486 Buyer I position.
Councillor Rogers advised her intent to oppose the above motion based
on the following reasons: (1) her belief that the Award was fair to both parties; (2)
having heard the grievance and read the Arbitration Award, in her opinion there was
bias in the testing process which was confirmed by the Arbitration Board; (3) there have
been very few cases, being only one, where a judge has overruled an arbitration board;
(4) as the judicial review of the Gas Theft Arbitration Award did not overturn the Award,
a judicial review would not overturn the Award in question; (5) an indication in
Committee of the Whole that Council members had not recently read the Award; and
(6) staff argued that the Arbitration Board had no right to say that the grievor met the
minimum qualifications for the job in that, in so saying, it is believed that this prevents
the employer from insisting on qualifications and only permits the job to be done at a
minimum standard; however, in her opinion, this is not the Board's intent and, in fact it
is the City's right and the City does set the standards for positions, and the standards
must be reasonable, although in this situation, they were not; and she concurred with
the statement in the Arbitration Award to the effect that the employer was not acting in
an honest, unbiased manner and reasonable in the circumstances. Councillor A.
Vincent expressed the opinion that the City lost the Gamblin Arbitration as it did not
follow the collective agreement.
Question being taken, the motion was carried with Councillors Rogers
and A. Vincent voting "nay".
On motion of Councillor Coughlan
Seconded by Councillor Rogers
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
82-413
COMMON COUNCIL
MAY 22,1990
Assistant Common Clerk