1992-03-16_Minutes
83-412
COMMON COUNCIL
MARCH 16, 1992
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixteenth day of March, AD. 1992, at 7:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould,
Knibb, Landers, Rogers, A Vincent and M. Vincent
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; 1. Totten, Deputy
Commissioner of Finance; C. Robichaud, Assistant City Manager
- Operations; J. C. MacKinnon, Commissioner of Environment
and Infrastructure Services; P. Groody, Commissioner of Human
Resources; S. Armstrong, Director of Engineering; S. Bedford,
Director of Community Planning; D. O'Leary, Director of
Economic Development; W. Butler, Director of Water and
Sewerage Services; M. Jamer, Director of Operations; S.
Galbraith, Director of Supply and Services; D. Sherwood, Chief of
Police; R. McDevitt, Fire Chief; R. Johnston, Deputy Fire Chief;
G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; J.
Baird, Manager - Development Division; B. Malone, Planner; P.
Asimakos, Planner; M. Hanlon, Purchasing Agent; G. Yeomans,
Manager, Accounting Services; B. McCarthy, Personnel Officer;
Miss D. Murray, Manager of Public Relations; Ms. M. Chaperlin,
Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce,
Assistant Common Clerk.
Father Donald Breen of the Cathedral of the Immaculate Conception
offered the opening prayer.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that minutes of the meeting
of Common Council, held on March 9, 1992, be approved.
Question being taken, the motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Coughlan
RESOLVED that a March 16, 1992
Committee of the Whole recommendation concerning the Saint John Regional
Exhibition Centre, and a recommendation concerning soccer (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.
The Mayor proclaimed March 22 to 28 to be National Physiotherapy
Week in the City of Saint John, and commented on The Salvation Army Food Appeal
Drive from March 9 to 30.
Councillor Rogers, a member of the Organizing Committee of
Moosehead Skate To Care, presented to the Mayor a framed photograph collage of the
Skate To Care '92 event in appreciation of the City of Saint John's Corporate
Sponsorship.
On motion of Councillor Flewwelling
Seconded by Councillor Landers
RESOLVED that the City Manager's
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MARCH 16, 1992
reports (copies of which were forwarded to Council members as information items)
concerning the amounts paid by the Province for the Saint John Regional Exhibition
Centre, and the quantity of chain link fencing installed, be added to the agenda for
consideration at this meeting.
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, two parcels of land at 10 and 33 Magazine
Street (NBGIC Numbers 31088 and 24455, respectively), from Low Density Residential
to High Density Residential classification; and (b) the proposed re-zoning of the smaller
parcel at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood
Institutional to "RM-2" High Rise Multiple Residential classification, to permit the two
parcels to be combined for future development of high-rise apartments, as requested
by Corporation 1906 Inc., and that no written objections were received in this regard.
Consideration was given to a letter from the Planning Advisory
Committee advising that the applicant expressed agreement with the recommendation
contained in the submitted copy of the Planning Department's report considered at the
Committee's March 10 meeting; and recommending that (1) the Municipal Development
Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to
High Density Residential, two parcels of land at 10 and 33 Magazine Street (NBGIC
Numbers 31088 and 24455); and (2) the smaller parcel, known as 10 Magazine Street
(NBGIC Number 31088), be re-zoned from "IL-1" Neighbourhood Institutional to "RM-2"
High Rise Multiple Residential classification.
Mr. Graeme Scaplen appeared in support of the application representing
Corporation 1906 Inc. and advised that, at the recommendation of the Planning
Department, the Company is looking to re-zone the two parcels of land in question in
consideration of a possible high-rise condominium project of which the Company is
considering the feasibility, and that the proposed re-zoning would put things in order for
this project.
During discussion Mr. Scaplen confirmed that, while he is aware that
Planning staff has come concern about the water pressure in the area, the applicant
has no concerns in this regard at this time; and he explained that the applicant has put
forth a proposal and discussed drawings with the Planning Department and that, as the
parcel of land carries two various types of zonings, the application is intended to make
the zoning consistent so the applicant can proceed, although it would be necessary to
seek Council's final approval of the plan.
On motion of Councillor Knibb
Seconded by Councillor Rogers
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, two parcels of land at 10 and 33 Magazine Street (NBGIC
Numbers 31088 and 24455), from Low Density Residential to High Density Residential
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 Rogers
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, two parcels of land at 10 and 33 Magazine Street (NBGIC
Numbers 31088 and 24455), from Low Density Residential to High Density Residential
classification, be read a second time.
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COMMON COUNCIL
MARCH 16, 1992
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 M. Vincent
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 at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood
Institutional to "RM-2" High Rise Multiple 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 M. Vincent
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 at 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood
Institutional to "RM-2" High Rise Multiple 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 Rogers
RESOLVED that the above letter from
the Planning Advisory Committee be received and filed.
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 March 16, 1992, when
there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits
the following recommendation, namely:-
1. That as recommended by The Market Square Corporation, the
Corporation be authorized to issue a public tender call for a fixed price contract for the
construction of the Regional Exhibition Centre, with the design to include provision for
additional box seats and completion of the concourse level.
March 16, 1992,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the above report be
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received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried with Councillors
Flewwelling and Gould voting "nay".
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that the City of Saint John
guarantee up to $20,000 regarding the hosting by Soccer New Brunswick Inc. of an
International Soccer Match between Canada and Poland on Thursday, July 2, 1992, in
Saint John.
The Mayor asked that Mr. MacKinnon, the City's ex-officio member of the
Major Tournament Committee, ensure that Mr. Derek Wisdom, Executive Director of
Soccer New Brunswick Inc. contacts the Major Tournament Committee regarding the
above matter, and made the observation that, hopefully, the Soccer Match will
represent no cost to the City and that the above motion is just a matter of supporting
the group in this matter.
Question being taken, the motion was carried.
On motion of Councillor Flewwelling
Seconded by Councillor Rogers
RESOLVED that the report from the City
Manager advising that, as at March 13, 1992, the City has submitted claims to the
Province for $713,381.55 on account of design and excavation for the Saint John
Regional Exhibition Centre and, to date, the City has received $180,073.87, such
information having been requested at last week's meeting -- be received and filed.
Mr. Wilson, in response to Councillor Flewwelling, explained that the
process for reimbursement from the Province is that the City pays the amounts and
submits claims to the Province as evidence that the bills have been received in the
amounts claimed, and that the turnaround time has been fairly good in that the amount
unpaid was billed very recently and the Province paid the initial $180,073.87 almost
within days of the City submission of the bill.
Question being taken, the motion was carried.
On motion of Councillor Flewwelling
Seconded by Councillor Knibb
RESOLVED that the report from the City
Manager responding to Council's March 9 questions on the quantity of chain link
fencing installed at various City facilities by Fundy Fencing Ltd. -- be received and filed.
Question being taken, the motion was carried.
Consideration was given to a report from the City Manager advising that
the total number of pieces covered by the tender for motorized equipment is 46, of
which 15 are for replacement of Police vehicles and have been dealt with by the Police
Commission and the other 31 units are addressed in the submitted bid summary; also
advising that, following receipt of tenders, a letter was received from Brunswick
Chrysler Plymouth Ltd. requesting to withdraw its bids 92-7001 BT and 7005BT in which
errors had been made; further advising that the lowest tender meeting specifications is
being recommended for acceptance in all but one instance in that the lowest bid on No.
92-7006AT (7 compact trucks) submitted by Centennial Pontiac in the amount of
$111,888.47 has a promised delivery of 16 weeks, while the second lowest bidder,
Dobson Chrysler in the amount of $112,877.82, promises to deliver within 8 weeks, and
it is staff's opinion that acceptance of the higher bid will result in overall cost savings by
reducing the amount spent on rentals; and recommending that (1) the tender, at a total
value of $1,201,042.60, be awarded as follows:-
Bid No. 92-7001T - Dobson Chrysler
Bid No. 92-7001 DT - Dobson Chrysler
Bid No. 92-7004T - M.I.1. Sales Ltd.
$ 34,193.88
$ 34,514.56
$ 31,585.69
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MARCH 16, 1992
Bid No. 92-7005T - Brunswick Chrysler $ 46,006.74
Bid No. 92-7005AT - Centennial Pontiac $ 22,734.95
Bid No. 92-7005BT - Downey Ford $ 22,358.45
Bid No. 92-7006T - Downey Ford $ 26,855.08
Bid No. 92-7006A T - Dobson Chrysler $112,877.82
Bid No. 92-7007T - Downey Ford $ 36,005.13
Bid No. 92-7007AT - Downey Ford $ 75,114.90
Bid No. 92-7007BT - Downey Ford $ 39,704.81
Bid No. 92-7013T - Saunders Equipment - $ 69,450.76
Bid No. 92-7015T - Lounsbury Co. $ 83,737.60
Bid No. 92-7015AT - Lounsbury Co. $122,360.42
Bid No. 92-7015BT - Bayview International - $138,010.74
Bid No. 92-7015CT - Bayview International - $ 97,659.82
Bid No. 92-7019T - LeClair Equipment $ 62,888.71
Bid No. 92-7029T - Lounsbury Industrial - $ 67,687.02
Bid No. 92-7010T - Lounsbury Industrial - $ 77,295.52;
(2) the Mayor and Common Clerk be authorized to sign a total cost bid agreement with
respect to Bid No. 92-7010T for a period of 7 years or 10,500 hours; and (3) the
request of Brunswick Chrysler Plymouth Ltd. to be permitted to withdraw bids No. 92-
7001 BT and 92-7005BT be granted.
A motion was proposed by Councillor Knibb and seconded by Councillor
Davis to adopt the above recommendation of the City Manager.
Deputy Mayor Gould asked that Bid No. 92-7006A T for 7 compact trucks
be deleted from the motion in that the recommendation deviates from the lowest price,
and asked if, on the basis that staff is giving delivery date as the reason for
recommending the higher tender, the tender call stipulated that the vehicles must be
delivered within a specific time period or include a time limit for delivery of the vehicles.
Mr. Hanlon replied that the bidders indicate to the City how long it will take them to
deliver the equipment and this is taken into consideration by staff during review and
analyzation of the tenders and that, as the criteria of delivery date has been used for
years as one of the factors considered by the City, he assumes that the tenderers
would be aware of this criteria; and also that there is a penalty assessed, if delivery is
late, to cover any costs that the City occurs, including rental and maintenance costs,
until the vehicles are received; therefore, there is a real benefit for the City, in staff's
opinion, to accept the higher bid because, in the long run, the City will spend less
money. In response to the Deputy Mayor's question about what the City is using now
for compact trucks, Mr. Hanlon advised that the 7 compact trucks are to replace 7
vehicles presently in the City's fleet, the latter which will be used until such time as they
are auctioned off in the fall and will offset the rental costs that would be incurred during
this period of time, although the rented vehicles are not filling the job of the 7 vehicles
to be replaced, but are being used in the summer programs, for maintenance work and
so on which is normally carried on in May, June and July, the period of time during
which the City would be waiting for the vehicles from Centennial Pontiac.
The mover and seconder of the proposed motion agreed to remove from
the motion the City Manager's recommendation to award Bid No. 92-7006A T to Dobson
Chrysler.
On motion of Councillor Knibb
Seconded by Councillor Davis
RESOLVED that the tender for motorized
equipment be awarded as follows:-
Bid No. 92-7004T - M.I.1. Sales Ltd.
Bid No. 92-7005T - Brunswick Chrysler
Bid No. 92-7005A T - Centennial Pontiac
Bid No. 92-7005BT - Downey Ford
Bid No. 92-7006T - Downey Ford
Bid No. 92-7007T - Downey Ford
Bid No. 92-7007AT - Downey Ford
Bid No. 92-7007BT - Downey Ford
Bid No. 92-7013T - Saunders Equipment -
Bid No. 92-7015T - Lounsbury Co
$ 31,585.69
$ 46,006.74
$ 22,734.95
$ 22,358.45
$ 26,855.08
$ 36,005.13
$ 75,114.90
$ 39,704.81
$ 69,450.76
$ 83,737.60
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Bid No. 92-7015AT - Lounsbury Co $122,360.42
Bid No. 92-7015BT - Bayview International- $138,010.74
Bid No. 92-7015CT - Bayview International- $ 97,659.82
Bid No. 92-7019T - LeClair Equipment $62,888.71
Bid No. 92-7029T - Lounsbury Industrial $ 67,687.02
Bid No. 92-7010T - Lounsbury Industrial $ 77,295.52;
(2) the Mayor and Common Clerk be authorized to sign a total cost bid agreement with
respect to Bid No. 92-7010T for a period of 7 years or 10,500 hours; and (3) the
request of Brunswick Chrysler Plymouth Ltd. to be permitted to withdraw bids No. 92-
7001 BT and 92-7005BT be granted:
AND FURTHER that as recommended by the City Manager, Bid Nos. 92-
7001 T and 92-7001 DT be awarded to Dobson Chrysler, in the amounts of $34,193.88
and $34,514.56, respectively.
Councillor Coughlan asked if the type of sedans to be purchased is
monitored in that there appears to be some degree of opulence and extravagance
which, hopefully, is not indicative of various positions getting a particular vehicle, and
expressed the understanding that the user identifies the type of vehicle to be
purchased. Mr. Galbraith replied that the user department would identify the needs to
be filled by the vehicles and, based on the function and purpose of the vehicles, staff
considers the market and work within that range to develop the technical specifications,
with a number of companies subsequently able to bid on these technical specifications;
and Mr. Brown made the observation that, following Council's recent discussion on the
vehicle policy, there was a commitment on his part to look at the development of
specifications for vehicles to ensure that vehicles are closely aligned to their use, and
that this will be done this year. Councillor Coughlan asked if it is necessary to
purchase all of the above vehicles at this time on the basis that there could be
monetary saving to the City to first review the specifications. The Mayor suggested that,
if there is no urgency in the above purchases, staff would provide a teach-in for Council
at the next meeting on the use of the vehicles and for whom they are being purchased,
and Mr. Robichaud asked that, if Council wishes to delay the tender award for
passenger vehicles, Council award the remainder of the tender as recommended in
that some of the heavy equipment is urgently needed.
On motion of Councillor Coughlan
Seconded by Councillor Landers
RESOLVED that the City Manager's
recommendations for the award of Bid Nos. 92-7001T and 92-7001 DT be laid on the
table.
Question being taken, the tabling motion was carried with the Mayor and
Councillors Davis, Fitzpatrick, Gould and Knibb voting "nay".
Councillor Flewwelling expressed disagreement with the recommended
award of Bid No. 92-7007T to the second lowest tenderer due to the lowest tenderer's
variation from specifications as indicated on the submitted bid summary; and Deputy
Mayor Gould questioned the recommended award in that the recommended tenderer
has an 18-week delivery period, while the lower tenderer's delivery period is 10 weeks.
Question being taken, the motion excluding Bid Nos. 92-7001T and 92-
7001 DT was carried with Councillors Flewwelling and Gould voting "nay".
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the tender for Bid No. 92-7006A T be awarded to Dobson Chrysler in
the amount of $112,877.82.
Question being taken, the motion was carried with Deputy Mayor Gould
voting "nay".
Notice had been given to Stanley Elmer Leonard Wilson in his capacity
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as Executor under the Last Will & Testament of Stanley Marshall Wilson, deceased, to
appear at this meeting of the Common Council to show cause, if any, why the building
located at 1377 Lorneville Road (NBGIC Number 285338), in the City and County of
Saint John, should not be removed or destroyed as a dangerous or dilapidated
building.
Consideration was given to a report from the Building Inspector
regarding the one-storey wood frame building at 1377 Lorneville Road (NBGIC Number
285338); stating that this one-storey wood frame structure is deteriorated, dilapidated,
dangerous and open to the public; and recommending that Common Council pass the
submitted resolution by virtue of the Saint John Building Act of 1925.
Mr. Johnson circulated photographs of the subject building which, he
advised, has been in a partially-built condition for at least four years, and is not safe
and is dangerous; and recommended that the building be demolished in accordance
with his submitted recommendation.
Mr. Stanley Leonard Elmer Wilson appeared before Council, and
advised that he has put much work into the subject building, having put jack posts
under it which were stolen by vandals and put plywood up which was ripped off, and
that some of the flooring has been torn out of the building.
The Mayor asked how long Mr. Wilson has been working on the house to
which Mr. Wilson replied that, lately, he has not been working on the building because
he has a bad back and also that, as he has been working on the other property which is
also before Council at this meeting, he could not work on both of the properties at once
in that, at the time of his 1988 appearance before Council, his father's house had top
priority as being dangerous, while the other property, as indicated in the photograph,
has a four-foot wall and is quite high and, therefore, he cannot see any danger in this
regard, although it is open. In response to Councillor M. Vincent's question as to a time
frame to work on the property, Mr. Wilson advised that his son has offered to assist on
the weekends, although he does not know which property the City wants him to work
on first. The Mayor asked if Mr. Wilson indicated in 1988 that he would take action on
this property, to which Mr. Wilson indicated in the affirmative and added that he has
had a bad back and has found it hard to work on the property.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that notice having been
given to Stanley Elmer Leonard Wilson in his capacity as Executor under the Last Will
& Testament of Stanley Marshall Wilson, deceased, Owner, as appears by the records
of the Registrar of Deeds for the County of Saint John, of the building located at civic
number 1377 Lorneville Road (NBGIC Number 285338) 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 1377
Lorneville Road in the said City to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Stanley Elmer Leonard
Wilson in his capacity as Executor under the Last Will & Testament of Stanley Marshall
Wilson, deceased, is hereby required to remove or destroy the said building situate at
civic number 1377 Lorneville Road, 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 Stanley
Elmer Leonard Wilson in his capacity as Executor under the Last Will & Testament of
Stanley Marshall Wilson, deceased, to remove or destroy the said building situate at
1377 Lorneville Road 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 Stanley Elmer Leonard Wilson in his capacity as Executor
under the Last Will & Testament of Stanley Marshall Wilson, deceased, Owner.
The Mayor questioned, in view of an indication that another person
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wished to address Council in this regard, the propriety of such an address, to which Mr.
Rodgers explained that, under the 1925 Act, the notice with respect to persons to show
cause why the building should not be ordered demolished is forwarded to the owners,
which means persons with interest in the land; and expressed the opinion that any
other person who speaks would have to be by a decision of Council as a separate
motion requiring a two-thirds majority vote. In response to an indication that Mr. Wilson
is not the owner of the property and to the Mayor's question as to ownership, Mr.
Wilson advised that he has a deed to the property. Mr. Rodgers also explained that the
notices were forwarded on the basis of the City's efforts through the Registry Office
and in satisfaction of the 1925 Building Act; however, if there is a person who wishes to
come forward at this time to provide information that contradicts same, he would be
pleased to examine the information to see if it has any relevance to this hearing. In
response to the Mayor, Mr. Wendell Pickering identified himself as the person who
wished to address Council.
On motion of Councillor Coughlan
Seconded by Councillor Fitzpatrick
RESOLVED that Mr. Wendell
Pickering be invited to address Council at this time.
Question being taken, the motion was carried.
Mr. Pickering clarified that Elmer Wilson is his half-brother and the
Executor to the Will, and the property was willed to Troy Wilson, who is Elmer Wilson's
son, and Gladys Wilson, who he is representing as Power of Attorney for her part of the
property.
Mr. Rodgers suggested that Mr. Pickering could proceed with his
comments about the subject building, with Council to make no decision until the City
Solicitor confirms whether or not his comments have any relevance to this matter.
Councillor M. Vincent asked if Mr. Pickering is contesting the demolition
notice against the wrong owner or giving information as to why the building should not
be torn down, to which Mr. Pickering replied that he is questioning Mr. Wilson being
recognized by Council as the owner of the property and also to deal with the property
itself.
Mr. Johnson clarified that he inadvertently distributed the photographs of
the foundation and partially-constructed property at 1381 Lorneville Road and that the
photographs of the subject property show not the partially-built but the partially-
demolished house, whereupon he circulated the photographs of the property at 1377
Lorneville Road.
Mr. Pickering explained that, having visited the property last fall, the
building was secured and the basement was filled in with gravel etc. in a manner in
which, he understood, Council required after the damages, and that an attempt is being
made to sell the property and, if possible, he would like not to have to tear the building
down.
At the Mayor's request, Mr. Wilson was shown the proper photographs of
the subject property in that he, like Council, had inadvertently been shown the wrong
photographs earlier in this meeting.
The Mayor asked the amount of work carried out by Mr. Wilson on the
subject property during the last four years to which Mr. Wilson advised that, while it is
now a matter of money, there is all new flooring in the building, jack posts were placed
under it which vandals removed, and new floor joists and boards were put in place, and
that the building is closed up.
Mr. Johnson clarified that the building before Council at this time was
fire-damaged some years ago and it has never been completely fixed up, having been
previously before Council approximately four years ago at which time Mr. Wilson made
certain representations and he wrote a letter on September 30, 1988 to Mr. Wilson
asking to be provided with a schedule indicating the various activities to complete the
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project and when he expected to do them, including securing the building and
completing the project as soon as possible. Mr. Johnson advised that the building was
secured and has been kept relatively secured over the time period, although the project
has not been completed and a portion of the building hangs over and, as well, the
building could very easily be fired because it is accessible from the underneath;
therefore, it is for these reasons that he is concerned about this project which does not
seem to finish.
During discussion Mr. Johnson advised that he visited the property
earlier this date and that, as indicated, there was some work done in 1988 as well as
foundation work carried out as described by Mr. Wilson; however, there has been
nothing material done of which he is aware in the last two or three years, and the
building has stayed more or less as indicated in the photograph circulated; and
confirmed that he believes the building to be a potential danger to either the public
and/or a firefighter who might be called in to fight a fire.
Mr. Rodgers, referring to the confusion over the photographs and the
two buildings being considered at this meeting under the 1925 Building Act, expressed
the opinion that no person has been prejudiced by this and that Council should proceed
and deal with this matter and that Council's resolution to accept the Building Inspector's
recommendation would be in order, if it so wishes, and, if adopted and there is a
problem with ownership, he would be advising the Building Inspector to re-advertise the
property for consideration by Council under those conditions; and that Council should
proceed at this point on the basis that everything is in order and hear only Mr. Wilson in
this regard.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting.)
Notice had been given to Stanley Elmer Leonard Wilson to appear at
this meeting of the Common Council to show cause, if any, why the foundation and
partially-constructed building located at 1381 Lorneville Road (NBGIC Number
471045), in the City and County of Saint John, should not be removed or destroyed as
a dangerous or dilapidated building.
Consideration was given to a report from the Building Inspector
regarding the foundation and partially-constructed one-storey wood frame structure at
1381 Lorneville Road (NBGIC Number 471045); stating that the building is deteriorated,
dilapidated and dangerous; and recommending that Common Council pass the
submitted resolution by virtue of the Saint John Building Act of 1925.
Mr. Johnson circulated photographs of the above-mentioned building
and clarified that, as indicated earlier in this meeting, the building in question is the
partially-completed building which has been sitting that way since 1988.
Mr. Stanley Leonard Elmer Wilson appeared before Council and advised
that it was necessary for him to stop work on the subject building in order to work on
the property at 1377 Lorneville Road subsequent to its 1988 hearing under the 1925
Building Act. Mr. Wilson also advised that, when his back has improved, he will
definitely be covering the top in on the building.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that notice having been
given to Stanley Elmer Leonard Wilson, Owner, as appears by the records of the
Registrar of Deeds for the County of Saint John, of the building located at civic number
1381 Lorneville Road (NBGIC Number 471045) 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 1381
Lorneville Road, in the said City to be dilapidated and dangerous:
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AND BE IT FURTHER RESOLVED that the said Stanley Elmer Leonard
Wilson, is hereby required to remove or destroy the said building situate at civic number
1381 Lorneville Road, 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 Stanley
Elmer Leonard Wilson, to remove or destroy the said building situate at 1381 Lorneville
Road 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 Stanley Elmer Leonard Wilson, Owner.
Question being taken, the motion was carried with the Mayor and
Councillors Flewwelling and Gould voting "nay".
(Councillor Fitzpatrick re-entered the meeting.)
Patricia Allaby, President of The Saint John District Labour Council,
addressed areas of possible cost savings to the City through more efficient operations;
and commented on the following issues as detailed in the previously-submitted brief:-
(1) City-owned vehicle use on the basis that City staff has far greater personal use of
City vehicles than is necessary, with the recommendation being that the vehicle policy
be examined to ensure that City staff who need vehicles be provided with them and, for
those who do not need them, the vehicles be sold or used elsewhere; (2) top-heavy
management, suggestions for which the District Labour Council is willing to discuss
more fully in closed session; (3) contracting out, with the recommendation being that
the City examine its habit of awarding services to outside private contractors; (4) money
spent for administrative purposes in the Fire Department, with the recommendation
being that money earmarked to be spent on computers and soft ware, which has given
no direct benefit to the citizens, be spent on something that will provide a direct benefit,
such as real constant manning or equipment for fighting fires; (5) raises for
management staff in that the increases granted were contrary to the spirit of the
Expenditure Management Act 1991; and (6) cross-border shopping on the basis that
the City's efforts to keep shoppers here should continue as tax revenue is generated
and local workers enjoy more job security when area citizens "Shop Saint John",
although the City went to Maine for grader blades and it is the understanding that the
City's supplier for oxygen and acetylene gets his supply from the United States. During
her presentation Ms. Allaby circulated copies of the photographs referred to in the
District Labour Council's brief.
The Mayor thanked Ms. Allaby for her presentation and, having
explained that it was necessary to purchase grader blades in the United States when
the supplier could not produce the City's order and it was a choice of not being able to
snow plow or purchase from Maine, suggested that staff should be given an opportunity
to address each issue in the Council's brief.
On motion of Councillor A. Vincent
Seconded by Councillor Flewwelling
RESOLVED that the presentation on
behalf of The Saint John District Labour Council concerning City expenditures be
referred to the City Manager and, at the earliest convenience, the President of The
Saint John District Labour Council meet with Council in Committee of the Whole to
discuss more fully the suggestions for cost savings related to the top-heavy
management structure.
Question being taken, the motion was carried.
Following a brief recess, the Council meeting resumed.
Dr. R. N. Popat, Chairman of the Working Group on Multiculturalism and
Race Relations, expressed appreciation to the Canadian Association of Broadcasters
for permitting the Group to publicly present a video of its television advertisements
expressing the concerns at the national level with respect to the issue of race relations,
which was presented to Council at this time.
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Dr. Popat, in presenting the Report of the Working Group on
Multiculturalism and Race Relations, acknowledged the presence in the Council
Chamber of Working Group members Carl White, Grace Kern, Howard Cogswell, and
Councillor J. Coughlan; and, having commented on the Group's mandate and the
procedure followed in order to prepare its Report, advised that, through investigation
and discussion with Saint John residents, the Working Group has confirmed that (1)
intolerance and racial discrimination are real and legitimate problems in the City; (2) the
magnitude of the problems is not on a similar scale as in several large cities in the
country; and (3) by developing proactive recommendations and learning positive
attitudes, the problems can be controlled and racial harmony can be enhanced in the
community, and also that the positive aspects of education, learning, communication
and mutual respect form the very basis of the Working Group's recommendations. Dr.
Popat noted that the Working Group's recommendations are under five headings
including (1) civic policy on multiculturalism; (2) education; (3) employment; (4) access
to services; and (5) community relations; and, with regard to a civic policy on
multiculturalism, recommended that (1) the Common Council of the City of Saint John
adopt the following policy statement: "The City of Saint John is committed to a
multicultural, multiracial community. It considers the presence of people from a wide
range of racial, ethnic, cultural and religious backgrounds to be a reflection of the
Canadian ideal and a source of enrichment and strength. It firmly believes that its
diverse publics have a significant role to play in participating in Municipal Government
as well as in the life of the community. The City of Saint John affirms the equality of all
people. The City of Saint John will not tolerate discrimination on the basis of race,
national or ethnic origin, colour or religion. The City of Saint John promotes
understanding, sensitivity and positive attitudes towards people of all ethnic, racial and
cultural origins. The City of Saint John will ensure that these multicultural values are
reflected in all City by-laws, policies and programs, and in the promotion and delivery of
services.".
Under the education aspect, Mr. White recommended that the City of
Saint John (2) with the assistance of local institutions, develop and implement a pilot
training program in cross cultural understanding for civic officials and employees and,
upon review, the program could be made available to other employers as well as the
general public; (3) ask all New Brunswick universities to make cross cultural training an
essential component of all education degree programs; (4) encourage all local
educational institutions to provide in-service training programs in cross cultural
understanding; (5) urge New Brunswick's universities and community colleges to
enhance the multicultural aspects of their curricula; and (6) urge school boards serving
Greater Saint John to make cross cultural education a component of the school
curricula at all grade levels, kindergarten through grade twelve.
Mrs. Kern presented the following recommendations under the
employment aspect:- the City of Saint John (7) develop and adopt a policy statement
indicating that it is an Equal Opportunity Employer and implement a program to
communicate this policy and to promote equal access to employment with the City; and
(8) commend equal opportunity employers and encourage other employers in Saint
John to develop and adopt similar policy statements and programs; and, with to the
issue of access to services, recommended that (9) emergency dispatch services, in
particular Police and Fire, assess the need and develop the capability to respond to
calls in both official languages; and (10) the City of Saint John continue to have a staff
person with French language capability available during normal business hours.
Mr. Cogswell addressed the following recommendations related to
access to services and community relations:- (11) the City of Saint John express its
willingness to participate in the activities of ethnocultural groups in the community at
their request; (12) the City of Saint John take steps to ensure that its boards,
committees and commissions generally reflect the rich ethnic and racial diversity of the
community; (13) the City of Saint John ask the Human Development Council to help
form a race relations committee that is community based, made up of representatives
of ethnic groups, interested persons and the City of Saint John, has a four-part function
(monitoring board, facilitating body, resource group, and advocacy group), and will
provide advice and an annual report to Common Council regarding the status of race
relations in Saint John and actions initiated by the City; (14) the City of Saint John take
the lead in bringing together the New Brunswick Liquor Licensing Board, the New
Brunswick Human Rights Commission, the hospitality industry and concerned persons
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to discuss issues and workable resolutions to discriminatory incidents at licensed
establishments in Saint John; (15) the City of Saint John recommend to the Province of
New Brunswick that amendments be made to the Human Rights Act and/or the Liquor
Licensing Act, as appropriate, to include provisions that licensed establishments which
restrict access or otherwise discriminate on the basis of race, colour, religion, national
origin, ancestry or place of origin are in violation of the Act(s) and subject to a penalty;
(16) provisions be included in the regulations of all licensing bodies operated under the
auspices of the City of Saint John (i.e. taxis) to penalize those found guilty of violating
the New Brunswick Human Rights Act; (17) immigrants settling in the community
receive a letter of welcome from the Mayor of Saint John; (18) the City of Saint John
ask the Race Relations Committee to review services for immigrants and develop, as
necessary, a more coordinated approach among service agencies; (19) the Race
Relations Committee develop an information kit for new residents of Saint John; and
(20) the Race Relations Committee be requested to develop a better understanding of
the ethnic, racial and cultural composition of Saint John.
Dr. Popat congratulated Common Council on being the first Municipal
body in the Province of New Brunswick to undertake a study on multiculturalism and
race relations, having recognized the need to improve race relations locally and having
conducted the investigation to determine how the City of Saint John can best
participate in this community effort to enhance peace in the community. Dr. Popat
made the observation that the Working Group's recommendations address the
concerns specific to the needs of Saint John and its community and, in noting that the
Working Group's mandate is complete, urged Council to not only adopt the Report but
also to give meaning and light to its words by taking concrete actions on the
recommendations to make Saint John a happy and a better place for all.
The Mayor commended the members of the Working Group on
Multiculturalism and Race Relations for their efforts, as well as the members of City
staff for their involvement as resource persons to the Working Group.
During discussion Mr. Groody advised that, in conjunction with the
preparation of the above Report, staff has been drafting a policy proposal related to the
City being an equal opportunity employer to be submitted within a few weeks for
Council's consideration and, as well, has had dialogue to try to promote the notion of
equal opportunity in employment beyond the City of Saint John in that, while staff feels
that the City offers employment fairly to all citizens and that people are successful in
employment based on their own abilities and merits, it is important to also promote that
to the community so that persons recognize and feel very comfortable that they have
equal access to any employment available within this organization.
On motion of Councillor Coughlan
Seconded by Councillor Gould
RESOLVED that the Common Council of
the City of Saint John adopt the following policy statement:- "The City of Saint John is
committed to a multicultural, multiracial community. It considers the presence of people
from a wide range of racial, ethnic, cultural and religious backgrounds to be a reflection
of the Canadian ideal and a source of enrichment and strength. It firmly believes that
its diverse publics have a significant role to play in participating in Municipal
Government as well as in the life of the community. The City of Saint John affirms the
equality of all people. The City of Saint John will not tolerate discrimination on the
basis of race, national or ethnic origin, colour or religion. The City of Saint John
promotes understanding, sensitivity and positive attitudes towards people of all ethnic,
racial and cultural origins. The City of Saint John will ensure that these multicultural
values are reflected in all City by-laws, policies and programs, and in the promotion and
delivery of services. ":
AND FURTHER that the remainder of the recommendations of the
Working Group on Multiculturalism and Race Relations be referred to the City Manager
for a report to Council.
Dr. Popat, in response to queries as to the extent of the prejudice in
Saint John and whether or not it is evident in any particular area, advised that, as some
communities of ethic minorities experience more prejudice and unhappiness as a result
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MARCH 16, 1992
of that than other ethnic communities, there was not an overall perception or real
problem all across all of the minorities, and that the major area noted as the area in
which there was a tremendous amount of discontent as a result of prejudice was in
licensed establishments.
Question being taken, the motion was carried.
Mrs. Bertha Wood-Holt, Chairman of the Arts and Culture Committee of
the South-Central Citizens Council, addressed Council concerning the group's project
of a walk and shop brochure "Art in Public Places", which is now in production at no
cost to the City; and its proposal for the celebration of Saint John's birthday May 18 and
the proclamation of May 18 as Saint John Day, as described in the previously-
submitted brief.
The Mayor thanked Mrs. Wood-Holt for her presentation and suggested
that the City Manager and staff should review the recommendations of her group to
determine how the May 18 events can be combined and also to discuss the proposal
with Dr. Bourne of the May 18 Loyalist Day Observance Committee.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that the presentation by
the Chairman of the Arts and Culture Committee of the South-Central Citizens Council,
concerning its proposal for the celebration of Saint John's birthday May 18 -- be
referred to the City Manager for review and discussion with Dr. Bourne of the May 18
Loyalist Day Observance Committee, as well as with Stephen Fowler of Loyalist Days
Inc.
Question being taken, the motion was carried.
Councillor Knibb suggested that it would be in order at this time for the
presentation of the Financial Statements; whereupon the Mayor suggested that the City
Manager should review the agenda format so that, if there are public hearings
scheduled, only one delegation should be scheduled, as the Council agendas are
currently too lengthy thus making it unfair for the presenters, who might have to wait
longer than scheduled, and to Council, and concurred with Councillor Coughlan's
observation that the committee to review the Council agenda format should be
reconvened.
Read a letter from Councillor Davis, Chairman of the Finance
Committee, referring to the submitted 1991 Financial Statements of The City of Saint
John General Fund, The City of Saint John Water and Sewerage Utility, The City of
Saint John Sinking, Reserve and Trust Funds, the operating highlights as prepared by
the Finance Department, and the Auditor's reports prepared by Coopers & Lybrand;
and proposing that the audited Financial Statements be adopted and filed.
The Mayor apologized to the Coopers & Lybrand representatives for the
delay in their presentation, particularly in view of the importance of the Financial
Statements and, upon Mr. Wilson's indication of his intent to read the highlights of the
Financial Statements, the Mayor asked, in view of the lateness of the hour, if Council
wished to table this matter for two weeks.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be
laid on the table for two weeks.
Question being taken, the tabling motion was carried with the Mayor and
Councillors Davis, Fitzpatrick and Knibb voting "nay".
A motion was proposed by Councillor Davis and seconded by Councillor
A. Vincent that the remainder of the agenda items be tabled whereupon the Mayor
asked that Council deal with as many items as possible at this meeting.
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Read a report from the City Manager referring to the submitted copy of
the January 6 presentation to Council by the Saint John Central Business Development
Corporation requesting that the City change its process for cost sharing the
streetscaping projects under UEDA; advising that, as the Province has decided not to
change the process for grants under UEDA, the Corporation has withdrawn its request,
and that, as the funds now available to the Corporation under UEDA are far greater
than the previous Mainstreet Program, it is necessary to have much closer coordination
between the City and the Corporation concerning specific projects; and further advising
that, while withdrawing its original request, the Corporation did indicate that any further
monies allocated by the City to cost share CBDC projects will result in more activity
uptown and a more aggressive streetscaping program, and it encouraged both staff
and Council to consider maintaining or adding funds to the uptown envelope of the
Capital Budget in the future. The report concludes that Community Planning,
Engineering and Parks have been involved in preparing this report and will continue to
work closely with the CBDC, and that the funding envelope for uptown streetscaping
has been approved in the Capital Budget.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the City Manager's report
regarding the Saint John Central Business Development Corporation's presentation of
January 6 relevant to the cost-sharing process for streetscaping projects -- be received
and filed.
Question being taken, the motion was carried.
The Mayor called for a motion to table the City Manager's report
concerning a process for policy and standard development for gravel pits and quarries.
On motion of Councillor Fitzpatrick
Seconded by Councillor Coughlan
RESOLVED that the above report
from the City Manager be laid on the table.
The Mayor called for the question to table the above matter for two
weeks as she and the City Manager will be absent from the next Council meeting,
whereupon Councillor Fitzpatrick indicated his intent to table the matter for one week.
Question being taken, the tabling motion was carried with Councillor
Fitzpatrick voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the report from the City
Solicitor submitting, in response to a request at the last meeting, a copy of his 1974
opinion to Council on the question of grants in aid to various individuals and
organizations, in that nothing has occurred since that time that would cause him to alter
his opinion and, furthermore, he is aware of nothing that has happened in this area of
municipal government which permits him to give Council additional information; and
noting that, in the 1974 opinion, he points out that there is considerable discretion
available to Council in dealing with this issue, provided Council keeps before it for
consideration the common good of the municipality which the Council represents -- be
received and filed.
Question being taken, the motion was carried.
Read report from the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
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COMMON COUNCIL
MARCH 16, 1992
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on March 9, 1992, when
there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee
submits the following recommendations, namely:-
1. That as recommended by the Nominating Committee, Rino J. Morin,
Grant Godfrey, and John E. Schermerhorn be appointed to the Saint John Harbour
Bridge Authority for a term to expire December 31, 1994.
2. That as recommended by the Nominating Committee, David
MacPherson be re-appointed to the Power Commission for a term to expire February
15, 1995.
3. That as recommended by the City Manager, Mr. Charles Robichaud be
appointed Acting City Manager for the period from March 22 to April 8, 1992.
4. That further to Common Council resolution of March 18, 1991
authorizing the acquisition of property at 49 to 51 Carleton Street from A TV New
Brunswick Division of Chum Ltd. for a price of $44,000, Council adopt the
recommendation of the City Manager that the City complete the acquisition of the
subject property on Carleton Street and the transfer take place on or before April 30,
1992.
5. That as recommended by the City Manager, the acquisition and
installation of street lights for Spruce Lake Industrial Park, totalling $24,610, be charged
to the 1991 Capital Budget.
6. That as recommended by the City Manager, the firm of Fundy
Engineering Ltd. be retained, at a cost of $28,953, to complete the study on the Spruce
Lake/East and West Musquash Watershed; and that the Mayor and Common Clerk be
authorized to execute the necessary documents.
7. That as recommended by The Market Square Corporation, Common
Council resolution of November 4, 1991, concerning the excavation and site work and
services relocation for the Saint John Regional Exhibition Centre, be amended to
approve the total cost of the project in an amount of $1,266,537.
8. That as recommended by The Market Square Corporation, the firm of
Hanscomb Consultants Inc. be engaged, at a total cost of $16,200, to assist in the
preparation of a detailed analysis of the final contract drawings of the Saint John
Regional Exhibition Centre.
9. That as recommended by The Market Square Corporation and further to
Common Council resolution of December 2, 1991, Council approve an additional
$6,474 for the Charlotte Street Tower Renovations at the Saint John City Market,
increasing the total cost of the project to $92,100.
March 16, 1992,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
On motion of Councillor Gould
Seconded by Councillor Flewwelling
RESOLVED that section 1 of the
above report be adopted.
Councillor Coughlan asked if Council could deal with the above
recommendation in two motions in that, while he has no difficulty with Mr. Godfrey as
the new appointee, it is his understanding that the Nominating Committee considers
reports from the various committees on members' attendance and that one of the
recommended re-appointees had been absent from meetings for a great period of time.
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COMMON COUNCIL
MARCH 16, 1992
The Mayor advised that the message received was that the members did an excellent
job and the Authority wished to have them back and that no problems with their
attendance were mentioned.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the above matter be
laid on the table until an attendance report is received.
Question being taken, the tabling motion was lost with the majority of
Council members present voting "nay".
Question being taken, the original motion was carried with Councillors
Coughlan, Fitzpatrick, Landers, Rogers and M. Vincent voting "nay".
On motion of Councillor M. Vincent
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 Gould
RESOLVED that section 3 of the above
report be adopted.
The Mayor noted that she and the City Manager will be in Roseau,
Dominica, under the FCM Exchange Program at no cost to the taxpayers of the City of
Saint John and, as well, they will be in Calgary, Alberta, for a community policing
conference paid by the Solicitor General at no cost to the City of Saint John.
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.
Councillor Flewwelling advised that he could not support the above
motion on the basis that the City should not purchase property for which it has no use
and it is too costly.
Question being taken, the motion was carried with Councillors
Fitzpatrick, Flewwelling, Gould and A. Vincent voting "nay".
On motion of Councillor Knibb
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 Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that section 6 of the
above report be adopted.
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COMMON COUNCIL
MARCH 16, 1992
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor M. Vincent
RESOLVED that section 7 of the
above report be adopted.
Question being taken, the motion was carried with Councillors
Flewwelling and Gould voting "nay".
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that section 8 of the above
report be adopted.
Question being taken, the motion was carried with Councillors
Flewwelling and Gould voting "nay".
On motion of Councillor Fitzpatrick
Seconded by Councillor Flewwelling
RESOLVED that section 9 of the
above report be adopted.
Question being taken, the motion was carried.
Consideration was given to a letter from the Planning Advisory
Committee advising of its adoption of the recommendation in the submitted Planning
staff report with respect to a proposed apartment building at 920 Sand Cove Road on
the basis that Common Council resolution of July 11, 1974 pursuant to Section 39 of
the Community Planning Act requires that Council be consulted prior to any
development of the subject property; also advising that both the applicant and the
objectors indicated that they were unable to reach a compromise, although a number of
alternatives had been discussed; and recommending that Council receive and file this
letter and the submitted report and endorse the Committee's decision.
Consideration was also given to a letter from David E. King detailing
reasons as to why the proposed construction of a 29-unit apartment complex at 920
Sand Cove Road should not proceed, and requesting to be placed on the agenda in
this regard.
The Mayor asked what consideration Council should be involved with on
the above item, to which Mr. Rodgers replied that, as it pertains to variances, Council
has no jurisdiction nor authority to deal with that at all; and that, with respect to the
Section 39 resolution with conditions pertaining to the land going back to 1974, one of
the conditions is with regard to Council being consulted with respect to any
development and, on that basis, he is satisfied that there is enough information before
Council to deal with this matter and, if Council is satisfied with what is before it, a
motion to receive and file is in order and, if Council wants to pursue the matter further,
Council has the right to pursue a discussion with the developers.
On motion of Councillor A. Vincent
Seconded by Councillor Coughlan
RESOLVED that the above letter from
the Planning Advisory Committee be received and filed.
During discussion Mr. Rodgers suggested that, if Council has further
inquiries to make on this matter separate and apart from the variance question, that
should be between Council and the developer and that, following such consultation,
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COMMON COUNCIL
MARCH 16, 1992
there is no jurisdiction nor authority for Council to impose further conditions on the
property unless the Section 39 resolution is amended; and the Mayor suggested that
the letter from Mr. King should be referred to the City Solicitor to determine if there are
matters therein that Council would have the right to discuss.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from David E.
King regarding the proposed construction of an apartment complex at 920 Sand Cove
Road be referred to the City Solicitor for a report to Council.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Flewwelling
RESOLVED that the 1991 Annual
Report of the Saint John Transit Commission be received and filed and the
Commission be thanked for its service to the City.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Saint John Board of Police Commissioners reconfirming the Saint John Police Force's
Vehicle Policy, as submitted, and advising that there has been no changes with respect
to the allocation or use with regard to policy vehicles since initial policy approval by the
Board on February 19, 1991 -- be referred to the City Manager for comparison with
Council's vehicle policy.
(Councillor Davis withdrew from the meeting.)
Question being taken, the motion was carried.
On motion of Councillor Flewwelling
Seconded by Councillor Gould
RESOLVED that the letter from Brunswick
Chrysler Plymouth Ltd. requesting the cancellation of its tender on #92-7005BT (1
window van), and #92-7001 BT (3 sedans) as, in both cases, it used an invalid price and
equipment schedule and, as tendered, these units would not meet specification -- be
received and filed.
It was noted that Council adopted the City Manager's recommendation
earlier in this meeting to allow the above Company to withdraw its tender.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Flewwelling
RESOLVED that the letter from the
Fort LaTour Development Authority asking for an initial grant of $10,000 to enable the
Authority to engage consultants and other appropriate professionals to prepare basic
plans necessary for an application for major funding and development, as well as to
enable the Authority to initiate an appropriate assessment on the economic benefit from
the development of the historic Fort LaTour site off Chesley Drive -- be referred to the
City Manager.
Question being taken, the motion was carried.
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MARCH 16, 1992
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of F.
Byron Thomas for the re-zoning of 772 Millidge Avenue 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 April 27,
1992.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the letter from the
Champlain Heights Home & School Association advising that its main concern is the
safety of children attending the Champlain Heights Elementary School, and expressing
concern for the recent proposed cutbacks affecting the City's Fire Department in that it
would reduce the level of protection being provided -- 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
New Brunswick Anti-Poverty Association advising that it is pleased to see the Council
endeavouring to take steps to deal with the issues of poverty among the City children of
which there are two phases: (1) hunger in the schools and (2) child poverty, and that it
would be pleased to have a representative attend at any meeting Council might
arrange as it has a number of ideas as to the problems and ways of changing some of
the schools; and also advising that another problem it would like to address is the fact
that children are being sent to school without breakfast, not only because of poverty but
from a general neglect of lack of understanding of the need for food -- be referred to
the City Manager to contact the Association to explore more fully the intent of its letter.
Question being taken, the motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Flewwelling
RESOLVED that the letter from the
Saint John Ability Advisory Committee expressing appreciation for Council's recognition
and adoption of its mission statement, terms of reference, and goals and objectives as
presented to Council at the January 20, 1992 session; and requesting the appointment
of a Councillor to this Committee -- be referred to the Nominating Committee.
Question being taken, the motion was carried.
On motion of Councillor Flewwelling
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
83-431
COMMON COUNCIL
MARCH 16, 1992
Common Clerk