1993-04-13_Minutes
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COMMON COUNCIL
APRIL 13,1993
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the thirteenth day of April, AD. 1993, at 7:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Coughlan, Knibb, Landers, McAlary, Rogers, Trites
and A Vincent
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; J. C. MacKinnon,
Commissioner of Environment and Infrastructure Services; P.
Groody, Commissioner of Human Resources; S. Bedford,
Commissioner of Development Services; S. Armstrong, Director of
Engineering; S. Galbraith, Director of Supply & Services; J.
Johnson, Building Inspector; D. Logan, Purchasing Agent; J.
Baird, Manager, Development Division; R. Pollock, Planner; D.
Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M.
Munford, Common Clerk; and Ms. C. Joyce, Assistant Common
Clerk.
Reverend R. Douglas Moore, Pastor of Kings Way Assembly and
president of the Saint John and District Ministerial Association, offered the opening
prayer.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that minutes of the
meeting of Common Council, held on April 5, 1993, be approved.
Question being taken, the motion was carried.
The Mayor commented on her trip to Romania; and proclaimed April 19 to
23 to be Professional Secretaries Week and April 21 to be Professional Secretaries Day,
April 12 to 17 to be Medical Laboratory Week, and April 18 to 24 to be Volunteer
Recognition Week, in the City of Saint John. Councillor Coughlan noted, with sympathy,
the death on March 30 of Mr. John Kern, a member of the Rockwood Park Advisory
Board; and Councillor Landers extended condolences to the family of the late Mr. Guy
Mott, who passed away on April 10.
The Common Clerk advised that the necessary advertising was
completed with regard to adopting an Urban Renewal By-Law in connection with the
acquisition of two parcels of land with an area of approximately 6,400 square feet and
having NBGIC Numbers 31591 and 31161, and that no written objections were received
in this regard. No person was present to speak in opposition to or in favour of the
proposed By-Law.
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning Department's report considered at the
Committee's April 6 meeting at which no presentations or letters were received; and
recommending that an Urban Renewal By-Law be adopted with respect to two parcels of
land with an area of approximately 6,400 square feet having NBGIC Numbers 31591
and 31161 located on Monroe's Alley.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that a by-law respecting Urban
Renewal in the City of Saint John, with regard to two parcels of land located on Monroe's
Alley, be read a first time.
Question being taken, the motion was carried.
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Read a first time a by-law respecting Urban Renewal in the City of Saint
John.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that a by-law respecting
Urban Renewal in the City of Saint John, with regard to two parcels of land located on
Monroe's Alley, be read a second time.
Question being taken, the motion was carried.
Read a second time a by-law respecting Urban Renewal in the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
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, an approximately one-half acre parcel of land
located at 2086 Ocean Westway (NBGIC Number 287458), from Highway Commercial
to Light Industrial classification; and (b) the proposed re-zoning of the same property
from "B-2" General Business to "1-1" Light Industrial classification, to permit the
establishment of a marine sales and service business and the manufacture of small
boats, as requested by Mr. James Tippett, and that letters in opposition to the proposal
were received from Mr. & Mrs. Johannes Cunningham & Family, and Mr. Garry Prosser,
and correspondence and a petition (copies of which were distributed to Council
members at this meeting) were received from the applicant.
Consideration was also given to a report from the Planning Advisory
Committee submitting copies of the Planning Department's report and eleven letters and
a petition in objection to the above proposal which were considered at the Committee's
April 6 meeting at which the applicant spoke in favour of the proposal, as did Mr. Bob
Logan, a local businessman who has worked with fibreglass for many years, and Mr.
Stephen Drost of the N.B. Department of the Environment was present to answer
questions and provide information concerning fibreglass boat-building; and a number of
area residents attended in opposition, six of whom addressed the Committee with
concerns relative to possible environmental effects of the boat-building component of the
operation, and Mr. Garry Prosser of Red Head also spoke in opposition; and
recommending that the application be denied.
Mrs. Pamela Cunningham of 2077 Ocean Westway appeared in
opposition to the above proposal on the basis of concern about the use of fibreglass
chemicals in the neighbourhood in that the resin and gel coats for making the boats
contain Styrene which, she advised, has a strong odour and is nauseating and irritating
to the eyes, throat and skin; as well as concern that respiratory problems could result
from the dust from manufacturing the boats which will come to the residents in
particulate matter and inhaled. Mrs. Cunningham suggested that, while the workers in
the operation can wear protective clothing and masks and be made safe by the
Department of the Environment, the emission from the stacks will fall directly on the area
residents, and the dust and odour to be vented from the building, depending on the
weather conditions, will disperse and, according to Mr. Mark Jones from the Department
of the Environment, fall within a 50-yard radius area which is directly over the homes.
Mrs. Cunningham also expressed concern about the effect on the residents due to the
applicant not wanting to restrict his operation according to the winds, the time of the year
or the volume; expressed the opinion that, as the residents bought their homes in the
area for the peace and quiet, the view and the country setting, nobody would have
moved there had it been thought that something like the proposed operation would move
in after, and as well the proposed operation could affect anticipated future growth in the
area in the form of residential development; and concluded that there is a place for
manufacturing, but not in a residential area.
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Mr. Glen Dow of 2085 Ocean Westway spoke in opposition to the
proposal in that he built in the area knowing that it was residential and light commercial
in nature, and a person not wants to manufacture fibreglass boats the location in
question; expressed the opinion that an industrial park is for manufacturers, rather than
a commercial area and also that, while the applicant proposes to manufacture boats only
in the winter months, it is likely that he will want to do work as it becomes available; and
expressed concern about the possible effect of Styrene on his wife's already-slight
breathing problem, and the possible effect on his property evaluation in the future.
Mrs. Leslie Rice of 2075 Ocean Westway, addressing Council in
opposition to the proposal, advised that her family relocated from the East side of the
City to their present home to get away from the pollution; and asked what impact the
manufacturing operation might have on her health in view of her current severe-
breathing problem, and who would be responsible should the proposed operation wipe
out her Persian cats or have some significant impact on her hobby of breeding and
showing them, their replacement cost being approximately $10,000, in that an animal's
sense of smell is keener than that of humans. Mrs. Rice expressed concern about the
possibility of accidents involving the children who wait for the school bus and trucks
delivering and picking up from the proposed operation; suggested that nothing could be
done to stop the applicant from building boats year-round, although he indicates that he
would do so only during the winter months; and also expressed concern that the
Department of the Environment is proceeding on a trial-and-error basis in that, while the
experts indicate that a 50-foot stack is acceptable, it has now been indicated that a 34-
foot stack is acceptable. Mrs. Rice noted the presence in the Council Chamber of Mrs.
Carvell of 2015 Ocean Westway, and advised that Mrs. Carvell has given her
authorization to read into the record that, as a land owner of 38 acres of land to the rear
of 2086 Ocean Westway, she opposes the application and that her intention for her land
is to hopefully sell it for residential and develop it for a profit; and concluded that an
industrial park is definitely a place for the applicant.
Mrs. Marie Beaulieu of 2065 Ocean Westway spoke in opposition to the
proposal in that, if approved, property values would surely plummet; explained that,
having recently placed her home on the market, it will be necessary, if the proposal is
approved, for her agent to fill out a disclosure form about the toxic odours and
awareness of any substance materials or products which may be of an environmental
hazard; asked that, as this portion of Ocean Westway is a very peaceful and pretty road,
Council help the residents keep it that way. In response to Council queries, Mrs.
Beaulieu advised that, having lived in the area for ten years, she put her home up for
sale as soon as she found out that Mr. Tippett was going to ask for re-zoning as she
would not subject her children to health hazards.
Mr. Richard McGinnis of 3 Colpitts Avenue, at the corner of Colpitts
Avenue and Ocean Westway, appeared in opposition to the proposal; questioned why
Mr. Tippett could not simply expand his business at his present location as he
understands that it is in an industrially-zoned area; and, referencing the Planning
Advisory Committee's submitted correspondence, noted the indication therein to the
effect that the proposed type of business should be in an industrial zoned area, the
nearby location of an industrial park that might serve Mr. Tippett's purposes, and that
this is an extremely hazardous type of operation. Mr. McGinnis made the observation
that this is the third time in the last few years the residents of the area have been before
Council to deal with instances of people applying for industrial-type businesses in the
subject location; and suggested that, from an economic point of view, the concerns and
interests of the residents of the area would far outweigh the interest Mr. Tippett has,
although he is trying to establish a business in the area. Mr. McGinnis asked that, as it
seems to be quite clear that this business would be much more appropriately located in
an industrial park, Council seriously look at this and perhaps not grant Mr. Tippett his
application.
Mr. James Tippett of 885 McCavour Drive, the applicant, was present in
support of his application; and advised that he has been involved for more than 25 years
in marine sales and service and the use of polyester resins, and in operating a
seasonally-depressed business and that he would like to be able to construct small
boats in the off-season to create year-round employment for a number of employees.
Mr. Tippett also advised that the people accompanying him at this meeting are in
support of the change in zoning and represent residents from Ocean Westway,
employees and people who have lived in close proximity to his business where he has
manufactured boats for the last three years, as well as a real estate expert and a
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representative from the Department of the Environment who will respond to any
questions Council may have on the technical side. Mr. Tippett explained that the subject
property on Ocean Westway is an ideal location for his operation because it
accommodates both aspects of the business with the building at the front to
accommodate office space and a sales and service area and the building at the rear to
accommodate the fibreglass repairs and small boat construction; for the reason that his
sales and service customers in the past have indicated that they do not wish to leave
their boats in a secluded area such as industrial park where vandalism could occur quite
easily; and because of its easy accessibility for customers in that they can avoid towing
their boats through busy City streets and it is in close proximity to the water, and also
that, as the majority of his customers are from the West and East side of the City and the
Renforth and Quispamsis area, the new highway construction makes the subject
property very accessible with a new off-ramp adjacent to it. Mr. Tippett suggested that
the main problem is that the local residents were being misinformed in that, although the
petition against his business addresses the operation as being a fibreglass
manufacturing plant, he does not manufacture fibreglass but rather sells and repairs
watercraft and would built small fibreglass boats; and made the observation that, after he
lobbied for support through the area, some of the names on Mrs. Cunningham's petition
are now in support of his business in the area after understanding what the business is
about. Mr. Tippett, having stated that there is absolutely no toxic waste, addressed the
concern about chemicals used in the fibreglass business being hazardous from the point
of view that polyester resin is shipped in steel drums in small quantities, the amount he
would have stored at anyone time and the manner in which the cans are labelled in
comparison to the practice in other retail stores in Saint John, and that fibreglass resin,
on becoming hard during the process of boat building, is no longer a toxic substance.
Mr. Tippett commented on the vent stack and filtration system for the marine industry
required by the Department of the Environment to handle Styrene emissions; indicated
that the facts related to different emission scenarios in similar businesses worked out by
the Department of the Environment could be presented at this meeting; and noted that,
less than a half mile away from the property in question, there is a fibreglass
manufacturing plant that manufactures fibreglass fuel tanks and that, although it does
not use a stack, no one in that area has complained about an odour. Mr. Tippett also
advised that the process he uses to construct small boats greatly decreases Styrene
emissions from resin making it much safer for the employees as well as reducing any
chance of Styrene odour being detected outside of the building, and that the new
products available for boat building today have been proven to be efficient with low
emissions and hazardous waste; and further advised that, after listening to the concerns
of the residents in the area and the Planning Advisory Committee, he would be willing to
limit this activity to the off-season during the winter months, and also that it is imperative
that he receive the zoning change to be able to repair fibreglass boats as well because,
under the present "B-2" zoning, he can only sell and service the boats, not repair or build
them. Mr. Tippett noted that the "B-2" zoning on almost one whole side of the subject
area in that it has been referred to as a residential area; and, with regard to Mrs.
Beaulieu's indication in her above presentation that the reason she was selling her home
was because of his move to the area, filed with the Common Clerk a current listing of her
property as well as information indicating that it was listed at the end of 1991 through the
whole year of 1992.
During discussion Mr. Tippett, in response to Council queries, explained
that the reason there would be a much less chance for vandalism in the subject area is
because there is more traffic and activity due to the residences, motels, restaurants and
other business, than there would be in an industrial park, and also that, while he pursued
the possibility of locating in an industrial park with the Economic Development
Department and had estimates prepared on buildings, the cost was just too great, and
that some of the financing and Federal funding to be made available to him does not
permit him to lease; commented on the number of persons he would employ and the
time involved in building a boat, and re-iterated his willingness, after hearing the
residents' concerns, to manufacture the boats in the off-season, perhaps from November
until March or April when the boat season commences, because he is quite busy with
sales and services during the summer and the fumes would dissipate at a greater rate in
the winter time, and explained that his main concern is that, having to layoff employees
in November or December, he is sometimes unable to rehire the same persons the
following year, and it is just not lucrative enough for it to be year-round employment, and
that he would agree to a Section 39 condition limiting when the manufacture of boats
would take place.
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Mr. Kim Stears of Highland Road, Grand Bay, appeared before Council,
and advised that he has been employed with Precision Marine on a seasonal basis for
the past three years and represents the employees present at this meeting in support of
the re-zoning of the Ocean Westway property, and also in support of the opportunity to
obtain year-round employment which the change in re-zoning would provide for them.
Ms. Jane Mantle of 864 Dever Road, representing residents of Dever
Road who live within close proximity of 100 to 200 metres of Precision Marine where it
has operated for the past 3 years, addressed Council in favour of the proposal; and
advised that there has never been an odour of resin, or anything on their skin or cars,
and that Mr. Tippett operates a very tidy and clean operation.
Mr. Ron Young of 39 Vincent Road, Gondola Point, a real estate
consultant with Century 21-River Valley Ltd., appeared in support of the proposal;
expressed the opinion that putting this proposed attractive business in the empty
location in question would enhance property values and give the area, which has
recently looked somewhat abandoned, new life; and suggested that, under the present
zoning, there potentially could be many different types of businesses that could prove
detrimental to the area.
Mrs. Becky Tippett of 885 McCavour Drive addressed Council in support
of the re-zoning so as to allow the subject marine business to maintain and prosper; and
advised that the location in question would allow the business to do so; and suggested
that, as it is the applicant's intent to comply with all codes and requirements as set out,
the residents have nothing to be frightened or concerned about, and also that the
recommendations obtained from the Departments of Economic Development,
Engineering, Health and Community Services and the Environment should account for
an insurance that the business would operate perfectly well and safe on the subject
property.
Mr. Stephen Drost of the Provincial Department of the Environment, at
Councillor Knibb's suggestion, appeared before Council and, in response to the Mayor's
query as to whether Mr. Drost has any problems with the business locating in the subject
area, replied in the negative. Mr. Drost noted the two different types of fibreglass
manufacturing processes, being the chopping and lay-up processes, the latter which the
proponent intends to use and from which there is Styrene emissions of approximately 10
per cent of the chopping process; and commented on the anticipated emission from the
facility in question based on its proposed production rate per year and hence the
chemical usage per year. Mr. Drost advised that the worst case scenario with regard to
emission, as indicated by the simulated source model, is predicted at a maximum level
of 50 parts per billion approximately 100 metres from the plant, with the odour threshold
at 300 times that level at 150 parts per billion; and made the observation that he fails at
this point to understand why anybody would smell anything at 50 parts per billion, and it
has been the Department's experience to date that, if a company complies with the
terms and conditions of the certificate of approval, no problems exist, and no complaints
have been received. Mr. Drost further advised that, if the application is approved, it is
the Department's intention to issue a certificate of approval to operate; and, responding
to concerns expressed at this meeting, included that there would be no particulate
emitted with a filter in place at the entry of the vent, there is no food chain concentration
reaction according to a material safety data sheet; prevailing winds during the summer
time would be towards the back of the property where no residences are found and,
during the winter months at which time the prevailing winds are northwest in direction,
dispersion rates are much better and the suggested 50 parts per billion predicted by the
simulated model that might occur downwind would be substantially less; and the 34 feet
stack height is acceptable, although, should the unexpected occur, the Department
could have the Company put in a charcoal filter which would filter out any emissions in
the stack.
In response to Council queries, Mr. Drost advised that inspection of the
proposed facility would come in under his realm of duties and, typically in a case like
this, an assessment would be done before a certificate of approval would be issued for a
short period of time at the end of which another assessment would be done and
changes recommended, if necessary which, if not the case, a new certificate would not
be issued.
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APRIL 13,1993
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, an approximately one-half acre parcel of land located at 2806
Ocean Westway (NBGIC Number 287458), from Highway Commercial to Light Industrial
classification, be read a first time.
Councillor Trites advised his intent to oppose the above motion on the
basis that Council is dealing with the spot re-zoning to industrial of a property which he
perceives to be in a residential area of the City, which is one step further down from the
business designation that currently exists there; and also that, while the Planning
Department's report recommends the re-zoning with Section 39 conditions, it is not a
glowing recommendation in that every paragraph in the report's impacts and analysis
brings forth another staff concern, and it indicates that a more appropriate location for
the operation would be an industrial park or a more commercial industrial area such as
Fairville Boulevard. Deputy Mayor McAlary expressed an understanding of the residents
who do not want an industrial business in the area; and Councillor Landers, noting that
the Planning Department's report indicates that the Building and Technical Services
Department advised that fibreglass manufacturing is an extremely hazardous
occupancy, asked what would have to be done to the buildings to accommodate Mr.
Tippett's proposed business, to which Mr. Johnson replied that the subject business
would fall into a classification into which very few other businesses in the City would fall,
and there are very extensive requirements in the Building Code, mainly related to
explosion hazard and fuel content.
On motion of Councillor Rogers
Seconded by Councillor A. Vincent
RESOLVED that the above matter be
laid on the table for two weeks and the City Manager be asked to meet with the two
groups to see if there is a form of conciliation/consultation that could take place and that
possibly a Section 39 or some other form of agreement be reached by the two parties.
Question being taken, the tabling motion was lost, a tie vote having been
created with Councillors Coughlan, Landers, McAlary and Trites voting "nay".
Question being taken, the original motion was lost, a tie vote having been
created with Councillors Coughlan, Landers, McAlary and Trites voting "nay".
On motion of Councillor Landers
Seconded by Councillor McAlary
RESOLVED that correspondence
regarding the above application be received and filed.
Question being taken, the motion was carried.
(Councillor Coughlan withdrew from the meeting.)
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, an area of land at 1624 Hickey Road (NBGIC
Numbers 55072763 and 436592), located on the southwest corner of Hickey Road and
Heather Way, from District Centre Commercial to Low Density Residential classification;
and (b) the proposed re-zoning of the same parcel of land from "B-2" General Business
to "RM-1" Three-Storey Multiple Residential classification, to allow for a townhouse
development at the above-mentioned location, and that no written objections were
received in this regard.
Consideration was given to a report from the Planning Advisory
Committee advising that it approved four variances at its April 6 meeting related to
height of the proposed buildings, individual lot areas, distance requirement for
intersecting streets and concrete sidewalk construction of the above proposal, and
adopted the recommendations in the submitted copy of the Planning Department's
report; and recommending that (1) Common Council amend the Municipal Development
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Plan by redesignating on Schedule 2-A from District Centre Commercial to Low Density
Residential classification, an area of land located at 1624 Hickey Road on the southwest
corner of Hickey Road and Heather Way, also being identified as NBGIC Numbers
55072763 and 436592; (2) Common Council amend the City of Saint John Zoning By-
Law by re-zoning the same above-mentioned property from "B-2" General Business to
"RM-1" Three-Storey Multiple Residential classification; and (3) if and when third reading
of the re-zoning is given, Common Council: (a) approve the location of the proposed
Jillian Court and land for public purposes; (b) assent to the submitted photo-reduced
subdivision plan showing the proposed cul-de-sac, municipal services easement and to
any required utility easement; and (c) authorize the preparation and execution of a
City/Developer subdivision agreement to ensure provision of the required services.
Mr. David Allen of 24 Charles Crescent appeared in favour of the above
application as an employee of Scott Bros. Ltd.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, an area of land at 1624 Hickey Road (NBGIC Numbers
55072763 and 436592), located on the southwest corner of Hickey Road and Heather
Way, from District Centre Commercial to Low 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 McAlary
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, an area of land at 1624 Hickey Road (NBGIC Numbers
55072763 and 436592), located on the southwest corner of Hickey Road and Heather
Way, from District Centre Commercial to Low Density Residential classification, be read
a second time.
(Councillor Coughlan re-entered the meeting.)
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 Rogers
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land
at 1624 Hickey Road (NBGIC Numbers 55072763 and 436592), located on the
southwest corner of Hickey Road and Heather Way, from "B-2" General Business to
"RM-1" Three-Storey 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 Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land
at 1624 Hickey Road (NBGIC Numbers 55072763 and 436592), located on the
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APRIL 13,1993
southwest corner of Hickey Road and Heather Way, from "B-2" General Business to
"RM-1" Three-Storey 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 Trites
RESOLVED that the above report from the
Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-Law text amendment to add a new
subsection to Section 620(2)(c) to read: "notwithstanding (i) or (d) a beverage room, club
or lounge may be located at 87-89 Golden Grove Road (NBGIC #300046).", to permit
the establishment of a licensed lounge at the subject site, as requested by Marjorie
MacMurray, and that no written objections were received in this regard.
Consideration as given to a report from the Planning Advisory Committee
submitting copies of the Planning Department's report, one letter of support and one
letter of objection to the above application considered at the Committee's April 6 meeting
at which the applicant and her solicitor were present and spoke in favour of the proposal
and Mr. Erik Kraglund, representing his mother and other area residents, spoke in
opposition to the application; and recommending that Common Council amend the City
of Saint John Zoning By-Law by adding a new subsection to Section 620(2)(c) to read:
"notwithstanding (i) or (d) a beverage room, club or lounge may be located at 87-89
Golden Grove Road (NBGIC #300046).".
Mrs. Elizabeth Kraglund of 77 Golden Grove Road appeared before
Council in opposition to the above-proposed amendment, and, having distributed to
Council members a copy of her letter listing the twenty-two families in the area whom
she was representing (the original of which she subsequently filed with the Common
Clerk) commented on concerns about parking availability in the area and, in particular,
the possibility that her property might be used for packing; traffic problems; and the
effect of a liquor establishment, such as a lounge, on the residential nature of the
community.
Ms. Shelley Courser, a lawyer with the law firm of Mosher Chedore,
addressed Council on behalf of the applicant in favour of the amendment, and
suggested that Mrs. MacMurray's problem seems to relate to the past history of the
subject building in that Mrs. Kraglund indicated that currently there are no problems with
the property and the way it is being operated. Ms. Courser explained that there is no
intention of making the establishment into a tavern-type atmosphere and that, as Mrs.
MacMurray's long-term plan is to operate the property for a profit until she is in a position
to retire on the proceeds of its sale, she of course does not want too many restrictions
on the property; and also that the only difference that the amendment would make to
Mrs. MacMurray would be to give her the ability to serve liquor without meals in a
separate portion of the building. Ms. Courser suggested that a huge traffic increase is
not anticipated in that this proposal is not expected to attract new clientele but is
basically to offer a new and expanded service to the applicant's existing clientele and
perhaps attract a few new patrons; and made the observation that the area in question is
not purely residential.
Mrs. Marjorie MacMurray, the applicant, appeared before Council;
commented on her reason for requesting the amendment and the manner in which she
intends to operate her establishment; and advised that she would appreciate Mrs.
Kraglund calling her at any time about any problem and she will ensure that it is rectified.
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On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, with regard to adding a new subsection to
Section 620(2)(c) to read:- "notwithstanding (i) or (d) a beverage room, club or lounge
may be located at 87-89 Golden Grove Road (NBGIC #300046).", 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 McAlary
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, with regard to adding a new subsection to
Section 620(2)(c) to read:- "notwithstanding (i) or (d) a beverage room, club or lounge
may be located at 87-89 Golden Grove Road (NBGIC #300046).", 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 McAlary
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
Notice had been given to Dana Douglas Gibbons and Roger Richard to
appear to show cause, if any, why Common Council should not find the building at 147
Prince Edward Street to be dilapidated and dangerous and require them to remedy the
dangerous conditions, with such time as Common Council may set, by either
demolishing the building or carrying out the stated work; and that the submitted
acknowledgement of receipt of Notice and letter was received from Dana Douglas
Gibbons. No person was present to speak in opposition to or in favour of the proposed
action.
Consideration was given to a report from the City Manager advising that,
while traditionally the 1925 Building Act has been used to recommend remedies to
Common Council concerning dangerous buildings, the December 1992 ruling of the
Court of Queen's Bench that the 1925 Act was invalid is being appealed and the City is
awaiting a decision from the Court of Appeal; also advising that the Municipalities Act
requires the City to show that a property is dilapidated or deteriorated to such an extent
that it is unsightly, dangerous or unhealthy before it can take action to cause the owner
of a property to remedy the unsightly, dangerous or unhealthy condition; stating that the
building on this property is unsightly, dangerous and unhealthy, as well as the unsightly,
dangerous and unhealthy conditions; and recommending that the submitted resolution
be adopted by Common Council.
The Mayor clarified that the reference in the third paragraph of the
submitted resolution to a further report to Common Council of John Johnson, the
Building Inspector of the City of Saint John, dated April 8, 1993, is to be changed to refer
to a further report to Common Council from the City Manager, dated April 8, 1993.
Mr. Johnson circulated photographs of the interior of the above building
which, he advised, originally was the subject of a Minimum Standards inspection; and
explained that it was only after ascertaining that the building was in fairly bad shape and
discussions with the Department of Health that an attempt was made to get into the
inside of the building; therefore, on the basis of the exterior inspection, the above report
refers to mainly those items which are unsightly. Mr. Johnson noted that, as described
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APRIL 13,1993
verbally in the above report, the photographs depict that the building is largely missing in
that most of the major systems are not there; and advised that the plumbing facilities are
not considered suitable, the electrical facility is dangerous, there is no water and there
are fire protection elements which are not present. Mr. John son also advised that,
earlier this date, he observed that parts of the roof structure have actually fallen off;
expressed the opinion that, while only one test must be met, the building in question
meets the three tests provided for in the Municipalities Act relevant to being dilapidated
and dangerous to become either unsightly, to become dangerous or to be unhealthy;
and concluded that Council would be well advised to proceed with the recommendation
and adopted the resolution which is submitted.
Mr. Rodgers explained that, while the procedure under the 1925 Building
Act required recommendations to Council directly from the Building Inspector, the
Municipalities Act requires a recommendation from the City Manager.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the following resolution
be adopted, namely:
"WHEREAS the records in the Saint John County Registry Office show Dana Douglas
Gibbons to be the owner of the land and building located at 147 Prince Edward Street,
(N.B.G.I.C. 12526) in the City of Saint John, in the County of Saint John, in the Province
of New Brunswick (a deed from the Committee of the Estate of Gregory Brian Gibbons
to Dana Douglas Gibbons was registered on March 15th, 1987, in book 843 as number
275053 at pages 85-91. A lease from Dana D. Gibbons to Randolf and Debbie Boomer
was registered on April 5, 1984, in book 1041 as number 314439 at pages 501-508. An
assignment of this lease to Roger Richard was registered on July 15th, 1985, in book
1100 as number 32223211 at pages 106). The property is more particularly described in
the attached Schedule "A" and is identified as parcel number 12526 on the portion of the
New Brunswick Geographical Information Corporation sheet which is attached as
Schedule "B";
AND WHEREAS the property is located in the area mentioned in the by-law entitled "A
By-Law Respecting Dangerous or Unsightly Premises Within the City of Saint John";
AND WHEREAS the building located on the property is in a deteriorated and/or
dilapidated condition such that it is dangerous and unhealthy and unsightly, the
particulars of such condition being set forth in the report of David Crawford dated March
22, 1993 and the further report to Common Council from the City Manager, dated April 8,
1993:
BE IT RESOLVED that the owners are hereby required to remedy the dangerous and
unsightly and unhealthy condition of their property within 15 days after a notice from the
Building Inspector of the City of Saint John is served upon them in accordance with
section 190(4) of the Municipalities Act of New Brunswick, by either demolishing the
building or by carrying out the following work:
Carry out such work as is necessary to bring the roof into compliance with the
requirements of the National Building Code of Canada.
Carry out such work as is necessary to bring the windows into compliance with the
requirements of the National Building Code of Canada.
Properly repair the exterior of the building, including the clapboards and shingles and
siding, so as to remove any unsightly condition.
Carry out such work as is necessary to bring the electrical system in the building into
compliance with the Canadian Electrical Code.
Carry out such work on the plumbing system as is necessary to meet the Canadian
Plumbing Code.
Carry out such work as is necessary to restore the passive fire protection system of the
building so that it meets the requirements of the National Building Code of Canada.
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COMMON COUNCIL
APRIL 13,1993
Remove the debris from the interior of the building.
Carry out such work to the foundation as is necessary so that the foundation provides
structural support to the building in accordance with the National Building Code of
Canada.
BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve
notice upon the owners, in accordance with section 190(4), which requires them to either
demolish the building or carry out the work to remedy the dangerous and unsightly and
unhealthy conditions within 15 days of the service of the notice upon them:
BE IT FURTHER RESOLVED that in the event that the owners do not comply with the
Building Inspector's notice, then the Building Inspector is directed to apply to the Court of
Queen's Bench of New Brunswick for an order which would authorize the City of Saint
John to cause the building to be demolished at the expense of the owners.".
Question being taken, the motion was carried.
Mrs. Bertha Wood Holt addressed Council concerning her proposal to
have May 18 proclaimed "Saint John Day:"; and requested Council to pass a resolution
requesting the Lieutenant-Governor to issue a proclamation designating "Saint John
Day" and "Loyalist Day" to be observed on the appropriate dates; that is, May 18 as
Saint John's birthright, and May 10 to honour the actual date of arrival of the Loyalists
who founded both the City and the Province.
The Mayor thanked Mrs. Wood Holt for her remarks and advised that
Council's procedure on a presentation of this nature is to review the matter and consider
the request, and that Mrs. Wood Holt would be advised of Council's decision in this
regard.
Consideration was given to a letter from Councillor Rogers commenting
on Council's meeting in Committee of the Whole with the Chairman of the Saint John
Regional Exhibition Centre Commission, and the General Manager of the Centre, with
respect to the question of exclusivity at the Centre for beverages, signage and
entertainment.
On motion of Councillor Rogers
Seconded by Councillor A. Vincent
RESOLVED that the above letter be
withdrawn from the agenda:
AND FURTHER that the Saint John Regional Exhibition Centre
Commission and The Market Square Corporation be asked to give a public presentation
in open session of Council, including items such as exclusive rights, public tender
process, services, construction, finance and any other items that they feel would be of
interest.
Question being taken, the motion was carried.
Consideration was given to a report from the City Manager advising that
the Bank of Nova Scotia has advised that the section pertaining to the facsimile
signatures in the banking resolutions was not changed when the City recently changed
the cheque processing procedures; and recommending adoption of the submitted
resolutions for the Bank of Nova Scotia.
On motion of Councillor Coughlan
Seconded by Councillor McAlary
RESOLVED:
That the resolutions dated March 5, 1990 relating to the operation of bank accounts for
the City of Saint John with the Bank of Nova Scotia be and is hereby rescinded;
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COMMON COUNCIL
APRIL 13,1993
AND FURTHER RESOLVED:
B.1 That accounts in the name of The City of Saint John (herein called the "City") and
bearing the following names and numbers shall be kept at the Bank of Nova Scotia:
Current Account
Payroll Account
0053-12
0001-16
That any two of the:
Commissioner of Finance
Deputy Commissioner of Finance
Manager of Accounting Services
be and are hereby authorized on behalf of the City:
To borrow money from the Bank of Nova Scotia upon credit of the City on cheques,
promissory notes, bills of exchange or otherwise in such amounts and subject to such
terms as may be considered advisable;
To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name
of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances,
orders for the payment of money, warehouse receipts, bills of lading, agreements to give
security, assignments, transfers, conveyances, hypothecs, mortgages, pledges,
securities and other agreements, documents and instruments as may be necessary or
useful in connection with the borrowing of money and other banking business of the City.
That anyone of:
Commissioner of Finance
Deputy Commissioner of Finance
Manager of Accounting Services
be and is hereby authorized by the City:
To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or
collection by the Bank (but for the credit of the City's accounts only) cheques,
promissory notes, bills of exchange, drafts, orders for the payment of money and other
instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of
the City by anyone of them or having the name of the City impressed thereon by rubber
stamp or other device without any signature;
To arrange, settle, balance and certify all books and accounts between the City of Saint
John and the Bank and to receive all paid cheques and other vouchers, unpaid and
unaccepted bills of exchange and other negotiable instruments and to sign the Bank's
form of settlement of balances and release;
To delegate any authority conferred on such person by sub-paragraphs (a) and (b) of
this paragraph by any other employee of the City, by notice in writing filed with the Bank.
That all agreements, documents and instruments signed, drawn, accepted, endorsed or
executed as aforesaid shall be valid and binding on the City.
That the City shall furnish the Bank with a list of names of all persons authorized by this
resolution to do any act or thing, together with specimens of their signatures, and shall
notify the Bank from time to time in writing of all changes of such persons; and such list
when received by the Bank shall be binding on the City until written notice to the contrary
shall have been given to the Bank and receipt of such notice acknowledged by the Bank.
That this resolution shall be communicated to the Bank and shall continue in force as
been the city and the Bank until written notice to the contrary shall have been given to
the Bank and receipt of such notice acknowledged by the Bank.
C.1 That notwithstanding resolution B.2 (b), the Bank of Nova Scotia is authorized
and directed to pay any and all cheques, promissory notes, bills of exchange or
otherwise against the said accounts which may be presented for payment bearing the
facsimile signature impressed thereon by mechanical means to all intents and purposes
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COMMON COUNCIL
APRIL 13,1993
as though such signatures had been signed by the said Officers in their own handwriting
and duly issues by them with the authority and on behalf of the city of Saint John.
.2 That in consideration of the Bank of Nova Scotia's paying or negotiating
cheques, promissory notes, bills of exchange or otherwise, issued on behalf of the City
of Saint John and bearing the mechanically imprinted facsimile signatures of the
Commissioner of Finance and the Manager of Accounting Services, the City of Saint
John will and does hereby undertake to hold the Bank of Nova Scotia harmless from and
indemnified against all loss, costs, damages and expenses arising out of the payment or
the negotiation of any cheque, promissory note, bill of exchange or otherwise on which
the facsimile signatures have been wrongfully impressed. (Rescinded April 29, 1996 Bk.
85 Pg. 813 )
Question being taken, the motion was carried.
Consideration was given to a report from the City Manager advising that
the Bank of Nova Scotia has requested certain resolutions to be passed by Common
Council to formalize the line of credit with the City for 1993; and recommending adoption
of the submitted resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that: (1) the Commissioner
of Finance is hereby authorized to borrow on behalf of the City of Saint John (the
Corporation) from the Bank of Nova Scotia (the Bank) from time to time by way of
promissory note a sum or sums not exceeding at anyone time three million two hundred
thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the
year 1993; (2) the Commissioner of Finance is hereby authorized to sign on behalf of the
Corporation and to furnish to the Bank from time to time a promissory note or notes
sealed with the Corporate Seal for the sum or sums so borrowed with interest at such
rate the Bank may from time to time determine; (3) the Commissioner of Finance is
hereby authorized and directed to furnish to the Bank at the time of each borrowing and
at such other times as the bank may from time to time request, a statement showing the
nature and amount of the estimated revenues of the current year not yet collected or
where the estimates for the year have not been adopted, a statement showing the
nature and amount of the estimated revenues of the Corporation as set forth in the
estimates adopted for the next preceding year and also showing the total of any
amounts borrowed in the current year and in any preceding year that have not been
repaid; (4) the Commissioner of Finance is hereby authorized and directed to apply in
payment of all sums borrowed from the Bank, with interest thereon, all of the monies
hereafter collected or received on account or realized in respect of the taxes levied for
current year and for any preceding years and all of the monies collected or received from
any other source; and (5) the City of Saint John establish a non-revolving term loan to
bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner
of Finance be authorized to borrow from the Bank to the specified limit.
Question being taken, the motion was carried.
Read a report from the City Manager submitting a recommendation in
response to the request at Council's last meeting of the Air Atlantic Celebrity Golf
Tournament for a waiver of the green fees at the Rockwood Park Golf Course and of the
rental rate for use of the Lily Lake Pavilion.
On motion of Councillor Coughlan
Seconded by Councillor Landers
RESOLVED that as recommended by the
City Manager, the City advise the organizers of the Air Atlantic Celebrity Golf
Tournament that it is prepared to be a sponsor of this event, and thereby will agree to
waive the green fees at the Rockwood Park Municipal Golf Course.
Question being taken, the motion was carried.
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COMMON COUNCIL
APRIL 13,1993
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender for motorized equipment be awarded as follows:- (1) Bid No.
93-019 Wallace Equipment Ltd. $103,500; (2) Bid No. 93-023 Lounsbury Industrial Ltd.
$58,750; (3) Bid No. 93-025 Centennial Pontiac $18,170; (4) Bid No. 93-026 Johnston
Equipment Ltd. $27,888; (5) Bid No. 93-027 Eastern Turf Products $9,850; (6) Bid No.
93-028 Centennial Pontiac $68,435; (7) Bid No. 93-029 Del Equipment Ltd. $113,731;
(8) Bid No. 93-031 Downey Ford Sales Ltd. $70,090; (9) Bid No. 93-033 Scott
Manufacturing Ltd. $4,560; (10) Bid No. 93-036 Centennial Pontiac $17,743; (11) Bid
No. 93-037 Eastern Turf Products $5,225; (12) Bid No. 93-038 Lounsbury Industrial Ltd.
$71,600; (13) Bid No. 93-039 Atlantic Compressed Air Ltd. $42,750;; and (14) Bid No.
93-040 Downey Ford Sales Ltd. $31,712, as shown on the submitted bid summary; and
the Mayor and Common Clerk be authorized to execute a total cost bid agreement with
respect to Bid Nos. 93-019 and 93-038 for a period of 7 years or 10,500 hours.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to a 6.0 metre (20 foot) wide
municipal services easement located between Thistle Street and Sand Cove Road of
Meadowland Subdivision (Phase 4), which is also identified as NBGIC Number 429738,
located between Thistle Street and Sand Cove Road.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Federation of Canadian Municipalities advising that the submitted copy of Common
Council's resolution on the rail network in Eastern Canada was endorsed by FCM"
National Board of Directors and FCM is presently taking action on this issue and will
keep Council informed of the results -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the memorandum from
Cities of New Brunswick Association, Inc. advising that the deadline for submitting
resolutions to the General Meeting in Bathurst is April 23 - be referred to the City
Manager to recommend resolutions for Council's consideration.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Landers
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk