1991-03-04_Minutes
82-823
COMMON COUNCIL
MARCH 4, 1991
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fourth day of March, AD. 1991, at 7:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers
and A Vincent
- and -
Messrs. F. Rodgers, City Solicitor; C. Robichaud, Assistant City
Manager - Operations; J. Brown, Assistant City Manger-
Development; 1. Totten, Deputy Commissioner of Finance; J. C.
MacKinnon, Commissioner of Environment and Infrastructure
Services; P. Groody, Commissioner of Human Resources; S.
Bedford, Director of Community Planning; S. Armstrong, Director
of Engineering; W. D. Todd, Director of Housing and Property
Management; S. Galbraith, Director of Supply and Services; D.
Sherwood, Chief of Police; C. Cogswell, Deputy Chief of Police;
G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; M.
Hanlon, Purchasing Agent; J. Baird, Manager - Development
Division, Planning; Mrs. M. Munford, Common Clerk; and Ms. C.
Joyce, Assistant Common Clerk.
Reverend Larry Collins of the Church of the Nazarene offered the
opening prayer.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that minutes of the
meeting of Common Council, held on February 25, 1991, be approved.
Question being taken, the motion was carried.
Her Worship the Mayor proclaimed March 1991 to be Red Cross Month
in the City of Saint John; extended congratulations to Heidi Hanlon, Sheri Stewart,
Kathy Floyd and Mary Harding of the Thistle-St. Andrews Curling Club for their efforts
at the Scott Tournament of Hearts Canadian Women's Curling Championships which
concluded March 3 in Saskatoon, Saskatchewan; and commended Mrs. Frances D.
Emmerson who was presented an Honourary Award of Excellence by the Maritime
Professional Photographers Association for her great creative ability in community
programming.
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, an area of land at 91 Millidge Avenue,
including recently-closed Constance Street and Valerie Street and parts of three
adjacent parcels of land with L.R.I.S. Numbers 041095,55014849 and 55014831, from
Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning
of those portions of the same parcels which are not presently zoned "1-1" Light
Industrial from the "RM-1" Three-Storey Multiple Residential and the "IL-1"
Neighbourhood Institutional zone to "1-1" Light Industrial zone, to permit incorporation of
the subject lands into the Baxter Dairies property, as requested by Baxter Foods
Limited, and that no written objections were received in this regard. No persons were
present with respect to the proposed amendments.
Consideration was given to a letter from the Planning Advisory
Committee recommending that (1) Schedule 2-A of the Municipal Development Plan be
amended by redesignating from Low Density Residential to Light Industrial
classification an area of land illustrated on the submitted drawing, including the
recently-closed Constance Street and Valerie Street and parts of three adjacent parcels
of land with L.R.I.S. Numbers 041095,55014849 and 55014831; and (2) those portions
of the same parcels which are not presently zoned "1-1" Light Industrial be re-zoned
from "RM-1" Three-Storey Multiple Residential and "IL-1" Neighbourhood Institutional to
"1-1" Light Industrial classification.
82-824
COMMON COUNCIL
MARCH 4, 1991
On motion of Councillor Knibb
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, an area of land at 91 Millidge Avenue, including the recently-
closed Constance Street and Valerie Street and parts of three adjacent parcels of land
with L.R.I.S. Numbers 041095,55014849 and 55014831, from Low Density Residential
to Light 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 Knibb
Seconded by Councillor A. Vincent
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, an area of land at 91 Millidge Avenue, including the recently-
closed Constance Street and Valerie Street and parts of three adjacent parcels of land
with L.R.I.S. Numbers 041095,55014849 and 55014831, from Low Density Residential
to Light 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 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 those
portions of the parcels of land at 91 Millidge Avenue, including the recently-closed
Constance Street and Valerie Street and parts of three adjacent parcels of land with
L.R.I.S. Numbers 041095,55014849 and 55014831 not presently zoned "1-1" Light
Industrial from "RM-1" Three-Storey Multiple Residential and "IL-1" Neighbourhood
Institutional to "1-1" Light Industrial 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 A. Vincent
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning those
portions of the parcels of land at 91 Millidge Avenue, including the recently-closed
Constance Street and Valerie Street and parts of three adjacent parcels of land with
L.R.I.S. Numbers 041095,55014849 and 55014831 not presently zoned "1-1" Light
Industrial from "RM-1" Three-Storey Multiple Residential and "IL-1" Neighbourhood
Institutional to "1-1" Light Industrial 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 Gould
RESOLVED that the letter from the Planning
Advisory Committee regarding the above-proposed amendments be received and filed.
82-825
COMMON COUNCIL
MARCH 4, 1991
Question being taken, the motion was carried.
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of the former CNIB property at 1660
Manawagonish Road (L.R.I.S. Number 402727), from "R-1A" One-Family Residential
and "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional
classification, to permit the existing building to be used as a special care home for up to
15 people, a day care facility and senior citizens' apartments, as requested by Rashida
Memon, and that no written objections were received in this regard, with a letter (copies
of which were distributed to Council members at this meeting) having been received
from Dr. G. R. Whittle asking several questions about the proposal. No persons were
present with respect to the proposed re-zoning.
Consideration was given to a letter from the Planning Advisory
Committee recommending that the City of Saint John Zoning By-Law be amended by
re-zoning the former CNIB property at 1660 Manawagonish Road (L.R.I.S. Number
402727), from "R-IA" One-Family Residential and "R-2" One- and Two-Family
Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution
pursuant to Section 39 of the Community Planning Act (1) limiting the use of the
property to the following: (a) a group care facility licensed by the N.B. Department of
Health and Community Services as a special care home for a maximum of fifteen
senior citizens and mentally or physically disabled adults in the existing building; (b)
senior citizens' housing in association with a group care facility in the existing building;
and (c) a kindergarten, nursery or day care centre in the existing building; (2) requiring
that the property be redeveloped and maintained in accordance with a site plan
approved by the Development Officer indicating the following: (a) retention of existing
landscaped areas and fencing; (b) a properly drained asphalt parking area and
driveway enclosed by poured-in-place concrete curbs and providing a minimum of: one
space per six beds in the special care home, 0.6 spaces for each senior citizen's
apartment, and one space for each seven children enrolled in the day care centre; and
(3) requiring that the site improvements indicated on the site plan be completed within
one year of building permit approval.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the former
CNIB property at 1660 Manawagonish Road (L.R.I.S. Number 402727), from "R-1A"
One-Family residential and "R-2" One- and Two-Family Residential to "IL-1"
Neighbourhood Institutional classification, pursuant to Section 39 of the Community
Planning Act, be read a first time.
During discussion, Mr. Bedford explained that, while the building does
not now meet Fire or Building Code requirements and the applicant's proposal for
development is not yet clear, the recommended Section 39 conditions, if adopted,
would ensure that the development will be compatible with the neighbourhood and, in
respect to the continued use of the basement apartment as a non-conforming use,
advised that a residential unit in a non-conforming situation, from a planning
perspective, should not cause any problem on the site; and Mr. Johnson advised that
his staff has indicted that a fair amount of work would be required on the building to
accommodate the proposed uses.
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 Fitzpatrick
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the former
CNIB property at 1660 Manawagonish Road (L.R.I.S. Number 402727), from "R-1A"
One-Family Residential and "R-2" One- and Two-Family Residential to "IL-1"
Neighbourhood Institutional classification, pursuant to Section 39 of the Community
Planning Act, be read a second time.
82-826
COMMON COUNCIL
MARCH 4, 1991
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 Flewwelling
RESOLVED that the correspondence
concerning the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land containing
99 hectares (244 acres) located on the north side of Latimer Lake Road (L.R.I.S.
Numbers 333526, 324905 and 55068738), from Low Density Residential to Heavy
Industrial classification, to permit re-zoning of the same area to the "1-2" Heavy
Industrial zone and the development of a gravel pit, asphalt plant and concrete ready
mix plant, as requested by Standard Paving Maritime Limited.
Notice had been given to Aztec Holdings Ltd., Owner, Central Trust
Company, Mortgagee, Canada Mortgage and Housing Corporation, Mortgagee, to
appear at this meeting of the Common Council to show cause, if any, why the building
located at 208 Duke Street (L.R.I.S. Number 4747), in the City and County of Saint
John, should not be removed or destroyed as a dangerous or dilapidated building.
Mr. Johnson circulated photographs of the above-mentioned three-storey
woodframe building and, having noted the presence in the Council Chamber of the
owner of the above building, advised that the building was first a problem under the
Minimum Standards By-Law and as a result of a series of minimum standards
inspections, it was concluded that the building was not being rehabilitated, nor did it
appear to be economical to proceed with rehabilitation, and it was dilapidated and
dangerous, having had a fire and being periodically open; and also advised that, while
the City in the summer of 1990 proposed to take the property to Council for
consideration, the owner came forward with his proposal to do major work on the
building before October, although City staff is unable to determine any work done and
the problem with the building being open and dangerous is ongoing. Mr. Johnson
further advised that the owner of the building applied for a building permit shortly before
the building was again to be presented to Council earlier in 1991 and that, as it was
considered inappropriate to continue with action under the 1925 Building Act with a
building permit having been applied for, he again asked the Common Clerk to withdraw
the matter from the Council agenda; and explained that, subsequent to receiving the
application for a building permit, staff determined that additional information was
required from the owner; however, attempts to contact the owner daily for over a two-
week period resulted in no response whatsoever, and the building continued to be open
to the public. Mr. Johnson stated that he considers the building to be dangerous in its
present state, and recommended that the building be removed or demolished.
Mr. L. Burge of Honey Beach Drive, Fairvale, owner of the above
building, appeared in opposition to the above recommendation; expressed agreement
with Mr. Johnson in that the building has been a problem and has been open to the
public, and explained that, although he has attempted to keep the building boarded up
as the photographs will indicate, at times the boards have been torn off leaving the
building open in the interim. Mr. Burge also explained that he found, subsequent to
applying for a building permit, that he did not have funds in place to work on the
building and that, in the meantime, he now has funds available to proceed with
rehabilitation; and asked Council to allow him to obtain a building permit and he will
proceed immediately with the rehabilitation of the building.
During discussion Mr. Burge confirmed that he is now in a position, upon
receipt of a building permit, to begin to rehabilitate the building immediately, advised
that he has owned the property for approximately eleven years, with it being vacant for
about two years, and responded to Council queries concerning his property tax arrears
and the fire in the building for which the building was not insured; and Mr. Johnson
made the observation that, while the issue before Council is that the building is
dangerous in his opinion, it is another issue if Council determines that Mr. Burge is
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COMMON COUNCIL
MARCH 4, 1991
prepared to expend the necessary funds so that the building will not be dangerous and
maintain the building accordingly while he is carrying out the rehabilitation work, and he
clarified that, with respect to the amount of funding required to rehabilitate the building
based on a building permit application for $30,000 and an inspection by Plans
Examiner D. Mabey which revealed that an amount of $75,000 to $80,000 could be
required to rehabilitate the building with Mr. Burge's understanding being that $65,000
would be the amount required, the difference in the amounts should not be of concern
in that he would have no problem issuing a building permit for $65,000 with the details
to be worked out later, and further that Mr. Burge could give the City a bond or other
security to assure Council that he will do the work, as he has indicated on other
occasions that the work would be done and it was not.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that notice having been given
to Aztec Holdings Ltd., Owner, Central Trust Company, Mortgagee, Central Mortgage
and Housing Corp., Mortgagee, as appears by the records of the Registrar of Deeds for
the County of Saint John, of the building located at civic number 208 Duke Street
(L.R.I.S. Number 4747) in the City of Saint John, requesting that the said owner appear
before this meeting of the Common Council to show cause why the said building should
not be removed or destroyed as a dangerous or dilapidated building, and having
considered the report of the Building Inspector, the Common Council hereby deems
and declares the said building located at 208 Duke Street in the said City to be
dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Aztec Holdings Ltd.,
Owner, Central Trust Company, Mortgagee, Central Mortgage and Housing Corp.,
Mortgagee, is hereby required to remove or destroy the said building situate at civic
number 208 Duke Street, in the City of Saint John, within ten days after receiving notice
to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Aztec
Holdings Ltd., Owner, Central Trust Company, Mortgagee, Central Mortgage and
Housing Corp., Mortgagee, to remove or destroy the said building situate at 208 Duke
Street in the City of Saint John, in compliance with the request of such notice that the
Building Inspector cause such work to be done and the cost thereof recovered from the
said Aztec Holdings Ltd., Owner, Central Trust Company, Mortgagee, Central Mortgage
and Housing Corp., Mortgagee.
Question being taken, the motion was carried with Councillor Flewwelling
voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from Mayor
Wayne submitting a letter from Canadian Mental Health Association, Saint John Branch
Inc., requesting $500 to assist in covering the fees of the speaker and other expenses
incurred in hosting its two-day conference on May 2-3, 1991 at the Saint John Regional
Hospital -- be referred to the Acting City Manager for a report at the next meeting.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that as recommended by the
Acting City Manager, authority be granted for payment of the following construction
progress certificates, namely:-
1. Contract 89-7, Concrete Work 1989, Contact II
Grove Construction (1986) Inc.
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
$557,671.84
537,386.61
1,800.00
510,198.97
82-828
COMMON COUNCIL
MARCH 4, 1991
Sum recommended for payment, Progress
Estimate Number 4, dated February 26, 1991
Partial holdback release
2. Contract 90-17, Orange Street
Water and Sewer Reconstruction
QM Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress
Estimate Number 4, dated February 26, 1991
Partial holdback release
3. Contract 90-14, Park Street
Extension - Water and Sewer
QM Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress
Estimate Number 3, dated February 27, 1991
Final holdback release
$ 25,387.64
$442,519.00
431,739.99
4,000.00
336,906.00
$ 90,833.99
$249,615.00
$217,490.61
Nil
187,178.50
$ 30,312.11
Question being taken, the motion was carried.
Read a report from the Acting City Manager recommending award of the
tender for the Rockwood Park Golf Course concession to Mr. Robert Creamer in an
amount of $4,500, and the tender for the A-Frame at Rockwood Park to Fred Little
Convenience in an amount of $5,500.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that as recommended by the
Acting City Manager, the tender for the canteen concession for the year 1991 at the
Rockwood Park Golf Course be awarded to Mr. Robert Creamer for an amount of
$4,550, and that the Mayor and Common Clerk be authorized to execute the necessary
contract documents:
AND FURTHER that the tender for the canteen concession for the year
1991 at the Rockwood Park A-Frame be awarded to 046098 N.B. Ltd., Saint John Y's
Men's Club, for an amount of $5,000; and that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
In response to Councillor Fitzpatrick, Mr. Totten advised that the City
realized $7,174 in income from the Rockwood Park Golf Course concession in 1990,
and, while the concession fee for the A-Frame was $3,000 plus 7% of the gross
revenue, the amount of gross revenue cannot be calculated until the audited financial
statement is received from the concessionaire.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Landers voting "nay".
Read a report from the Acting City Manager advising that public tenders
were called for 45 vehicles to replace existing units which, due to age and condition,
were identified in the budget as no longer being suitable for City service, 12 of which
are for the Police Department and those tenders will be awarded by the Police
Commission; also advising that a letter was received by the Common Clerk the day
following receipt of tenders from Centennial Pontiac Buick GMC Ltd. advising that it had
made errors in calculating its bid prices and asking that its bids be withdrawn and that
the Purchasing Agent, having spoken with this Company, is satisfied that it did, in fact,
err in the preparation of its bids and its request is justified, and staff did not consider
the tenders
82-829
COMMON COUNCIL
MARCH 4, 1991
submitted by Centennial Pontiac Buick GMC Ltd. in its review; and further advising that
the lowest bid meeting specifications is being recommended for acceptance in every
instance.
Consideration was given to the above-mentioned letter from Centennial
Pontiac Buick GMC Ltd. requesting that its tenders for motorized equipment be
disregarded due to calculating errors.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Centennial Pontiac Buick GMC Ltd. requesting that its tenders for motorized equipment
be disregarded due to calculating errors -- be received and filed and the request be
granted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that as recommended by
the Acting City Manager, the request by Centennial Pontiac Buick GMC Ltd. to
withdraw its bids for motorized equipment be granted and that tenders be awarded as
indicated in the submitted bid summaries as follows:-
Bid No. 91-7001T Downey Ford Sales Ltd.
91-7001 BT Lorne Brett Chev Olds.
91-7001CT Downey Ford Sales Ltd.
91-7001 DT Dobson Chrysler Dodge
91-7005T Dobson Chrysler Dodge
91-7005A T Dobson Chrysler Dodge
91-7005BT Downey Ford Sales Ltd.
91-7005CT Downey Ford Sales Ltd.
91-7006T Downey Ford Sales Ltd.
91-7006A T Dobson Chrysler Dodge
91-7006BT Downey Ford Sales Ltd.
91-7007T Downey Ford Sales Ltd.
91-7007AT Downey Ford Sales Ltd.
91-7007BT Downey Ford Sales Ltd.
91-7007CT Downey Ford Sales Ltd.
91-7007DT Downey Ford Sales Ltd.
91-7015T Bayview International Trucks
91-7015AT Valley Equipment Ltd.
@ $ 26,815.89
@ $ 21,315.65
@ $ 21,157.69
@ $ 50,371.54
@ $ 35,581.12
@ $ 20,842.95
@ $ 19,339.32
@ $ 21,257.45
@ $ 16,919.97
@ $ 31,855.30
@ $ 41,843.86
@ $ 57,938.38
@ $ 44,260.83
@ $ 32,458.65
@ $181,884.38
@ $ 35,600.12
@ $257,101.41
@ $164,762.49
Question being taken, the motion was carried.
Consideration was given to a report from the Acting City Manager
advising that four tenders were received for the City's annual requirements of traffic
paint and glass beads and that the Province's prices are indicated on the submitted bid
summary as all municipalities have been given the opportunity to purchase from its
contracts; also advising that, by taking advantage of the Provincial offer, the City's
costs for the products is reduced by $7,894.40, and that the total value of the contract,
based on acceptance of the Provincial suppliers, being Laurentide Chemicals Atlantic
Ltd. for paint and J. W. Bird & Co. Ltd. for glass beads, is $30,014.60; and
recommending award of the tender at the prices supplied by the Province.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Acting City Manager, the City's 1991 paint and glass bead requirements be
purchased at the prices supplied by the Province of New Brunswick at a total cost of
$30,014.60 plus taxes.
Question being taken, the motion was carried.
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COMMON COUNCIL
MARCH 4, 1991
Read a report from the Acting City Manager explaining that a new
simplified bill has been developed for use by the City's Finance Department to replace
the current utility bill which has caused a number of problems and a number of citizens'
complaints and, as well, an outstanding traffic violation notice has been developed for
use in an attempt to reduce the costly process of summons preparation and serving,
and to allow for this change it is necessary that equipment be acquired to perform the
function of folding, inserting and stuffing all of the necessary documentation; advising
that, of the two tenders received for an inserter system, FAM Enterprises, the low
tenderer in an amount of $19,500 does not meet the specifications for this equipment;
and recommending the award of the tender to Pitney Bowes of Canada.
On motion of Councillor Knibb
Seconded by Councillor Davis
RESOLVED that as recommended by the
Acting City Manager, the tender of Pitney Bowes of Canada, in the amount of $29,454,
plus taxes, be accepted for an inserter system.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Davis
RESOLVED that the report from the Acting
City Manager advising that, as part of the process to complete the District #2 Fire
Station Study, Ernst & Young proposes to hold two public meetings to (1) present the
terms of reference that have been given to the consultant; (2) present the basics of
standard fire ground operating procedures; (3) solicit input and answer questions from
the citizens of District #2 in the City who are interested in the fire protection service;
and (4) discuss response capability objectives for the fire protection services in Saint
John, and that these meetings will be held at 10:00 a.m. and 2:00 p.m. on March 23;
also advising that the consultants have also requested a meeting with Council at noon
Friday, March 22 in order to provide a status report on the progress of the study and to
provide more information on the proposed public hearings; and recommending that
Council consider the request of Ernst & Young to meet on March 22, 1991 at noon -- be
received and filed and the recommendation adopted.
Councillor Flewwelling suggested that the consultants should hold public
meetings on a weekday rather than on a Saturday on the basis that more persons
would be available and interested in attending through the week and further that the
City, rather than the consultants, should be the one to determine when the public
meetings are to be held.
Question being taken, the motion was carried with Councillor Flewwelling
voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that the report from the
Acting City Manager advising that, further to a concern expressed at the February 11
Council meeting in regard to the location of the Daley's Store at 77 Glen Road, work on
this project was begun without a building permit and discovered on July 5, 1989, with a
stop work order issued until such time that a building permit was obtained; also advising
that, once the building permit had been obtained and the inspector reviewed the plans,
the owner was forwarded a letter requesting that a legal survey be done as the property
corner pins could not be established in the field and that, as a result of staff's follow-up
on this request, the owner finally obtained the survey information and discovered the
discrepancy which caused him to submit the application for an amendment to the
Section 39 re-zoning that is before Council -- be received and filed.
Question being taken, the motion was carried.
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COMMON COUNCIL
MARCH 4, 1991
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from the Chief
of Police submitting a request from the President of the Local Chapter of Crime
Stoppers for a significant contribution of funds for 1991; advising that he
wholeheartedly supports the Crime Stoppers Program, and requesting that a grant be
approved for Saint John and Western District Crime Stoppers, hopefully, to a value of
$3,000 as was the case last year -- be received and filed and a grant of $3,000 be
approved.
Chief Sherwood advised that he would make provision in the 1992
Police Department for a grant for the above group.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
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 February 25, 1991,
when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the
following recommendations, namely:-
1. That as recommended by the Acting City Manager, the repurchase
option included in the 1969 deed for the property at 97 Prince Edward Street from the
City to Joseph Valardo be released and further that a clause be included in the deed
prohibiting development of the lot as a separate parcel.
2. That as recommended by the Acting City Manager, (1) NB Tel be given
an easement on City-owned land described as being between the western boundary of
the City property and a line parallel to, and 12 metres from the centre line of the
extension of Churchland Road as shown on Plan C 71-1 of the Engineering
Department records; (2) the document to specify that the easement is to permit only the
placement of an outside plant module; (3) the cost of the easement to be $300; and (4)
NB Tel to be responsible for all costs associated with the granting of the easement.
3. That as recommended by the Acting City Manager, the 66-foot strip of
City-owned land on Eldersley Avenue lying southeast of the property of Grace J.
Frances be sold to her for a price of $500 plus all expenses necessary to complete the
transfer.
4. That the repurchase option held by the City for development of the
property at 9 Somerset Street be extended for a further term of 6 months to December
17, 1991 under the same requirement that the concrete footing of a new building must
be completed by that date.
5. That as recommended by the Acting City Manager, (1) the City acquire
approximately 1.4 acres of land, formerly part of the Lancaster spur, from Canadian
Pacific Limited for a price of $21,000 plus a proportionate share of subdivision cost
estimated to be approximately $1,700; and (2) following acquisition of the land by the
City, negotiations be opened for sale of that portion not needed by the City to the
adjoining owners.
6. That as recommended by the Acting City Manager, Mr. Matthew
MacPherson be named as the City's nominee to the board of arbitration of Local No.
18, C.U.P.E. grievances 90-51 and 91-1 concerning contractors working while long-
term seasonal employees were laid off.
7.
That subsequent to Common Council resolution of December 27, 1990
82-832
COMMON COUNCIL
MARCH 4, 1991
concerning the Saint John Region Tomorrow Committee, Council appoint the following
representatives nominated by the various organizations invited to the Saint John
Region-Tomorrow Committee:-Fundy Region Mayors Association -Mayor Emil Olsen,
Quispamsis; Saint John MLAs - Mr. John Mooney; Saint John Member of Parliament -
The Honourable Gerald Merrithew; Irving Group of Companies - Mr. J. K. Irving;
Building and Construction Trades Council -Mr. Alfred Vautour; Fundy Region
Development Commission - Mr. Gil Carter; School District No. 20 - Ms. Marguerite
Thompson; Saint John Construction Association - Mr. Bruce Dowd; and Saint John
Board of Trade - Mr. Graham McDougall and Mr. John Wheatley.
March 4, 1991,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
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 Gould
Seconded by Councillor Knibb
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 Gould
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried with the Mayor voting
"nay".
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that section 5 of the
above report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that section 6 of the
above report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Davis
RESOLVED that section 7 of the above
82-833
COMMON COUNCIL
MARCH 4, 1991
report be adopted.
The Mayor noted that, in Committee of the Whole, Council referred to
the Nominating Committee the matter of two appointees at large to the Saint John
Region Tomorrow Committee, and asked Council members to submit names of any
recommended nominees to the Committee for consideration.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Flewwelling
RESOLVED that the letter from Mr.
Gordon Hunt complaining about the snow removal department and its staff with respect
to Rockwood Court; explaining that a sign posted indicates no angle parking and it is
difficult, in view of there being seven apartments in each building, to locate owners of
vehicles in order to move a vehicle out when they are parked behind each other,
especially on an incline and on icy streets; advising that he was issued a parking ticket
for parking slightly on an angle which solved his and others' problems; and suggesting
that, if the City does not want to do its part by doing proper snow removal, he is not
doing his part by paying his submitted parking ticket -- be referred to the Acting City
Manager for consideration in the previously-requested report to Council.
Councillor Knibb suggested that, as Council has already referred to staff
for a report a previous complaint from Mr. Hunt, the above letter could be received and
filed, and it was suggested that staff could consider the above letter in conjunction with
the letter referred by Council on February 11, 1991.
Question being taken, the motion was carried.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the letter from Mr.
Kevin Estabrooks, a member of the Committee for Courtney Murdock's Benefit Dance
to be held at the Lily Lake Pavilion, advising that Courtney is a 19-month old Saint John
born girl with cancer of both eyes, and requesting the use of the facility at a minimum
cost and the Committee will look after set up and clean up of the facility and whatever
else is requested for its use -- be received and filed and a grant in the amount of the
rental fee be approved.
Councillor Landers offered to coordinate an effort among management
and the four civic unions in an attempt to obtain funding for the above benefit.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Flewwelling
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried
Common Clerk