1993-02-15_Minutes
83-949
COMMON COUNCIL
FEBRUARY 15, 1993
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifteenth day of February, AD. 1999, at 7:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary,
Rogers, Trites, A Vincent and M. Vincent
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager - Operations; 1. Totten, Commissioner of Management
Services; P. Groody, Commissioner of Human Resources; S.
Armstrong, Director of Engineering; W. D. Todd, Director of
Housing and Property Management; D. Logan, Purchasing Agent;
J. Baird, Manager - Development Division; C. Campbell, Manager
- Policy Division; J. Bezanson, Heritage Planner; G. Tait, Deputy
Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M.
Munford, Common Clerk; and Ms. C. Joyce, Assistant Common
Clerk.
The Mayor offered the opening prayer.
Mr. Eric Teed, representing the Canadian Citizenship Federation,
appeared before Council on the occasion of the anniversary of the institution of the
Canadian Flag on February 15, and, to mark the anniversary, members of the 1 st
Millidgeville Guide Company and Centenary Queen Square Cub Pack paraded the Flag
into the Council Chamber, following which they distributed flags to each Council
member, as well as copies of a ten-question test on the Canadian Flag. Mr. Teed read
the questions on the test; thanked the Mayor and Council for the opportunity of
observing this occasion; and explained that this appearance before Council is in an
attempt to promote the Flag. The Mayor thanked the members of the delegation for their
presentation to Council, and, at her invitation, those present in the Council Chamber
stood for the singing of "0 Canada".
Mr. Bob Ring of the Preservation Review Board addressed Council
concerning the Board's efforts to build a community pride in the City of Saint John
through its coordination of a heritage essay contest for School Districts 1 and 8, which
was sponsored by The Evening Times-Globe newspaper, represented at this meeting by
Mr. Gerry Childs; and following the Mayor's proclamation of February 15, 1993 as
Heritage Day in the City of Saint John, Mr. Ring announced the winners of the Heritage
Contest 1993 to whom she and Mr. Childs presented citations and monetary awards,
respectively, as follows:- KinderQarten CateQorv (AQe 5), Sarah Boudreau and Justine
Galbraith who drew their favorite building; Primary Classes Grades 1 & 2 CateQorv,
Sarah Jone, Vannessa Galbraith and David Richards, who drew and explained their
favourite place; Grades 3 to 5 CateQorv, Arthur Galbraith, Gregory Crossley and Dane
Hanson, for their description of a place in Saint John which has had a name change,
with an explanation of why it changed, what it is now and what they like about it, or for
their description of a favourite old building in Saint John; Junior HiQh CateQorv, Sarah
Cormier, Angela Daigle and Amber Sheikh, for the explanation of why Saint John should
keep its historic buildings; and Meranda Little, Brock Alexander, Gillian Galbraith and
Christina Lee Marshall, for their description of an area in Saint John with historic
significance.
In announcing the winners of the Awards In Recognition For Excellence in
Heritage Preservation, Mr. Bezanson presented slides depicting reconstruction and an
ongoing maintenance program adopted by James and Pam Innes for their building at 71
Orange Street, the award winners in the Residential Rehabilitation CateQorv;
rehabilitation work completed on the storefront of the Princess Street Laundry at 104-
106 Princess Street, owned by Mr. David Murray, the winner in the Commercial
Storefront Rehabilitation CateQorv; Dr. William Patterson, the winner of the CateQorv
of HeritaQe Advocate, in recognition of his leadership role as Chairman of the Working
Group for the Douglas Avenue Preservation Area Study; and Mr. Gary Hughes of The
New Brunswick, the winner of the Scholarship/Publication CateQorv, for scholarly
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COMMON COUNCIL
FEBRUARY 15, 1993
publication as a result of research, scholarship and dedication to the exhibition and
catalogue of Music Of The Eye, which features Saint John architecture from 1822 to
1914 and has travelled across the country promoting architecture.
Mr. Don Gillis, Chairman of the Preservation Review Board, and the
Mayor presented the Awards to the above-mentioned recipients, following which Mr.
Gillis announced the Preservation Review Board's initiation of steps to establish the Jack
Comeau Memorial Scholarship, in memory of the late John A. (Jack) Comeau, a
registered architect in the City of Saint John, in recognition of his generous contribution
of time and efforts to the Preservation Review Board and his contribution to the
architectural environment in Saint John; and advised that the Scholarship will be
available to New Brunswick students, with preference given to those from Saint John,
Charlotte and Kings Counties, who are pursuing a professional degree in architecture at
a recognized Canadian school, with award of the first scholarship anticipated in
September 1993, with requests for further information to be addressed to the
Preservation Review Board or Comeau MacKenzie Architecture Partnership.
Councillor Rogers, a member of the Preservation Review Board, noted
accomplishments of the late Jack Comeau in the area of refurbishing and rebuilding
historical buildings in many areas of the City, among which was the design of the
traditional-type bus shelter as located at the foot of King Street and on Charlotte Street
which, she advised drew its inspiration from the turn-of-the-century streetcar; and
announced the City's intent, in memory of the late Mr. Comeau, to name the bus shelter
in his memory in recognition of his contribution to the architecture and redevelopment of
heritage buildings in Saint John. Councillor Rogers concluded that the City will conduct
a ceremony in May, with the Mayor officiating, at which time a plaque will be placed in
tribute to the late Jack Comeau.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on February 8, 1993, be approved.
Question being taken, the motion was carried.
The Mayor proclaimed February 21 to 27 to be Guide and Scout Week in
the City of Saint John; and advised that, at the Tourism Industry Association of Canada
Convention to be held in Saint John on February 21 to 23, Mayor General Lewis
MacKenzie, who headed the U.S. Forces in Bosnia and has spoken so forthrightly and
movingly on what it means to be a Canadian, will be awarded the Canadian of the Year
Award.
The Mayor extended condolences to the family of the late Mr. Frederick
E. Radcliffe, who passed away on February 11; and noted a forthcoming Shrove
Tuesday pancake breakfast on February 23 being sponsored by the Mission Church of
the City of Saint John, the Church of St. John the Baptist and St. Clement. Councillor
Trites congratulated curling rinks of the Thistle-St. Andrews' Curling Club, skipped by
Ellen Brennen, Dave Buckle and Jason Rice, on winning Provincial titles over the past
weekend; and Councillor A. Vincent commended the Mayor, Deputy Mayor and senior
staff members who participated in the Heart and Stroke Foundation Celebrity Luncheon
on February 12. Councillor Rogers extended a message of sympathy to the family of the
late Percy Hamilton, who passed away on February 12.
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-Law amendment to (i) renumber Section
620(2)(e) to 620(2)(e)(i); (ii) add a new Section 620(2)(e)(ii) as follows: "(ii)
notwithstanding (i) above an amusement place may be located at 660 Brown St. NBGIC
Number 298745"; (iii) amend the Section 39 conditions imposed by Common Council on
October 7, 1985, when 660 Brown Street was re-zoned, and as subsequently amended,
by adding a combination of auditorium, dance hall and amusement place to the list of
uses permitted at 660 Brown Street, or (iv) rescind all Section 39 conditions imposed by
Common Council on October 7, 1985, when 660 Brown Street was re-zoned, and as
subsequently amended; to permit 1800 square feet of interior floor space to be used for
combination of pool parlour, video games, bingo, dances, etc., as requested by Diesel
Power Services Ltd., and that written objections were received from Mr. Terrence J.
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FEBRUARY 15, 1993
Kilfoil, Principal of Glen Falls School, and Ardith Thompson, Secretary pro tem of the
Board of School Trustees, School District No.8.
Consideration was also given to a report from the Planning Advisory
Committee advising that it considered both applications of Diesel Power Services Ltd.,
referred to the Committee by Council on January 4 and January 11, the former being for
an amendment to the Section 39 conditions to either permit bingo, dances, etc. or
restore all uses which are permitted in an "1-1" zone, the latter being for an amendment
to the Zoning By-Law because of its close proximity to Glen Falls School to permit an
amusement place at this location and an amendment to the Section 39 conditions to
permit a combination of auditorium, dance hall and amusement place or a rescinding of
all Section 39 conditions; and submitting a copy of the Planning staff's report and three
letters of opposition considered at the Committee's February 9 meeting at which Mr.
Gary Greenlaw was present representing the applicant and no one appeared in
opposition to the application. The report advises that, while Mr. Greenlaw intends only
to operate a billiard hall, the application submitted by Mr. Foriere of Diesel Power
Services Ltd. involved a wider range of uses; and that, after discussion, the Committee
adopted the staff recommendation; and recommends that (1) the application to amend
Section 620(2)(e) of the Zoning By-Law to permit an amusement place at 660 Brown
Street be denied; (2) the application to amend the Section 39 conditions to permit an
auditorium at 660 Brown Street be approved; (3) the application to amend the Section 39
conditions to permit a dance hall and amusement place at 660 Brown Street be denied;
and (4) the application to rescind all Section 39 conditions with respect to 660 Brown
Street be denied.
Mr. Gary Greenlaw appeared on behalf of the applicant in favour of the
proposed amendment; and explained that, upon applying for the amendment for an
amusement place, it was not the applicant's intention to have video games, but rather to
have it for a pool parlour and possibly dances later on if the pool parlour did not work
out. Mr. Greenlaw advised that, while the Provincial law indicates that no persons under
thirteen years of age are allowed to play pool and persons fourteen years of age are not
allowed in during school hours, the applicant has an age restriction of sixteen years so
that it will not interfere with the School to have a pool parlour, nor will there be video or
pinball games which seemed to be of concern to the School.
Mr. Dante Foriere of Diesel Power Services Ltd., addressing Council in
support of his application, explained his difficulty in renting the property during his eight-
year ownership because of its restricted use, as well as his attempt to use the property
for a bottle exchange and a restaurant; and expressed the opinion that the Glen Falls
School on Princess Court should have nothing to do with his property in view of its
distance from it, or are there any homes nearby.
During discussion Mr. Foriere clarified that it would be his intention to put
five pool tables and a small canteen in the building; and Mr. Baird explained that it is
possible to have a pool room as a distinct use and not have ancillary games and,
therefore, just be considered a billiard hall; however, when Mr. Foriere initially made his
application, he was looking for more flexibility and used the terminology of amusement
place which provided him with a pool room as well as the possibility of other types of
games; and also that, if Council adopts the Planning Advisory Committee's
recommendations, the applicant would be allowed to have an auditorium so that he
could have bingo and dances, but the amusement place-type activities, such as video
gamed combined together with a pool hall, would not be approved, and what the
applicant is asking is to have the pool hall in itself and not have the video games or the
auditorium for that matter. Mr. Baird also explained that, if Council so wished to proceed
with a limited number of uses more limited than what the applicant has applied for, it
could refer the matter back to staff as, at the time of the writing of the above report, staff
was still of the understanding that the applicant wanted the full range of uses that would
be permitted under the amusement place designation; and confirmed that
recommendation (2) above is intended to give the applicant the opportunity to have
bingo or dances and nothing else but that; and Mr. Greenlaw clarified that the applicant
wants a pool hall, and an auditorium which would allow dances and bingo as an
alternative if the pool hall does not work out. Councillor Knibb proposed Council could
adopt the Planning Advisory Committee's recommendations with an amendment to
recommendation (2) to allow a pool hall facility, excluding video machines, and the
Mayor suggested that the pool hall would be restricted to persons age sixteen and over.
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COMMON COUNCIL
FEBRUARY 15, 1993
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
Planning Advisory Committee, the application of Diesel Power Services Ltd. (1) to
amend Section 629(2)(e) of the Zoning By-Law to permit an amusement place at 660
Brown Street be denied; (2) to amend the Section 39 conditions to permit a dance hall
and amusement place at 660 Brown Street be denied; and (3) to rescind all Section 39
conditions with respect to 660 Brown Street be denied:
AND FURTHER that the application of Diesel Power Services Ltd. to
amend the Section 39 conditions to permit an auditorium at 660 Brown Street be
approved, and also that a pool hall facility, excluding video games, be approved.
Councillor Trites asked if staff should be afforded one to determine if what
Council is proposing in the above recommendation would meet with the approval of the
Glen Falls School and School District No.8 in that, in his opinion, they should have
some input in this decision.
On motion of Councillor Trites
Seconded by Councillor Coughlan
RESOLVED that the above matter be
laid on the table for one week for further input from staff who will contact the Principal of
Glen Falls School, as well as School District No.8.
Question being taken, the tabling motion was carried.
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at
96 Richard Street (NBGIC Number 344663), from Low Density Residential to District
Centre Commercial classification, to permit retail sale of tropical fish and related supplies
in the basement of the existing building, as requested by Mrs. Dianne Rutherford.
Consideration was given to a letter from Mr. John Shackleton, General
Manager of The Market Square Corporation, requesting an opportunity to meet with
Common Council in open session on February 15, 1993, to update Council on the status
of the City Market Link Project, the Imperial Theatre Project, and the Saint John
Regional Exhibition Centre Project.
Messrs. Henry Meinhardt, Chairman; John Shackleton, General Manager;
Steve Appleby, Assistant General Manager, and Jack McQuinn of The Market Square
Corporation; Neil Campbell, General Manager of the Saint John Regional Exhibition
Centre; and Jamie Grant, General Manager of The Imperial Performing Arts Centre,
were present in the Council Chamber; and Mr. Meinhardt commenced his presentation
with a status report on the City Market Link Project being undertaken by Beattie
Construction Services Ltd. and includes a tunnel to Brunswick Square, utility and street
work on Germain, North Market and South Market Streets, the construction of an
extension to the Market building adjacent to Germain Street to house the elevator,
escalators and stairway to the tunnel, landscaping of the Germain Street plaza, and the
sprinkler systems and side extensions to the Market building. Mr. Meinhardt circulated
photographs depicting the current status of the building construction on Germain Street;
and advised that work on the Project is proceeding quite well, with the tunnel expected
to be ready to open on schedule around the end of April 1993, and that the contractor is
currently installing the metal siding and glass panels on the Germain Street pavilion,
and that, in the tunnel, the sprinkler system is complete, most of the heating, electrical
and lighting systems have been installed, and the escalator and elevator work is
expected to commence the end of February with completion the end of April. Mr.
Meinhardt also advised that the final coat of asphalt will be applied to Germain Street as
soon as the weather permits, and the completion of the sprinkler work in the main
building will mark the completion of the upgrading of the Market to current code
requirements.
During discussion a recent change in the vehicular traffic direction on
North Market Street was noted and Councillor A. Vincent expressed concern about
possible liability to the City should an accident occur, in that Council did not approve the
change in traffic direction, with Mr. Rodgers response being that, while certainly no
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FEBRUARY 15, 1993
liability would be admitted, as he understands it the Street or that portion is part of the
Market property and private, as oppose to public.
Mr. Meinhardt, having circulated photographs of the Saint John Regional
Exhibition Centre Project, noted that work on this Project is being undertaken by
Meridian Construction, which was awarded the contract in May 1992 to complete the
building and that the precast concrete framework of the building has been erected and
the contractor is currently installing the structural steel roof trusses; and advised that
work is also progressing on the floor slabs at the arena level and that, based on a review
with the contractor of the progress of the work and the schedule to complete, the
following are key dates: the foundation wall will be complete this month, precast
concrete frame will be complete in mid-March, architectural concrete is scheduled to
start next week and completed in late March, architectural concrete is scheduled to start
next week and completed in late March, structural steel roof trusses are about 60 per
cent complete and will be 100 per cent complete the first week of March, the steel roof
decking started this week is expected to be complete by mid-March to allow installation
of the roofing membrane which will be complete by the end of April, exterior brick work
starts the middle of March and ends in mid-May, interior floor slabs are underway with
completion expected the end of April, the ice surface slab is scheduled between the first
week of May and mid-June, refrigeration systems will be installed starting in mid-May for
completion in mid-July, seating and rink boards will start in mid-July and will be installed
by mid-August, mechanical and electrical work currently underway will be complete in
mid-September, and the contractor has stated that, while the schedule will be tight, he
still feels that the September 15 completion date can be met.
Mr. Neil Campbell commented on the progress being made on
operational matters with respect to the Saint John Regional Exhibition Centre, with an
announcement on an AHL Franchise anticipated very soon, one with which Council will
be pleased in that the Commission is dealing with a group of local investors who are first
class, as are the AHL affiliations being considered; and advised that, while talks continue
regarding the American Hockey League franchise, many other events are looking at the
facility and the Commission is working diligently to accommodate them, such as
professional wrestling, monster truck events, concerts including rock, country and
contemporary performers, consumer and trade shows, along with craft shows, circuses,
ice shows and live stage performances of a children's theatre. Mr. Campbell also
advised that the motto will be "More Than Just Sports"; and that, once the AHL
Franchise is announced, seating sales will commence for the upscale golden horseshoe
and the club seats, which will complement the season ticket sales; and further advised
that it is anticipated that an announcement will be coming soon with respect to the new
home of the Saint John Sports Hall of Fame in the new facility. Mr. Campbell
commented on the advertising signage program for which sales will begin in March, the
development of a staff training program along the lines of the successful Walt Disney
approach, and plans for the opening activities for the anticipated September 15 opening.
Mr. Campbell also commented on an anticipated computerized ticketing system in
conjunction with the Imperial Theatre, in an attempt to do everything possible to make
the patron the most important person in the building.
Mr. Campbell, in response to Council queries, advised that the
Commission has set a target for the end of March at which time it is hoped to have a
recommendation on a name for the facility; and that, with regard to the suggestion by
Councillor Trites that arrangements should be made with the Market Square and
Brunswick Square parking garages to provide pre-paid parking on the occasions of the
events at the facility so as to better accommodate patrons of the facility and the Parking
Garages in expeditiously leaving the area, Mr. Campbell advised that preliminary
discussion has been held with respect to an overall traffic and parking plan and it is the
intent to work with the two main parking lots, as well as the Parking Commission, the
City Police and the Traffic Department to devise an overall traffic plan so that people can
be accommodated in easily getting to and leaving the facility without much congestion
and problems. Mr. Meinhardt, replying to the Mayor's question about the estimated cost
of installing seating the remainder of the way around the facility, advised that the cost
would be in the area of half a million dollars and that the facility is designed so that
seating could be added at a later date, and also that the facility will be able to
accommodate 6,000 persons and, with seating on the floor area, 10,000 persons. The
Mayor expressed appreciation to the abutting municipalities who have committed their
support to the financial aspect of the facility's operating costs, as well as for the efforts of
Mr. Campbell and Mr. William Gale in soliciting their support.
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Mr. Meinhardt advised that work on the Imperial Theatre Project is
expected to be complete in late spring or early summer of 1994 and that the current
reconstruction of the Theatre building and the construction of the new stage house,
being undertaken by Meridian Construction and depicted in the photographs circulated
to Council members at this time, is expected to be complete in December 1993, and at
this time the stage level slab has been poured and structural steel erection for the stage
house has begun. Mr. Meinhardt noted the following milestones in the Project: structural
steel is complete for the balcony and the stage house steel will be complete by mid-
March; steel roof decking is to start mid-March with completion by the end of March
which will allow the roof membrane to be installed by April; exterior cladding for the
stage house begins at the end of February, with completion at the end of April; interior
work, including drywall, plaster, concrete floor slabs and finishes, is expected to take
place between mid-April and mid-November; exterior masonry starts mid-June and will
be complete by the end of August; mechanical and electrical work has started and will
be completed by mid-December; tenders have been awarded for the supply of the
theatre seating to Country Roads Ltd., and tenders have also been received for
theatrical rigging and lighting, with a contract for this portion of the work let last week to
C.G. Stage Equipment Ltd.; and the finishing touches are being put on the design of the
sound reinforcement system for the building in anticipation of going to tender on this
phase in March.
Mr. Jamie Grant, in noting that Council members are invited to tour the
Theatre site on February 26, addressed Council from his perspective as General
Manager of The Imperial Performing Arts Centre, with his primary reason for being
excited about getting involved in this Project being, in fact, the theatre which, in his
opinion, will be a spectacular theatre; and, with respect to the history of the building,
made the observation that the Imperial is one of the oldest editions of this type of theatre
still existing in Canada today. Mr. Grant noted the intent for the Imperial to be a
community theatre, one in which the patron will be comfortable in dress or casual attire;
and advised that, with the construction going quite well, energies have been focused on
setting up the administrative functions for the office and staffing, s well as beginning
work on the opening festivities, putting a team together to generate funds for the
Foundation Endowment Fund, meeting with a variety of user groups on the matter of
rental rates and policies, compiling a survey with the New Brunswick Community College
to survey the residents of the Greater Saint John area for opinions on the type of live
entertainment they would like to see at the venue, public relations efforts both locally
through a newsletter and nationally within a few short weeks to encourage rentals and
tours to come through the Saint John area, and working with the Regional Exhibition
Centre with respect to the box office and shared relationships in terms of some of the
technical staff, employee benefits and some forms of shared promotion.
During discussion Mr. Grant advised that the Theatre will seat 872 and,
with the 32 in the orchestra pit, over 900 persons and that, as programming will be done
on the basis of attempting to recoup the cost through box office or corporate support, the
Foundation fund-raising really does have a correlation with ticket prices; and also
advised that there are approximately 500 seats available for sale in the Theatre, with
approximately 380 seats having been sold, and that the Foundation group will be re-
initiating that campaign which was commenced by the Bi-Capitol group. The Mayor
thanked the members of the above delegation for updating Council on the various
projects.
On motion of Councillor Chase
Seconded by Councillor McAlary
RESOLVED that the letter from Mayor
Wayne submitting a letter from Mr. David Russell, Principal of New Brunswick
Community College - Saint John, commending Council not only for recognizing the
needs with regard to race relations in Saint John but for establishing the Working Group
on Multiculturalism and Race Relations to address them; and responding, in particular,
to recommendations #4 and #5 of the Working Group's report as they relate to NBCC
Saint John -- be received and filed and a copy be forwarded to the members of the
Working Group on Multiculturalism and Race Relations.
Question being taken, the motion was carried.
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FEBRUARY 15, 1993
On motion of Councillor Trites
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, authority be granted for payment of the following construction progress
certificates, namely:-
1.
Contract 92-6, Orange Street
Reconstruction - Phase II
Standard Paving Maritime Limited
Original estimated value of work
Total work done, Estimate Number 4
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment. Progress
Estimate Number 4, dated February 9, 1993
Partial release of holdback
$197,000.00
157,785.49
1,000.00
133,117.67
23,667.82
1,548.36
$ 23,667.82
2.
Contract 92-7, Duke Street
Water and Sewer Renewal
QM Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 4
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 4, dated February 4, 1993
Final holdback release.
$208,531.00
207,483.18
Nil
158,838.58
48,644.60
3,182.36
$ 48,644.60
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in
the amount of $20,000 be accepted from Galbraith Construction Ltd. as security to
ensure the rehabilitation of the gravel pit at 2614 Golden Grove Road.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $53,000 be accepted from Galbraith Equipment Company Ltd. as security to
ensure the rehabilitation of the gravel pit at 395 Manchester Avenue (NBGIC Number
408294) .
Question being taken, the motion was carried.
Read a letter from the City Manager advising that, as indicated in the
submitted correspondence from the Legal Department, Mr. W. S. Reid Chedore, solicitor
for the owner of 2 and 6-8 Germain Street, has requested a grant of easement to permit
the encroachment of the dwellings upon Germain Street; and recommending adoption of
the submitted resolution in this regard.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute
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COMMON COUNCIL
FEBRUARY 15, 1993
grants of easement in favour of Lawton Estates Ltd., the present owner of 2 and 6-8
Germain Street, to permit the encroachment of its buildings upon Germain Street, each
such easement to terminate with the destruction or removal of such encroachment.
Question being taken, the motion was carried.
Consideration was given to a report from the City Manager advising that
the property at 945 Old Black River Road contains a single-family dwelling and mobile
home, the placement of the latter having been approved by Council on October 29, 1990
for a period of one year; explaining why, for compassionate reasons related to the health
of the mother, staff can support this short-term temporary location of a mobile home on
this site; and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the mobile home at 945 Old Black River Road be permitted to remain
for an additional year.
Question being taken, the motion was carried.
Consideration was given to a report from the City Manager advising that
the Building and Technical Services Department issued a letter on October 8, 1992, to
the owner of 890 Lorneville Road indicating that the building permit for the temporary
use of the mobile home had expired and, if the applicant wished to have the mobile
home remain on the site for an additional year, a new building permit is required, and
that an application was received on November 9 for a permit to extend the temporary
use; explaining why staff, for compassionate reasons, can support the short-term
temporary location of the mobile home on this site; and recommending that the mobile
home, located at 890 Lorneville Road, be permitted to remain for an additional year.
Consideration was also given to a letter from Mr. Douglas Robinson
advising he owns a home at 860 Lorneville Road; and also advising why he objects to a
proposed application for an extension of a one-year permit filed by Mr. Kevin Campbell
so as to allow this trailer to remain on the adjacent lot.
On motion of Councillor McAlary
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the mobile home, located at 890 Lorneville Road, be permitted to remain
for an additional year.
Councillor Landers questioned the compassionate grounds on which to
permit the location of the mobile home at the above location for an additional year in that
usually there is illness or sickness involved, and the mobile home in question was
permitted on a temporary basis in 1989 for the reason that the persons concerned were
to build a home on the property. Councillor Rogers commented on the above request on
the basis of Councillor Landers' concern, as well as on the indication in Mr. Robinson's
letter that he is very familiar with the Zoning By-Law of the City of Saint John and felt
very comfortable that, because of the zoning and by-laws, his investment in his property
which he made six years ago would be well protected for years to come, in that she has
been trying to address the point for a number of years of a temporary permit for one year
extending into a number of years upon Council's further approval of one-year permits.
Councillor Coughlan advised that he could not support the above motion under the
circumstances, unless there is some extremely extenuating circumstance which is not
related in the above report from the City Manager; and Deputy Mayor McAlary spoke in
support of the motion based upon her visit to the subject area which indicated that the
mobile home is in very good condition and is shielded by many trees in the front and the
property is quite separate from other properties in that area and, therefore, the mobile
home should not affect anybody else for another year. Councillor Trites suggested that,
as the above report indicates that the applicant applied for the permit on November 9
and Council's approval at this time for an additional year to November 9, 1993, in effect,
means a 15-month approval, the motion should be amended to allow an additional 6
months or to the application date so as to not to require the owners to move from their
property at this time of year.
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COMMON COUNCIL
FEBRUARY 15, 1993
Moved in amendment by Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that the above motion be
amended to provide the temporary placement until November 9, 1993.
Question being taken, the amendment to the motion was lost with
Councillors Gould, Knibb, Landers, McAlary, Rogers and M. Vincent voting "nay".
During discussion Mr. Brown suggested that the matter of mobile homes
locations in the City of Saint John could be subject to a teach-in of Council, at which time
he could resubmit his previous report to Council of approximately two years ago which
examined the whole question of spot re-zoning and mobile homes; and Councillor M.
Vincent asked that a report be submitted to Council on the question limiting how long
compassionate grounds could exist in that it might be appropriate to have a policy in this
regard.
Question being taken, the original motion was carried with Councillors
Coughlan, Landers and Rogers voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from Mr.
Douglas W. Robinson of 860 Lorneville Road in objection to a proposed application for
an extension of a one-year permit filed by Mr. Kevin Campbell so as to allow his trailer to
remain on the adjacent lot -- be received and filed.
Question being taken, the motion was carried.
Read a report from the City Manager advising the details of the tender
review undertaken again by staff of the Purchasing and Property Management
Departments following Council's tabling on February 8 of the tender of furnishings, North
Police Headquarters, for additional information on the tender and the recommendation
for award; and also advising that of primary concern to staff with regard to this tender is
the coordination of the decor, the key element of concern being the matching of tables to
desks and credenzas and the matching of the printer stands to the computer
workstations, and that, as a result of the second review of the tenders, both of these
concerns have been resolved in that, as Albert's Draperies has not met the tender
requirements for the tables, items 13, 15 and 16, Chandler Sales is the only bidder to
meet the specifications, and, as Chandler Sales is not the low bidder for the printer
stands, these can now be awarded to Albert's Draperies, and the bookcases which are
of the same specifications as the computer furniture can also be matched and awarded
to Albert's Draperies and, although this furniture will not match the other exactly, it is
close enough to be acceptable. The report further advises that the file cabinets would
have been the only item previously considered by staff for award to Albert's Draperies;
however, it was deemed by staff not to be in the City's best interest to split the award
between two companies and award Albert's Draperies only the file cabinets; however,
now that it has been determined that Albert's Draperies can supply the bookcases,
printer stands and computer desks, it is to the City's advantage to also recommend
awarding the file cabinets to Albert's Draperies as well; and recommends that the report
with regard to this matter, which was tabled by Council on February 8, be lifted from the
table and that Council award the tender for the supply of furnishings for the North Police
Headquarters to the low bidder to meet specifications in each case, as indicated in the
submitted bid summary.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that the report from the City
Manager regarding the tender for the supply of furnishings for the new North Police
Headquarters, which was tabled on February 8, be taken from the table:
RESOLVED that as recommended by the City Manager, Council award
the tender for the supply of furnishings for the North Police Headquarters to the low
bidder to meet specifications in each case, as indicated in the submitted bid summary.
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COMMON COUNCIL
FEBRUARY 15, 1993
Councillor Chase suggested that a teach-in of Council would be in order
with Purchasing and staff who prepare specifications on the manner in which
specifications are prepared.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, "By-
Law Number C-115-3 A By-Law To Amend A By-Law Relating To The Market In The
City Of Saint John", with respect to contributions to the promotion fund, be read a third
time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C-115-3 A By-Law To Amend A By-
Law Relating To The Market In The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
Read a letter from the Common Clerk submitting a resolution adopted in
Legal Session on February 8, 1993.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that Common Council
hereby ratifies the filing with the Industrial Relations Board on Wednesday, February 3,
1993, of the City's Reply to the s. 35(4) Application of C.U.P.E. Local 61 , and further that
Common Council hereby authorizes the City Solicitor of his designate to participate in
any and all proceedings respecting the said Application.
Question being taken, the motion was carried.
Read the 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 9, 1993,
when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb,
Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the
following recommendations, namely:-
1. That as recommended by the Nominating Committee, Malcolm M.
Somerville be appointed to the Board of Commissioners of the Saint John Free Public
Library for a term to expire December 31, 1995.
2. That as recommended by the Nominating Committee, Donald Royal,
Edward Bates and Pauline Cosgrove be re-appointed to the Power Commission for a
term of three years effective February 15, 1993.
3. That as recommended by the City Manager, Common Council adopt
Human Resources Policy #806 "Principles for Salary Administration".
February 15, 1993,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that section 1 of the above
report be adopted.
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COMMON COUNCIL
FEBRUARY 15, 1993
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor McAlary
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the Planning Advisory Committee, the Section 101 agreement with Don and Elise
Chamberlain for the property at 56 Charles Street East, required as a condition of
variances granted on November 15, 1989, be replaced by a new agreement requiring
that the subject property not be subdivided until both dwellings are serviced with both
City water and sewer, and a separate water lateral installed for each dwelling.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the City of Saint John,
Saint John Harbour Bridge Authority and Saint John Port Corporation Subdivision Plan
(photo-reduction submitted), with respect to vesting of municipal services easements at
160 Chesley Drive.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the letters from the
Canadian Union of Postal Workers (a) calling on politicians at all levels of government to
voice their objections to the dismantling of the national postal system through messages
of support and lor participation in the CUPW demonstration at Canada Post's Corporate
Headquarters in Halifax on February 5; and (b) inviting the Mayor and Councillors to
attend a demonstration on February 12 at Saint John's Main Post Office to mourn the
loss of service and jobs -- be received and filed.
The Mayor advised that, further to Council's receipt on February 1 of
correspondence from the above Union, a letter was forwarded to Mr. Donald Landry,
Chairman and Chief Executive Officer of Canada Post Corporation, asking him from the
long-term intentions for the Prince William Street Post Office, which is currently
undergoing an $8 million renovation, and an under-utilized Rothesay Avenue Post
Office, which was newly constructed in 1977.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Landers
RESOLVED that the letter from Ann
Marie McLaughlin, a member of the Staff of Out Patient Emergency Medicine at St.
Joseph's Hospital, submitting an open letter to the citizens of Saint John, which is being
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COMMON COUNCIL
FEBRUARY 15, 1993
sent to various government, allied health care services and special interest groups,
expressing the views of the members of the nursing staff at the Emergency Department
of St. Joseph's Hospital regarding their continuing role in active and acute health care
and how they feel it relates to the Government's recent health care plan -- be received
and filed and a copy be forwarded to the Friends of St. Joseph's Hospital.
Question being taken, the motion was carried.
On motion of Councillor Landers
Seconded by Councillor Rogers
RESOLVED that the letter from Harmony
Inc., International Organization of Women Barbershop Singers, requesting a grant in the
amount of the rental fee of Lily Lake Pavilion, to assist the Sea Belles' participation in the
Regional Competition to be held in St. John's, Newfoundland, in June 1993; and
advising that it will repay part or all of the rental fee should its fund raising events
collectively raise more than the $6,000 still needed -- be received and filed and a grant
of $600 be approved.
The motion initially proposed by Councillor Trites was to refer the above
request to the City Manager whereupon Mr. Brown advised that Council approved a
grant of $600 last year.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the application of Mr.
David H. Mills for the re-zoning of property at 77 / 79 Sewell Street 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 March 29,
1993.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Chase
RESOLVED that the letter from Belfast
Children's Vacation - Saint John Inc. requesting a donation to assist this charitable
organization in expenses related to its project to provide inner city children from Belfast,
Northern Ireland, with a vacation in Canada in accordance with the group's three main
goals -- be received and filed and a grant of $1,000 be approved.
Question being taken, the motion was carried
On motion of Councillor Chase
Seconded by Councillor Knibb
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk