1994-01-31_Minutes
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COMMON COUNCIL
JANUARY 31, 1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the thirty-first day of January, AD. 1994, at 7:00 o'clock p.m.
present
Shirley McAlary, Deputy Mayor
Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers,
Trites, A Vincent and M. Vincent
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C.
Robichaud, Assistant City Manager - Operations; J. C.
MacKinnon, Commissioner of Environment and Infrastructure
Services; S. Bedford, Commissioner of Development Services; P.
Woods, Deputy Commissioner of Finance; W. D. Todd, Director
of Housing and Property Management; D. Logan, Purchasing
Agent; J. Baird, Manager - Development Division, Planning; G.
Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police;
Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant
Common Clerk.
Reverend Jack Fancy of Kings Valley Wesleyan Church offered the
opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that minutes of the
meeting of Common Council, held on January 24, 1994, be approved.
Question being taken, the motion was carried.
3. Deputy Mayor's Remarks
Deputy Mayor McAlary extended condolences, on behalf of Common
Council, to the family of the late Mr. Donald B. Carson, who passed away on January
30, and to the family of the late Mr. Justice Turney Jones, who passed away earlier this
date.
Deputy Mayor McAlary noted that the Annual Moosehead Skate To Care
will be held on February 5 at Lily Lake, and encouraged citizens to support this fund-
raising event for mental health services in the City; and proclaimed February to be
Heart Month in the City of Saint John and welcomed to the Council Chamber, Heather
Erb-Campbell, Executive Director of the Heart and Stroke Foundation for the Province
of New Brunswick.
* Added Items
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the following items,
which were on the agenda for consideration in Committee of the Whole on this date, be
added to the agenda for consideration at this meeting:- the City Solicitor's report on the
release of information as item 5A; the City Manager's report on resolutions for FCM as
item 5B; and the City Manager's report on resolutions for Cities of New Brunswick
Association Inc. as item 5C.
Question being taken, the motion was carried.
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4. Amendment To Section 39 Conditions
Of Re-ZoninQ, 20 Prince Edward Street
The Common Clerk advised that the necessary advertising was
completed with regard to amending the conditions attached to the 1972 re-zoning of
Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit the
installation of additional facia signage on the side of the building facing Union Street,
as requested by CIBC, and that no written objections were received in this regard.
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 January 25 meeting at which a representative of the sign company
appeared on behalf of the applicant, and no one appeared in opposition to the
application and no letters were received either in favour of, or against, the above
proposal; and recommending that the Section 39 conditions attached to the May 8,
1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number
18275), be amended to permit a facia sign, measuring 3 feet by 18 feet, 54 square feet
in area, to be located on the side of the building facing Union Street, as per the
submitted plans.
Mr. M. Skinner, Manager of CIBC - King Street, appeared in support of
the above application, and advised that the applicant wants to install an exterior sign to
the Bank in the Union Street area in an attempt to increase client traffic at the Branch in
Prince Edward Square, and an exterior sign should help in achieving this objective. Mr.
Skinner confirmed that the sign is already in place on the building.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that as recommended by the
Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972
re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275),
be amended to permit a facia sign, measuring 3 feet by 18 feet, 54 square feet in area,
to be located on the side of the building facing Union Street, as per the submitted
plans.
Question being taken, the motion was carried.
5. Re Council Resolution To
InvestiQate Release Of Information
On motion of Councillor Chase
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor
Chase explaining why he has decided to withdraw his support for the resolution
adopted at Council's last meeting to have an investigation into the so-called "leak" of
budget documents -- be received and filed.
Councillor Knibb, in suggesting that the City Solicitor should comment on
his reasoning with respect to an investigation, proposed a motion, which was seconded
by Councillor Coughlan and subsequently withdrawn upon Deputy Mayor McAlary's
observation that there were two motions before Council, that Council discontinue its
investigation; and during discussion Councillor Chase advised that the one area of his
letter he would prefer to take back is that suggesting a private discussion because he
sees now that it casts aspersions on his fellow Councillors, which was not the intent,
and clarified that the meeting he walked into was not a meeting perse but a discussion,
and his perception of it as a meeting is definitely questionable and he would withdraw it
as it was not an organized meeting.
Question being taken, the motion was carried.
*5A. Release of Information
Consideration was given to a report from the City Solicitor advising that,
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with regard to Council's January 24 resolution to have an inquiry conducted into the
early release to the public of the City Manager's budget report to Council, there are two
statutes dealing with inquiries into civic matters or municipal activities, one being A Law
RelatinQ to Civic Government in the City of Saint John passed in 1895, the other being
a Provincial public statute titled Control of Municipalities Act; commenting on the two
statutes; and expressing the opinion that, with respect to the early release of the City
Manager's budget report, the circumstances of this case do not warrant the use of the
statutes mentioned. The report also advises that there may be circumstances separate
and apart from any illegal action involving municipal operations where one of the
mentioned statutes would be appropriately used, and that any probable evidence to
indicate that elected or appointed officials sold information to the media would, in his
opinion, justify the use of a statutory inquiry; however, in this case, Councillor Coughlan
has confirmed to him that he had no grounds, other than the general common
knowledge that the media sometimes pays for information, when he referred to the fact
that possibly appointed or elected officials sold the report to the media.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that Council discontinue
its investigation into the release of information.
Mr. Rodgers made the observation that Council's motion of last week
indicated that Council wanted some examination done of what was available to Council
with respect to having an investigation or an inquiry and that, from a legal standpoint,
for an inquiry with a legal foundation, the above report brings to Council's attention two
statutes which are still valid and available to Council; and, having commented on the
statutes in question, expressed the opinion that the private Act would be used when
Council has suspicion to the point where Council has some idea of whom it wants to
call as witnesses and, in this case as he understands it, there are no suspects unless
Council wants to go far afield and get involved with a lot of people which goes against
every form of investigation that we are used to under our system; and that, with regard
to the other Act which is a public act, in his opinion, the subject is so broad and so
common, from the point of view of Council's concerns and complaints on an ongoing
basis, that he would be surprised if the Cabinet used the Control of Municipalities Act.
Mr. Rodgers concluded that he does not think that the statutes concerned would get
Council too far in this particular case and that, from the point of view of going any
further, if the City Manager or Councillors want to ask questions about this subject,
without any legal foundation from the point of view of enforcing anything, Council is
free to do that. Councillor Coughlan, in clarifying his comments at the last meeting,
stated that he has no knowledge of any person selling confidential information, nor
does he believe anyone has, and that his comments were only meant to underline what
he considered to be the serious nature of the "leaks", and were not meant to be taken
literally.
Question being taken, the motion was carried.
*5B. Resolutions for FCM
Read a letter from the City Manager submitting, further to FCM's request
to Council in open session on January 4, two resolutions for Council's consideration
and subsequent submission to the Federation of Canadian Municipalities, one asking
that the Federal Minister of Transport invite FCM to participate in any discussions
relating to the realignment of rail operations, the other requesting that the Government
of Canada give full consideration to the impact on municipalities of any contemplated
changes in the level of Federal Provincial transfer payments.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the following
resolutions be adopted and forwarded to the Federation of Canadian Municipalities for
deliberation:-
1. WHEREAS CN Rail and CP Rail have announced intentions to request the
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Federal Government for permission to merge all operations east of Winnipeg, Man., to
Halifax, N.S., and down to Chicago; and
WHEREAS Canada's rail network is an integral part of our national
transportation infrastructure; and
WHEREAS railways playa significant role in the economic development of
municipalities; and
WHEREAS Canada's future success in international trade, as a partner in the
North America Free Trade Agreement and a party to the GATT Agreement, is
dependent upon our ability to serve markets; and
WHEREAS a merger of railway operations in Eastern Canada will create a
monopoly leading to increased costs between all Canadian points; and
WHEREAS a full merger of CN Rail and CP Rail in Eastern Canada could mean
the demise of numerous communities dependent upon rail service:
NOW THEREFORE BE IT RESOLVED that the Federation of Canadian
Municipalities urge the Minister of Transport to declare an immediate moratorium on rail
abandonments, conveyances, or mergers in Canada until a full investigation is carried
out:
AND BE IT FURTHER RESOLVED that the Federation of Canadian
Municipalities request that the Federal Minister of Transport invite the Federation of
Canadian Municipalities to participate in any discussions relating to the realignment of
rail operations affecting Canadian communities.
2. WHEREAS all municipalities rely on Federal and Provincial transfer payments to
meet their service obligations to local taxpayers; and
WHEREAS reductions in or changes to Federal transfer payments to provincial
governments can have a consequent negative impact on the level of provincial funding
available to municipalities; and
WHEREAS the Government of Canada has already taken steps to freeze grant
payments in lieu of property taxes to all municipalities resulting in a reduction of
property tax revenues; and
WHEREAS a municipality's ability to replace lost revenues from reduced
transfer payments is largely restricted to increases in property tax rates:
NOW THEREFORE BE IT RESOLVED that the Government of Canada ensure
that any future change(s) in the level and/or manner of Federal transfer payments to
the provinces be formalized only after due consultation with and in full consideration of
the impact any such change would have on Canadian municipalities.
Question being taken, the motion was carried.
*5C. Resolutions for Cities of
New Brunswick Association
Read a letter from the City Manager submitting, further to the request to
Council in open session on January 17, four resolutions for Council's consideration and
subsequent submission to the Cities of New Brunswick Association, such resolutions
dealing with pension plans, the concept of proper financial planning by removing the
artificial deadlines with respect to many Provincial and Federal programs, and attempts
to ensure that the Cities of New Brunswick Association is provided with opportunity for
input into any proposed changes related to either the rail or highway systems affecting
the communities
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the following
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resolutions be adopted and forwarded to the Cities of New Brunswick Association, Inc.
for deliberation:-
1. WHEREAS governments at all levels are looking for measures and new
methods to save taxpayers' dollars and reduce deficits; and
WHEREAS sufficient time is needed to properly plan and undertake
construction programs; and
WHEREAS most municipalities have competitive bidding policies to guarantee
integrity of the procurement process; and
WHEREAS this process also ensures that value is received with taxpayers'
dollars:
NOW THEREFORE BE IT RESOLVED that the Provincial and Federal
Governments review the practice of setting immovable deadlines for the completion of
various programs that result in expedient decisions that may not be in the best interest
of Canadian taxpayers:
AND BE IT FURTHER RESOLVED that the Provincial and Federal
Governments permit budget money for such programs to be transferred to future fiscal
years to ensure that proper planning, tendering and construction takes place.
2. WHEREAS the administrative burden associated with the administration of a
pension plan is extremely costly; and
WHEREAS effective pension administration necessitates the flexibility to
respond to the changing requirements of Federal and Provincial legislation as well as to
better meet the changing needs of the workforce; and
WHEREAS municipal pension plans are now governed under both local by-laws
and Provincial statutes; and
WHEREAS the Pension Benefits Act now provides uniform standards applicable
to all forms of pension plans; and
WHEREAS the ability to make required legislative changes and respond
effectively to changing benefit requirements is unduly lengthy and costly when a
pension plan is governed by Provincial statute; and
WHEREAS a municipality may deem it to be more advantageous to administer
its pension plan under local by-law rather than Provincial statute:
NOW THEREFORE BE IT RESOLVED that the Province of New Brunswick be
requested to amend Section 163 of the Municipalities Act to allow a municipality to
repeal a pension plan governed by Provincial statute in favour of a municipal by-law
without affecting the continued operation of such plan.
3. WHEREAS the Government of Canada and the Province of New Brunswick are
conducting ongoing negotiations regarding the funding of highway construction in New
Brunswick; and
WHEREAS the condition of highways in New Brunswick impacts on the safety
of citizens of our Province; and
WHEREAS the rapid deterioration of highways in the Province of New
Brunswick adversely affects the ability of producers and manufacturers to compete in
the global market place; and
WHEREAS an agreement to rebuild highway infrastructure in New Brunswick
will improve construction work and employ people:
NOW THEREFORE BE IT RESOLVED that the Cities of New Brunswick
request the Province of New Brunswick to accelerate negotiations leading to an early
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start on a highway rebuilding program:
AND BE IT FURTHER RESOLVED that the Cities of New Brunswick request the
Province of New Brunswick to include the Cities of New Brunswick in negotiations
concerning the routing and priority for highway restructure in the Province.
4. WHEREAS CN Rail and CP Rail have announced intentions to request the
Federal Government for permission to merge all operations east of Winnipeg, Man., to
Halifax, N.S., and down to Chicago; and
WHEREAS New Brunswick's rail network is an integral part of our Provincial
and national transportation infrastructure; and
WHEREAS railways playa significant role in the economic development of New
Brunswick municipalities; and
WHEREAS the ports of New Brunswick's future success in international trade,
as a partner in the North America Free Trade Agreement and a party to the GATT
Agreement, is dependent upon our ability to serve markets; and
WHEREAS a merger of railway operations in Eastern Canada will create a
monopoly leading to increased costs between New Brunswick and other Canadian
points; and
WHEREAS a full merger of CN Rail and CP Rail in Eastern Canada could mean
the demise of numerous communities dependent upon rail service:
NOW THEREFORE BE IT RESOLVED that the Cities of New Brunswick urge
the Minister of Transport to declare an immediate moratorium on rail abandonments,
conveyances, or mergers in Canada until a full investigation is carried out:
AND BE IT FURTHER RESOLVED that the Cities of New Brunswick request
that the Federal Minister of Transport invite the municipalities of New Brunswick to
participate in any discussions relating to the realignment of rail operations affecting
New Brunswick communities.
Moved in amendment by Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above motion be
amended by withdrawing resolution 2.
Councillor Knibb, a Trustee of the City of Saint John Pension Plan,
explained that his reason for wanting to defer the second resolution is that the Pension
Board will be submitting to Council at its next meeting a new Bill which will become an
Act, which at the moment has the support of all Trustees and, consequently, he does
not think that at this time that the City should be proposing that the Cities of New
Brunswick Association adopt something that in the future would try to put all cities on
side to make pension acts part of city by-laws.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
6. ProQress Payment #5 & #7 Fire Stations
Consideration was given to a report from the City Manager setting out
the details of the construction progress certificate relevant to the construction of #5 and
#7 Fire Stations by Opron Maritime Construction Ltd.; and submitting a
recommendation with respect to the payment 'in trust' for liens.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
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the City Manager, authority be granted for the partial release of the holdback, in the
amount of $384,101.62, to Opron Maritime Construction Ltd. for the construction of #5
and #7 Fire Stations; and further that Council authorize the Legal Department to
deposit $63,500 'In Trust' with the following law firms:- (1) Hughes Campbell and
Associates 'In Trust', in the amount of $15,000, with respect to Claim No. 3446 filed by
Quality Sound & Alarm Ltd.; (2) Grant Cable Corey Buckingham 'In Trust', in the
amount of $24,500, with respect to Lien No. 3451 filed by Lite Enterprises (NB) Ltd.;
and (3) Stewart McKelvey Stirling Scales 'In Trust', in the amount of $24,000, with
respect to Lien No. 3456 filed by Westinghouse Canada Inc. doing business was
WESCO.
(Councillor Trites withdrew from the meeting.)
In response to Council queries, Mr. Todd explained that, in 1992 when
tenders were called for construction of the two fire stations, the tenders came in over
the budget at that time and, with Council's authorization, staff went back and
negotiated about a $350,000 reduction to the original tendered price with Opron, and
that the result is about $115,000 in extras over and above that contract, with about
$42,000, or just over a third, of the extras directly related to site conditions in that there
was significantly more rock than was contemplated in the tender document and the
tender allowed for a unit rate for a volume of rock that had to be removed. Mr. Todd
also explained that the other two extras which are significant relate to a problem
installing propane heat in both stations as the tender document included the
specifications of the City's supplier for propane and subsequent to the tender award the
City changed suppliers for propane and the requirements were much higher than the
original supplier and this added almost $11,000 to the tender; and to the addition of a
system to supply air to the hydraulics for the trucks, which was not in the original tender
and was something the Fire Department asked to be added based on experience with
other fire station, at a cost of about $11,000; and that the majority of the other items
which amount to approximately $60,000 relate to either some additions made as the
work went along and, more importantly, to items missed on the drawings as the
drawings did not catch up with the changes made in order to save $350,000, a number
of which relate to the structural part of the station where steel drawings, for instance,
did not get caught up with architectural drawings; and expressed the opinion that a 2%
extra, which is what it would be if rock removal is deducted from the approximate 3
1/2% extras, on a job of this magnitude in the construction industry is quite acceptable.
Question being taken, the motion was carried.
7. Progress Payments, Contracts
93-2, 93-16, 93-22 and 93-1
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that as recommended by
the City Manager, authority be granted for payment of the following construction
progress certificates, namely:-
1.
Contract 93-2, Station Street
Reconstruction - Phase 2
QM Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 7
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 7, dated January 24, 1994
Partial holdback release
$1,229,634.90
1,293,859.47
2,500.00
1,148,004.92
143,354.55
9,378.34
$ 143,354.55
2. Contract 93-16, Clarendon/Harvey/Main/
Metcalf Streets Water and Sewer Construction
Fairville Construction Ltd.
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Original estimated value of work
Total work done, Estimate Number 4
355,545.16
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 4, dated January 24, 1994
Final holdback release
$ 387,949.00
Nil
302,213.39
53,331.77
3,488.99
$ 53,331.77
3. Contract 93-22, Manchester Avenue, Roadway
Work on Provincially-DesiQnated HiQhways
Nautilus Construction & Rentals Ltd.
Original estimated value of work
Total work done, Estimate Number 3
174,936.97
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 3, dated January 26, 1994
Final holdback release
$ 156,055.40
Nil
145,421.51
29,515.46
1,930.92
29,515.46
4. Contract 93-1, Curb &
Sidewalk Construction
Fairville Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 7
1,865,432.29
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 7, dated January 26, 1994
Partial holdback release.
$2,049,198.20
4,350.00
1,585,617.45
275,464.84
18,021.06
$ 275,464.84
Question being taken, the motion was carried.
8. Tender/Proposal Arboretum SiQnaQe
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, the tender/proposal of Signs by Carole, in the amount of $25,831.20
(plus taxes), be accepted for the manufacture and supply of 33 Arboretum Signs.
Question being taken, the motion was carried.
9. Proposals For Hand-Held
Water Meter ReadinQ Devices
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the proposal submitted by Radix Inc., Mississauga, Ontario, in the
amount of $26,433.45 (all taxes included), be accepted for the provision of a hand-held
water meter reading system.
Question being taken, the motion was carried.
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10. Amendment To Section 39 Conditions
Of Re-ZoninQ Of 134 Sydney Street
Consideration was given to a report from the City Manager regarding the
application of Happily Ever After Ltd. for an amendment to the Section 39 conditions of
the re-zoning of 134 Sydney Street, which was tabled at the public hearing of January
17 for staff to consult with the applicant and South End residents in an effort to identify
conditions which would be acceptable to both parties, as well as to staff; commenting
on the discussion with the applicant regarding the proposed capacity, provision of
entertainment and accommodation of parking, as well as the discussion with Mr. Lloyd
Betts of the South Central Citizens Council on the conditions proposed by the
applicant, and Mr. Betts' request that Council, if it is prepared to approve the
application, not make a decision until its February 7 or preferably February 14 meeting
so that members of his group may have an opportunity to consult further with the
residents in the immediate neighbourhood of the subject site and provide a written
response to Council; concluding that the applicant has only modified his proposal
slightly to respond to previously-identified concerns and, because the concerns are
mainly issues of neighbourhood compatibility, Council may wish to give additional time
to permit a formal response from the South Central Citizens Council, although this
group has indicated that it supports the previous recommendation of staff; and
recommending that this report be received by Common Council and the
recommendation of the Planning Advisory Committee to not amend the Section
conditions be adopted.
It was noted that a letter (copies of which were distributed to Council
members at this meeting) was received from R. E. Darling regarding the above matter.
19. Cindy Kilpatrick, H. Cunningham - Opposition
To Section 39 Amendment, 134 Sydney Street
Consideration was also given to letters from Cindy Kilpatrick and H.
Cunningham in opposition to the proposed amendment to the Section 39 conditions of
re-zoning of 134 Sydney Street.
On motion of Councillor Knibb
Seconded by Councillor A Vincent
RESOLVED that the application of
Happily Ever After Ltd. for an amendment to the Section 39 conditions of re-zoning at
134 Sydney Street be approved for up to 200 persons.
Councillor Knibb proposed the above motion on the basis of the
employment which would be provided and the preservation of this historical building.
Deputy Mayor McAlary advised her intent to oppose the motion in that the proposed
operation should not be in a residential area and that there could be problems with
noise and litter, and there is inadequate parking. Councillor M. Vincent, referencing
comments made by the Police Force as set out in the Planning Advisory Committee's
correspondence which was resubmitted at this meeting, advised his intent to oppose
the above motion as it contravenes what the Police Department is saying about not
wanting to encounter similar experiences as it has in the past, and also the Liquor
Licensing Branch indicated that, while it can set certain hours in its licensing as a
condition, it would not be responsible for certain areas of enforcement; and expressed
the opinion that it would be an error to subject the people of the area to conditions that
are in line with or similar to what they have experienced before when both the
Provincial authority and the local Police Force are saying that there will be problems.
Councillor Coughlan asked if it might be feasible to table this matter for another week to
determine if there is some room for compromise, in view of the suggestion in the City
Manager's above report that Council may wish to give additional time to permit a formal
response from the South Central Citizens Council; to which Mr. Bedford replied that, if
Council wished to make a decision at this meeting, the South Central Citizens Council
would be satisfied with the recommendation of staff as the Citizens Council still seems
to be concerned with the compatibility of the proposed use with the neighbourhood;
however, if Council does not make a decision at this meeting, the Citizens Council has
indicated that it would endeavour to speak to other neighbours in abutting buildings as
it did not have time to do it in the two-week period available. Councillor Rogers
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questioned what took place in the two-week period in that it was her intent, in proposing
the tabling motion on January 17, for staff to facilitate in bringing the applicant and the
residents together, to which Mr. Baird replied that it became clear, in meeting with the
applicant, that the 200 number was required for the applicant to proceed with the
project financially, and that staff had discussions, following that meeting with the
applicant, with representatives of the local citizens who indicated a desire to hold
further meetings with area residents and not just speak at that time without further
consultation; and, as Council asked for a report in two weeks, staff has come back with
a report and the residents are suggesting that, if further consultation is necessary, they
would require additional time. Councillor Rogers advised that she would have to weigh
her concern about the possibility of the subject building deteriorating to a point where it
possibly cannot be rehabilitated with the concern of the residents and the dollars they
have invested in their homes in the South End, in other words, compatibility with the
residential area.
Question being taken, the motion was lost with Deputy Mayor McAlary and
Councillors Coughlan, Gould, Landers, Rogers and M. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the application of
Happily Ever After Ltd. for an amendment to the Section 39 conditions of re-zoning of
134 Sydney Street be denied.
Question being taken, the motion was carried with Councillors Knibb and
A Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the letters from Cindy
Kilpatrick and H. Cunningham in opposition to the proposed amendment to the Section
39 conditions of re-zoning of 134 Sydney Street -- be received and filed.
Question being taken, the motion was carried.
(Councillors Gould and M. Vincent withdrew from the meeting.)
11. Amendment to Water and SeweraQe By-Law
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates
and discounts, be read a third time and enacted and the Corporate Common Seal be
affixed thereto.
(Councillor A Vincent withdrew from the meeting.)
The by-law entitled, "A By-Law To Amend A By-Law Respecting Water
And Sewerage", was read in its entirety.
Question being taken, the motion was carried with Councillor Landers
voting "nay".
12. FCM Membership Dues
Consideration was given to a letter from the Common Clerk submitting
for Council's approval an invoice from the Federation of Canadian Municipalities for the
City's membership fee.
On motion of Councillor Knibb
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Seconded by Councillor Rogers
RESOLVED that authority be granted for
payment of the submitted invoice from the Federation of Canadian Municipalities, in the
amount of $7,197.02, being the City's membership fee for the period April 1 , 1994 to
March 31, 1995.
Question being taken, the motion was carried.
13. Carol Ann and Gary G. White
Re Hayes Avenue, South Bay
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that the letter from Carol Ann
and Gary G. White commenting on the condition of Hayes Avenue, South Bay, on
Christmas day and an incident involving Mr. White who slipped, fell and broke both
bones in his lower right leg, while they were walking with their three young children after
having Christmas supper with parents; and asking for a reply and a solution to this
problem as soon as possible -- be referred to the City Manager.
Question being taken, the motion was carried.
14. The YMCA-YWCA of Saint John
Funds For SprinQ Conference
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the letter from Terry
Moore, Chief Executive Officer of The YMCA-YWCA of Saint John, advising that the
Saint John YMCA-YWCA will be hosting the Spring Conference in May of this year
involving the fifteen YMCAs and YMCA-YWCAs in Atlantic Canada; and expressing the
understanding that the City has funds available to assist with the expenses related to
putting together a conference such as this -- be referred to the City Manager.
Question being taken, the motion was carried.
15. Ann Jeffrey - Intersection Of
Sand Cove Road And Bleurv Street
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the letter from Ann
Jeffrey suggesting reasons why traffic has dramatically increased, in the past few
years, at the intersection of Sand Cove Road and Bleury Street; and expressing the
hope that money can be found this year to properly fix this intersection before a serious
accident occurs -- be referred to the City Manager.
(Councillor A Vincent re-entered the meeting.)
Mr. Robichaud advised that staff, being aware of the above request, has
been working on this matter and it will be brought before Council in the next capital
budget; and, with respect to Councillor Landers' concern about four accidents having
occurred on Hillcrest Road on the night of January 30 within an hour of each other,
Deputy Mayor McAlary asked Mr. Robichaud to take this matter under advisement.
Question being taken, the motion was carried.
16. Henrv G. Smith - Sale Of Totem Pole
On motion of Councillor Knibb
Seconded by Councillor Chase
84-471
COMMON COUNCIL
JANUARY 31, 1994
RESOLVED that the letter from Henry G.
Smith again putting forth his proposal to sell his Totem Pole of Life to the City of Saint
John for a reduced price of $16,000, half the appraised price, copyrights included; and
asking to be advised of Council's decision to purchase before the first of May 1994 as
he has promised the public that, if the pole is not purchased before then, he intends to
have a pole raising on that date -- be received and filed and Mr. Smith be thanked for
his offer and advised that the City is unable to accept his offer at this time because of
financial commitments.
Question being taken, the motion was carried.
17. New Brunswick's Eastern Star
MaQazine - Advertisement Renewal
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the letter from
Malcolm E. MacDonald, Managing Editor and Chairman of New Brunswick's Eastern
Star Magazine, advising that the City of Saint John advertisement in the Magazine is
due for renewal with the current February issue now being prepared for the printers,
and that it is hoped again to receive favourable approval for another year; and also
advising that the size of the present ad of a two-column width by five inches vertical is
$150 -- be received and filed and an ad be purchased at a cost of $150 or less.
Councillor Knibb initially proposed a motion, which was not seconded, to
respectfully decline the ad renewal, and Councillor Coughlan suggested that a smaller
ad from that of last year could be purchased and that this could be left up to the City
Manager and the Mayor to determine.
(Councillor M. Vincent re-entered the meeting.)
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
18. City Central Housing Co-Op
Rescue Squad And Protective Services
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the petition from
members of the City Central Housing Co-Op on Elliott Row asking that Common
Council withdraw from cancelling the fire rescue squad vehicle as proposed in the 1994
Budget and, furthermore that, should any cuts come as a result of the 1994 budget,
they not include essential services, such as fire and police protection -- be received and
filed.
In response to Councillor Rogers' suggestion that the situation with
respect to fire protection should be clarified as it appears as if there is a
misunderstanding on the part of the public, Deputy Mayor suggested that Fundy
Cable's Inside City Hall production could feature the Fire Department, and also that it
would be appropriate at the next meeting of Council for Chief Tait to make a
presentation on fire services in an attempt to provide a better understanding of the
matter.
(Councillor A Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
20. New Brunswick Heritage Federation
- Former Red Rose Tea BuildinQ
On motion of Councillor Knibb
Seconded by Councillor Coughlan
84-472
COMMON COUNCIL
JANUARY 31, 1994
RESOLVED that the letter from the
New Brunswick Heritage Foundation expressing the view that any redevelopment
proposals for the Red Rose Tea building on Mill Street must include the sensitive
rehabilitation of the building, and the heritage associated with it, as these are prominent
elements of Saint John's identity -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk