1994-05-02_Minutes
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MAY 2,1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the second day of May, AD. 1994, at 4:00 o'clock p.m.
present
Thomas J. Higgins
Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary,
Rogers, Trites, A Vincent and M. Vincent
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager-Operations; J. C. MacKinnon, Commissioner of
Environment and Infrastructure; P. Groody, Commissioner of
Human Resources; S. Bedford, Commissioner of Development
Services; W. D. Todd, Director of Housing and Property
Management; G. Tait, Fire Chief; B. Thompson, Deputy Chief of
Police; AC. Martin, Assistant Deputy Chief of Police; D. Logan,
Purchasing Agent; J. Mcintyre, Manager, Industrial Relations; J.
Baird, Manager - Development Division, Planning; B. Steeves,
Deputy Building Inspector; J. Bezanson, Heritage Planner; Mrs.
M. Munford, Common Clerk; and Lorraine Linton, Secretary.
1. Call To Order - OpeninQ Prayer
The Mayor called the meeting to order and Reverend Lloyd Lake, a
retired Anglican Clergyman, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that minutes of the meeting of
Common Council, held on April 25, 1994, be approved.
Question being taken, the motion was carried.
3. Mayor's Remarks
Mayor Higgins noted that the United Way is holding its regional
conference at the Saint John Hilton this week; and welcomed former Mayor Samuel
Davis to the Council Chamber.
Councillor Coughlan advised that on May 6 a symposium will be held by
the Centracare Foundation on mental health and that various agencies will be setting
up booths at Market Square.
Councillor Knibb extended a message of sympathy to former Mayor Edis
Flewwelling on the death of his wife, Betty.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the Common Council of
the City of Saint John extend a message of sympathy to the family of the late Mary
Elizabeth (Betty) Flewwelling.
Question being taken, the motion was carried.
Deputy Mayor McAlary advised that CP Rail has selected two finalists,
Gilford Industries and Cantrac, to operate the line from Sherbrooke to Saint John and
that the decision will be made by the end of May.
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Councillor Trites noted that he attended an auction fund raiser in support
of Randy Oldfield, a Saint John High School student injured in a hockey game, which
raised $7500 to $8000 and on behalf of Council recognized the work of the organizing
committee, and in particular Barry McGrath, a member of Local 18 and a valued
employee of the City and suggested a letter from the Mayor on behalf of Council be
forwarded to Mr. McGrath recognizing his involvement in the community.
Councillor Gould extended condolences to the family of the late Dr.
Norbert Grant.
On motion of Councillor Gould
Seconded by Councillor A. Vincent
RESOLVED that the Common Council
of the City of Saint John extend a message of sympathy to the family of the late Dr.
Norbert Grant.
Question being taken, the motion was carried.
* Added Item
On motion of Deputy Mayor McAlary
Seconded by Councillor Knibb
RESOLVED that the letter from the City
Manger regarding the resignation of the Building Inspector, be added to the agenda for
consideration at this meeting as item 9A.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
3A. Letter of appreciation from the Town of Sussex
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from
Mayor Higgins submitting a copy of a letter to Fire Chief Glen Tait from Mayor Ken
Friars of the Town of Sussex expressing appreciation on behalf of Council and citizens
for the valuable assistance and advice to their firefighters and Council during the Irving
warehouse fire, be received and filed.
Question being taken, the motion was carried.
3B. Letter from Councillor A. Vincent re closure of Simonds Arena
Read a letter from Councillor A. Vincent advising that it has been
brought to his attention that senior City staff have attended a meeting with the
East/West Suburban Hockey League and other groups regarding the closure of the
Simonds Arena and requesting that any future meetings regarding the closure be made
public.
(Councillor Landers entered the meeting.)
On motion of Councillor Trites
Seconded by Councillor Gould
RESOLVED that the above letter be
received and filed.
Responding to a query as to why the City is spending money for
consultants when a report has already been received in this matter, Mr. Totten
explained that on March 21 he brought a report to Council dealing with the condition
and usage of all civic arenas, that the report was precipitated by the fact that it was,
and still is common knowledge, that the Simonds Centennial Arena has fallen into what
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might be described as a state of disrepair and needs significant capital expenditures;
the report concluded that the significant capital investment could not be recommended
and that the arena be closed, however, this recommendation did not receive the
support of Council and after considerable discussion Council could not support the
closure and the issue surrounding this arena was much more than financial, there was
a commitment to a community, to the residents of East Saint John; staff was asked to
develop alternatives for Council to consider and the end result was that staff have been
meeting with groups and discussing the issues and it is his hope that staff have been
acting on the understanding of Council and their approach was to find a way in which
renovations to the facility could be phased in over two or three years and that the
funding of the renovations would involve the City, users of the facility, perhaps the
private sector and perhaps service clubs. He further noted that it his intention to submit
a report to Council after they have the information as to how much it will cost over a
period of years to bring the building up to condition, and the City has engaged
consultants to provide the information; and that his response to comments that the
Simonds Arena is closing is that Council has never taken a position that it is closing, in
fact they have asked to find a way to keep it open. Councillor A. Vincent questioned
what is wrong with the building. Councillor Trites commended Councillor A. Vincent for
bringing the topic to the public agenda and suggested it is healthy to have this
discussion, and that it is an issue for everyone to work together for a proper solution
and if it involves the use of some of the extensive community spirit and goodwill we
have in the city to continue to operate the facility, then that is what Council is here for.
Councillor Coughlan advised that the City Manager has an assignment that Council
unanimously gave him.
Question being taken, the motion was carried.
5. Progress payment contract 93-8
Asphaltic concrete street resurfacinQ - 1993
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, authority be granted for payment of the following construction
progress certificate, namely:-
1.
Progress payment contract 93-8
Asphaltic concrete street resurfacinQ - 1993
Grove Construction (1986) Inc.
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 April 25/94
Holdback release on completed
portion of contract
$1,093,357.19
946,919.90
Nil
811,867.63
135,052.27
8,835.20
135,052.27
Question being taken, the motion was carried.
6. Traffic By-Law amendment - Station Street
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the report from City
Manager advising that Harbour Station is requesting that the lay-by area in front of the
building be designated a five minute parking area; that the lay-by was constructed as
part of the Station Street Reconstruction project and was intended to provide a bus
stop area and has been signed that way; that the operation of Harbour Station with its
ticket office at the front of the building has shown the need for short term parking to
accommodate many people that take only a few minutes to pick up tickets and the bus
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lay-by at the front of the building is not required most of the time; and recommending
that the submitted Traffic By-Law amendment be given first and second readings and
referred to the Legal Department for appropriate action -- be received and filed and the
recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on
Station Street, be read a first time.
Responding to a query from Councillor Chase as to whether difficulty
has been experienced with cars pulling into oncoming traffic and causing dangerous
situations, Mr. Robichaud stated no problems have come to his notice although
someone driving over the speed limit could cause a problem. Councillor Landers
referred to the "no left turn" from Sewell Street and questioned its purpose, and Mr.
Robichaud advised that the reason for it is to prevent vehicles cutting across two lanes
of traffic and that staff will review the matter.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law entitled,
"A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint
John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments
Thereto", with regard to parking on Station Street, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
7. Traffic By-Law amendment re Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that at Council's meeting of April 18, 1994 the Planning Advisory
Committee recommended that Common Council take the necessary steps to prohibit
on-street parking on Golden Grove Road from McAllister Drive to Simpson Drive; and
recommending that the submitted Traffic By-Law amendment be given first and second
readings and referred to the Legal Department for appropriate action -- be received and
filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on
Golden Grove Road from McAllister Drive to Simpson Drive, be read a first time.
Deputy Mayor McAlary asked if there is enough off-street parking to
prevent problems during Exhibition Week, and was advised it was determined there
would be no problems during that week.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
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On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John
Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments
Thereto", with regard to parking on Golden Grove Road from McAllister Drive to
Simpson Drive, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
8. Request of Kiwanis Club for Qrant
Read a letter from the City Manager advising that the Kiwanis Club of
Saint John has requested a grant equal to the cost of the green fees for players
participating in the Kiwanis Golf Classic; that the Club has sponsored the "Kiwanis Golf
Classic" for the past four years at the Rockwood Park Municipal Golf Course and raised
funds which have been contributed to the Neo-natal Unit of the Saint John Regional
Hospital; that Common Council gave the Club a grant of $2,500.00 in 1993 which
basically covered the cost of the green fees for the participants in the event; and
submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, the Saint John Kiwanis Club (a) be given a grant of $1,500.00 to
cover the loss in revenue at the Rockwood Park Municipal Golf Course, and (b) be
informed that because of fiscal constraints that this will be the last year for them to
receive a grant to waive the golf fees at the Rockwood Park Municipal Golf Course.
Question being taken, the motion was carried.
9. Re tender for janitorial service. City Hall Complex
Read a report from the City Manager with respect to the matter of
tenders for the provision of janitorial services to areas of the City Hall building which are
occupied by the City, which had been considered by Council at its meetings of April 11
and April 18; advising that as a result of Council's request and in preparation for
meetings and discussions with the City Solicitor, the Purchasing Agent undertook an
investigation in an attempt to determine if sufficient evidence existed to state that
Phoenix Commercial Cleaning Ltd. had received the addendum to the tender; that
further investigation by the Purchasing Agent revealed that neither staff of the
Purchasing or Property Management Departments can recollect actually handing a
copy of the addendum to a representative of Phoenix, and that it is certainly possible
that Phoenix submitted the proper deposit without receiving the addendum; that staff
considered the suggestion to re-issue the tender, however, there is difficulty in doing so
now that the tendered prices are public; that the City Manager met with the
representative of Adora Cleaning Ltd. and listened to the company's concerns and
acknowledges that it is reasonable for the company to question the process,
nevertheless, the fact remains that the City is unable to prove that Phoenix did in fact
receive the addendum and they should not be penalized for failure to comply; and
submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, in light of the findings of the Purchasing Agent and as a result of the City
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Solicitor's report, Common Council lift from the table the City Manager's report
considered at its April 11 meeting and deem the failure of Phoenix Commercial
Cleaning Ltd. to include a signed copy of the addendum with the tender an informality:
AND FURTHER that the tender of Phoenix Commercial Cleaning Ltd., in
the amount of $6,543.00 per month, be accepted for cleaning the City Hall Complex for
a period of two years.
Question being taken, the motion was carried.
Responding to a query from Councillor Rogers as to whether the action
outlined in the report is all that is being done or whether there will be a change to the
purchasing system in that this is only one mistake that has taken place in recent weeks,
there have been others, the City Manager advised the use of the word "mistake" implies
that staff have done something wrong, and that there have been some difficulties,
however, the Purchasing Agent has already started the practise of have people sign for
addendums; and that the Purchasing Agent in conjunction with the City Solicitor has
been asked to review how addendums are to be used and if there is a separate form of
communication for those items that do not give perspective bidders a competitive
advantage; and that his recommendation is as a result of having given thought to his
original position, having read the City Solicitor's report and having met with a
representative from Adora, as well as considering the option of redoing the tender.
Councillor Rogers expressed the opinion that there should be a new tender and
questioned whether the tender is legal considering it did not have the addendum
attached to it that was required by other companies to meet the specifications. Mr.
Rodgers advised that the adoption of the City Manager's recommendation makes the
situation legal and puts the City in a stronger legal position than the alternative,
meaning awarding it to the other party.
9A ResiQnation of John Johnson. BuildinQ Inspector
Read a letter from the City Manager noting that on January 24, 1994
Council adopted a Voluntary Separation Policy, and under that policy Mr. John
Johnson, the City's Building Inspector, has complied with the policy and wishes to
terminate his employment with the City effective April 29, 1994; recommending that the
resignation of Mr. Johnson be accepted; and advising that under the Building By-Law
the Deputy Building Inspector is the Acting Building Inspector.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the resignation of
John H. Johnson, the City's Building Inspector, be accepted effective April 29, 1994
and he be thanked for his service to the City.
Question being taken, the motion was carried.
10...Legislation establishing the Greater Saint John
Economic Development Commission
Read a letter from the City Solicitor, submitting a copy of The Greater
Saint John Economic Development Commission Act which received Royal Assent on
April 20, 1994; advising that while there is presently a Commission in existence,
created by Council under the Municipalities Act, it is now necessary for Council to
comply with Section 2(2) of the Act; that Council is required to appoint six members to
the Commission and that it is necessary for Council to receive the necessary
recommendations from the Saint John Board of Trade, the New Brunswick Telephone
Company and the Irving Group of Companies, for the names of members for
appointment to the Commission by Council.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above letter from the
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City Solicitor be referred to the Nominating Committee.
Responding to a query from Deputy Mayor McAlary as to the
appointment of a Chairman, Mr. Rodgers advised that unless the legislation specifically
provides for the Chairman to be appointed by Council, it will be appointed by the
Commission.
Councillor Chase referred to the six individuals appointed by Council to
the Commission on March 1, 1993 and asked whether these names will be put forward
to the Nominating Committee and was advised by Mayor Higgins that they were
appointed on an interim basis and the appointments will be up to the Nominating
Committee once information has been received as to who wishes to remain and those
who wish to withdraw. Councillor A. Vincent suggested that representatives from labour
should also be considered for appointment.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
11. Municipal Plan Amendment
661 Dever Road
Consideration was given to a letter from the Common Clerk advising
that, following the procedure for amendments to the Municipal Plan, the necessary
advertising and public presentation regarding the submitted application of Dr. Sean A.
Keyes, concerning a parcel of land on the south side of Dever Road between the
Lancaster Arena and the St. Rose Parish senior citizens' apartment complex, have
been completed, and that no written objections have been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the application of Dr.
Sean A. Keyes for a Municipal Plan amendment and re-zoning of a parcel of land on
the south side of Dever Road between the Lancaster Arena and the St. Rose Parish
senior citizens' apartment complex, 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 June 13, 1994.
Question being taken, the motion was carried.
12. Municipal Plan Amendment
154 Germain Street
Consideration was given to a letter from the Common Clerk advising
that, following the procedure for amendments to the Municipal Plan, the necessary
advertising and public presentation regarding the submitted application of Mega
Enterprises Inc. concerning the former Shell Canada depot, including the City-owned
lands previously leased to Shell Canada, located at 154 Germain Street West, have
been completed, and that no written objections have been received in this regard.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the application of
Mega Enterprises Inc. for a Municipal Plan amendment and re-zoning of the former
Shell Canada depot, including the City-owned lands previously leased to Shell Canada,
located at 154 Germain Street West 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 June 13, 1994.
Question being taken, the motion was carried.
4. Presentation by IrvinQ Group re Loyalist Burial Ground
With regard to the presentation to be made regarding the proposal to be
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presented at this time by the Irving interests regarding the Loyalist Burial Ground,
Mayor
Higgins advised that following presentation of the proposal, all persons present who
wished to speak for or against the project, will be afforded an opportunity to do so.
Colleen Mitchell of the Irving Group introduced Mr. Alex Novell, architect,
of Bristol, England, who she advised will be reviewing his conceptual design and the
background as to how he arrived at them, and who will present a few slides showing
the actual plans and will entertain all questions and comments. Messrs. John Wallace,
solicitor and Hans Klohn, were also present representing the Irving Group.
Mr. Alex Novell, Fellow of the British Landscape Institute, advised that he
has been practising as a landscape architect for 22 years, he has done many historical
restoration projects in Britain; that in July of 1993 the Irving Corporation asked him to
look at a site which they considered appropriate for a statue to commemorate their
founder, K. C. Irving. During a slide presentation Mr. Novell noted the strategic location
of the Loyalist Burial Ground; referred to the restoration process taking place in King's
Square with the cast iron Victorian lamp standards and work on the fountain, and
advised that he has seen the consultant's report with recommendations for the Square
and the overall concept is one which dovetails very neatly with the kind of proposal he
has for the Burial Ground; noted that the Burial Ground is in a poor state of repair, and
when he reported back to the Irvings on the site as a suitable place for a statue,
integral to his report was the proposal that there should be a general refurbishment of
the area; noting that the area where the Christmas tree stands is the area proposed for
the monument and that the Burial Ground naturally divides itself with 60% of it lying
beyond the foot path and has a great number of remaining gravestones and the
remaining 40% on flatter ground and which has clearly been laid out as a park which he
understands was done in about 1875; that the Burial Ground was opened in 1783 and
closed in 1848 due to overcrowding and health problems; during the period 1875 to
1883 there was obviously civic amenities put on this site, pathways, deliberate tree
planting along the pathways and fits in with the same sort of treatment in King's
Square; that sometime after that there have been benches, a fountain in 1883 and
electric lighting probably between 1910 and 1913; that as late as 1930 the Burial
Ground was well cared for and a public attraction; gave his assurance that the
sensitivity of the site was well recognized from the very beginning and was very
obvious when he looked at the site; referring to the great number of mature trees,
which he advised was one of the primary constraints, as he wanted to keep the mature
tree cover, as well as make sure he kept any proposals to this area which is used
primarily used as a park and not stray into the area up the hill which is primarily where
the gravestones are; noting that he is trying to be sensitive to the site and only enter
areas which are already part of the amenities of what is used as a public park; that the
area is zoned as a park in the City plan; that the question he first asked himself is
whether this is an appropriate place for the statue, a very fine bronze which is 10 feet in
height and the sculptor would like it to be on a 8 foot plinth which will give it the right
sort of presence for its size and noted that this is exactly the size the City recommends
for monuments for King's Square; that where the flower bed is and the Christmas tree
stands is a historical focus to the park and also a place where 1200 people who work
for the Irving Corporation pass every day on their way to work; his conclusion was that
he could fit the statue in the space without taking out important mature trees and
without an overpowering presence is well contained by high tree coverage and in good
relationship with the diagonal path; referring to the slide which depicts the master plan,
noted the area where the gravestones still exist will have only upgrading of the
footpaths, and there will be new tree planting to fill in gaps where they have been
blown down along the paths; that there will have to be a very delicate approach to all
construction in the area in order to preserve the tree roots; pointed out the proposal for
the plaza with the statue which will be no larger than the existing area; pointed out the
proposal for the fountain at the site of the existing fountain, the high quality brick
footpaths edged with granite and granite crossbanding, the Victorian-style cast iron
lighting, and tree and shrub planting; showed pictures of the lightstandards, and the
benches which will be cast iron and hardwood with the City crest in cast iron on the
ends, a tree seat at the entrance to the Golden Ball Building which will encircle a tree,
the litter receptacles which will be affixed to the ground and have the City crest in black
and gold, and cast iron sign posts; expressed the hope that the presentation can give
an impression of the kind of quality he is talking about, the use of granite stone, solid
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granite steps, the bronze statue on a granite plinth, low granite walls with solid granite
masonry with new planting, lamp standards and park benches; that the proposal to
refurbish the fountain is an example of a reflecting pool spilling over a granite lip and
falling down with solid bronze beaver; advised this is a unique opportunity to provide
something which is going to be a very fine asset to the City and expressed the hope
that the City will accept this in the spirit it is offered as a gift from the Irving brothers in
memory of their late father.
Councillor Coughlan referred to the opponents of the plan and their
claims of desecration and asked Mr. Novell to comment. Mr. Novell advised there will
always be opposition whenever one tries to do a project in a municipal context, one of
the more difficult aspects of his work is not the design work, but trying to find the
balance between opinion and Council has that task this evening; that there is a
historical dimension that is important, it is the old Burial Ground, therefore, it has to be
treated with enormous sensitivity, but it depends on what time in history you wish to
take your snapshot, is it 1848 when it was closed and had a dilapidated timber fence,
probably very few trees, the odd muddy path and a great deal of insanitary and difficult
conditions because of the overcrowding in the Burial Ground, or is it in 1875 or 1883
when it was laid out as a Victorian park, essentially, and that may be nearer the mark;
going forward in history we find at various times it has been in a state of dilapidation or
disrepair, before 1930 it was said to be dilapidated and in 1930 it was said to be very
well cared for and a great attraction, but in the last decade it has fallen into an
irreverent state of repair and it cannot be right to leave a great historic area like this in
that sort of condition; he has tried to come forward with a proposal for restoration which
is reverent, which respects the historical context and those buried there, but which also
upgrades it and brings it forward into the present history and takes it forward into the
future as a real asset to the City; that it is important to not only look at the historical
context, but as a matter of balance to look forward to the future of this area, and that is
what he has tried to do. In response to whether he has undertaken a similar project,
Mr. Novell advised that all the time he deals with highly sensitive sites, the sensitivity
sometimes is to do with people and their aspirations, sometimes it is nature
conservation, sometimes it is mature trees, sometimes it is historic buildings and a
historic character to a city or town which has to be preserved, and his job as an
environmental planner is to deal with all the environmental constraints and design
proposals which are considered to be sensitive and acceptable while still achieving the
goals he has set out to achieve, namely, the project. He further noted that the fact the
site is a burial ground there is the consideration of human remains and that he has
taken great care to research the proper procedures here and has spoken with the
Provincial archaeologist and he assures him there is no difficulty as long as they have
the appropriate archaeological advice, and he has his own consultant and has no doubt
the Provincial archaeologist will be there as an observer and every propriety will be
observed as they go through the project. Responding to a query as to the price of the
project, Mr. Novell advised that this project is a gift to the City and it would be improper
for him to tell him the value of a gift, but it is a very substantial sum of money. Deputy
Mayor McAlary questioned the depth of excavation for the plaza area, and Mr. Novell
advised that he will work with the levels that exist, and the majority of pathways and
plaza should be within the top foot of the soil, that there will be some foundations
required for the statue and the masonry walls but they will try to keep it to the absolute
minimum, and although there are no grave stones, no one knows exactly what is there;
that the excavation for the fountain will have a deep base because there will be
provision for the pump. Responding to a query as to who will do the maintenance on
the fountain, Mr. Novell advised that it is his recommendation that the Irving
Corporation take care of it because they have skilled maintenance men, and that
maintenance for the benches, etc. will be a matter for detailed discussion between the
City and the Irving representatives; in response to a query on the restoration of the
gravestones, advised that they are not included in the proposal, however, he very much
hopes that the City will be able to provide a program of restoration of the gravestones.
Deputy Mayor McAlary further questioned whether there is a proposal to fence the
Burial Ground and was advised that if the City in preparing its plans for the restoration
of the gravestones through the use of wrought iron, his comment would be that would
be appropriate, but within these proposals, there is no proposal to fence the area.
Responding to a query as to whether this is the only statue of K.C. Irving in the
Province, Mr. Novell advised there is one planned for Bouctouche but is in a very much
more relaxed style.
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(Mayor Higgins withdrew and Deputy Mayor McAlary assumed the chair.)
Responding to a query from Councillor Rogers for clarification on his
statement that no one knows exactly what is in the Burial Ground, Mr. Novell advised
that nobody knows exactly what lies in that corner of the Burial Ground, that he knows
it was an active burial ground and just a few years after it was closed a well on the site
of the Golden Ball Building was polluted and was linked to the cholera epidemic of that
period, and it was considered a health hazard, and there are letters to the effect that a
number of bodies were removed and that whether or not they come across human
remains they have taken precautions to make sure they will be dealt with in a proper
and reverent manner; noting that new trees have been planted where the headstones
are by the City and new trees require deep excavation and if that had caused any
problems we would have heard; that is why he took advice from the Provincial
archaeologist. Responding to a query from Councillor Rogers as to the number of trees
to be removed, Mr. Novell advised possibly two or three, but he will have an arborist
there to help ensure they don't damage roots and make sure the proper standard is
followed and he will also advise what tree work will improve the health and lifespan of
the trees. Referring to wheelchair accessibility, Mr. Novell advised that provision has
been made for wheelchair access.
(Mayor Higgins re-entered the meeting and re-assumed the chair.)
Councillor Landers noted that she took part in a recent talk show which
received twenty-two calls and there was no one opposed to the erection of the
monument including the people on the forum, but what was expressed was the
sensitivity of the Burial Ground. She asked if Mr. Novell and the Irving Group be willing
to work with the groups that are concerned, and Mr. Novell advised the process falls
into two stages, one is the principle acceptable to the City, if it is acceptable, then the
City will give its approval, and then there is the practical aspect which is satisfying that
the detail, the material, standards, the electrical supply, all the technical details fulfil
their requirements and they will have archaeologists on site and if the City felt it was
appropriate for discussion with other groups to ensure that these detailed procedures
were properly carried out before that aspect of the project was actually constructed,
then they would be willing to work with them on that, but that he hopes it would not
affect a decision on the principle of the matter. Councillor Gould questioned the
ownership of the statue, and Mr. Novell advised the City of Saint John will own it.
Councillor Chase referred to statements made that work of this nature is
not undertaken without a master plan, and was advised by Mr. Novell that what he has
provided is a master plan, explained that it may not fill in all the detail, the important
thing about a master plan is that it is an overview and what he is proposing is the
upgrading of the existing pathways; that a master plan should also have an accurate
survey, and there is a survey of the existing tree positions, the existing levels, such as
is needed to the refurbishment; that he has not surveyed every gravestone or written
every inscription and has not done exhaustive historical research as to is buried there,
but that is not necessary to upgrade the amenity aspects of the park; that his master
plan is based on a design concept of one focus in that part of the park, the focus is
already there, a flower bed and a Christmas tree in the winter; that there is some detail
filled in, as much detail as needed and we know what materials will be in the plaza, how
the fountain design will look, what walls will be in, we have seen the statue, we know
what tree and shrub planing, what flowers will go in; if the City comes along and fills in
other detail into that master plan such as a wrought iron fence around the entire area or
perhaps just the area where the gravestones are, and if there is a proposal to restore
the gravestones, or to bring out the gravestones in storage and re-erect them, that all
fits within the same master plan, that the master plan has to take into account all the
factors, the historical factors, the amenity of the area, the aspirations of the area for the
future, the quality of work and the fact that it dovetails in with the proposals for the
upgrading of King's Square.
Upon being given an indication of the number of persons present in the
Council Chamber who wished to address Council, Mayor Higgins suggested a brief
recess before proceeding.
On motion of Deputy Mayor McAlary
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Seconded by Councillor Knibb
RESOLVED that this meeting be recessed
for 20 minutes.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
Following the recess, the meeting resumed at 6:50 p.m.
Colonel James Turnbull, speaking in opposition to the proposal, advised
that his appearance is to underscore the letter he wrote to Council on November 23,
1993 and the stand he took before the Law Amendments Committee in Fredericton,
noting that he is a direct descendent of the first person buried in the Loyalist Burial
Ground, Conrad Hendricks, whose tombstone is dated 1784; that his objection to the
erection of a monument is because the land in question has been dedicated as a burial
ground and in his view monuments and tombstones should be erected only for
Loyalists or those of Loyalist descent who are buried in the burial ground; no one is
certain of the exact location of remains of many who have been buried there and stated
he does not believe the property should be altered or disturbed or the use changed
when there is plenty of other land in the immediate vicinity which could accommodate a
monument to the late Mr. Irving; he stressed that he is not objecting to the erection of a
monument which is being funded by a corporation, but rather objects to the proposed
location in the Loyalist Burial Ground property for a use other than what was originally
intended and legislated to be; and suggested that in view of the vast interest that has
been shown with regard to the Loyalist Burial Ground and before Council embarks on
any work in the graveyard, that a professional master plan be done to examine the
history of the graveyard and to formulate actions and policies which reflect the
sacredness of this hallowed ground; that a foundation or an organization be
established to oversee this master plan and also to raise funds for the proper
restoration of the site and the committee be composed of not only relatives of those
buried there, but also the City's Heritage Planner, representatives from the St.
George's, St. Andrew's and St. Patrick's Societies, the Loyalist Society, the 1.0.D.E.,
the black community and the Multicultural Association.
Speaking in opposition to the proposal, Mr. Harold Fanjoy, President of
the Saint John Branch, New Brunswick Genealogical Society, advised he appreciated
the architects efforts in putting a fine design together and his mention of a historic plan,
but he believes the plan and the architect is for a park, not a graveyard; that he
believes the Loyalist Burial Ground is not for sale and submits that what is being
considered is a sale of the right-of-way to use land and that the Irving Group made an
offer to spend money if they could have the right to use the land in the graveyard, the
only thing is all the land is occupied, there is no space available, it is not for sale; he
noted that the City of Saint John had five historic graveyards - the ones at Lower Cove,
Indiantown, city centre and Carleton are gone, only one historic graveyard is left; read
the definition of "consecrated" from "The Book of Common Prayer Church of England"
and advised that he was told by Bishop George Lemmon that once a graveyard is
consecrated it cannot be de-consecrated; read section 3 of An Act RelatinQ To The
Public Burial Ground In The City of Saint John which states in part "...it shall not be
lawful for the said Mayor, Aldermen and Commonality of the said City, or any person by
their direction or authority, to disturb any grave....unless at the request and desire of
the legal representative of the deceased person so to be removed"; noted that in the
pauper section of the graveyard there are over 1,600 graves, many of which are Blacks
and Indians and this is the section where the Irving Group plans to desecrate the
graves and questioned how someone can be honoured by dishonouring another man,
woman or child's' grave site; explained that the government of New Brunswick passed
legislation in 1848 to close the graveyard because it was full to capacity and gave the
trusteeship of the Loyalist Burial Ground to the City of Saint John; suggested that the
citizens would support a special fund raising such as that for the Imperial Theatre and
Sports Hall of Fame and requested the City to seriously consider establishing a
charitable organization for the preservation of the Burial Ground, transfer the legal
responsibilities now entrusted to the City of Saint John and let the corporation protect
and secure the nature of the historical burial ground and establish a long-range plan
and raise the necessary funds; and suggested two alternative sites, namely, King's
Square which is the most honoured location in the City and has space on the north side
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of the Square where there is no monument and another consideration is Market
Square, the location where the first Irving offices were located. Mr. Fanjoy noted that
the Genealogical Society passed a motion unanimously opposing any desecration of
the Loyalist Burial Grounds and asked that if his remarks have created any doubts in
the minds of Council that they not approve the Irving statue at this location.
Mr. Joseph Savoie, 152 Duke Street, spoke in opposition to the proposal
and questioned whether Mr. Irving was a citizen.
Dr. Fred Hodges, President of the Multicultural Association of Saint
John, speaking in opposition to the erection of a monument to Mr. Irving in the Loyalist
Burial Ground, suggested that he would be happy to see a memorial given to the
members of the Black community and the unknown people who lie in the graveyard and
questioned who is responsible for the bad condition, and who Council represents; and if
a monument is put there for one man, questioned why there is not a monument to men,
women and children who were born in Canada, lived in Canada, died in Canada, and
were buried in Canada; and that the Loyalist Burial Ground is sacred ground.
Mrs. Joan Pearce, Pelton Road, appearing in opposition to the proposal
advised that it was exactly 21 years ago in 1973 that she stood before Council and
went before the Legislature with the idea of trying to protect a burial ground; her recent
experience before the Private Members Bill Committee of the New Brunswick
Legislature has convinced her that the deal was done and that the hearing tonight is an
exercise in futility; justified her view by outlining the process which took place before
the Law Amendments Committee at which four individuals and groups appeared and
outlined comprehensive objections, based on fact, very little emotion, totally different
than tonight; noted that section 3 of the Act requires descendants having given
permission to enter the gravesite and when representatives of the City were asked if
this requirement caused them concern, their reply was no; that it appeared by the
answers given by the City representatives that there was no proposal and no plan and
it appeared that the strategy of the City was to answer the questions that this was
enabling legislation to allow serious negotiations to proceed and definitive plans were
not available at this time and she understands that to mean that this proposal tonight
was not in the hands of the City at the time they went to the legislature; referred to the
unusual development which took place when after the Committee reported back to the
Legislature and recommended rejection of the amendment in that the proposal was
repudiated by the House Leader and in a relatively rare move the legislation was
presented to the Committee of the Whole; the Irving representatives made a
presentation to just not the Private Members Bill Committee, but the entire Liberal
caucus, and now there is a clause in the legislation which allows the K.C. Irving statue
to be put in the Loyalist Burial Ground; noted that nearly all objections indicate that
opponents are objecting only to the location of the statue, not the statue itself. Mrs.
Pearce briefly summarized her objections as follows, it is an inappropriate use for an
historical burial site, a burial ground, by its nature is a place where bodies are buried, a
private place where tombstones mark the place of burial and are placed in memory of
those within, it is not a public square or a public place and the fact that the City, over
the years, ignored section 4 of the 1848 Act which gave it the responsibility to maintain
the grounds, should not be used for justifying this plan; and the City has not yet
satisfactorily outlined how section 3 of the Act will be followed; there are more
appropriate locations and two are already mentioned, and her third choice is the
property adjacent to the burial ground, owned by the Irvings, between their two office
buildings on Union and Sydney Streets; noted that the Irvings have asked to use the
burial ground on two previous occasions and in both cases Common Council upheld
the spirit and letter of the law when in the late 1940s the Irving interests began
construction of a bus shelter without legal permission and Council directed City Transit
to stop work; questioned who will own the land after this proposal is put into place and
the response given at this meeting that the City will; that the second attempt by the
Irvings came in 1957 when they tried to get a legal right-of-way on the north perimeter
of the graveyard to get access to their building and this was denied by Council;
questioned how much input the City's Heritage Planner had on the issue before Council
tonight; is the burial ground a burial ground or a park, noting that several times tonight it
was called a park by the proponents of this proposal; what commitment does the City
have from the Irving interests to preserve, restore and maintain the burial ground; what
is the proof there are very few bodies there or that bodies have been removed and
reinterred, because no where in Council minutes or any documentation that can be
found has there been any indication bodies have been removed; is it sensitivity to the
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site to have a stone plaza, an 18 foot high statue among small grave stones, brick
footpaths that were not appropriate until just recently on this site; and are the
improvements being placed everywhere or on just the 40% of the burial ground that is
being requested.
Councillor Landers suggested that Council should have had all the input
from all the concerned citizens and groups before requesting an amendment to the
legislation, and assured Mrs. Pearce that she has some very valid questions and has
some very important information that is relevant to what is taking place and agreed
there are some serious questions that have to be answered by Council as the trust that
was placed in Council many years ago. Councillor Coughlan noted that assurance has
been received from Mr. Novell that dignity will be maintained and questioned whether
this can become a gathering place, a place of historical significance that we might all
appreciate much better than the past. Mrs. Pearce responded that her opinion is that
once a graveyard, always a graveyard, "desecration" means out of character and what
is proposed there is out of character; that it doesn't matter to her that the graveyard
looks old, after 200 years it would be expected to look old, however, what bothers her
is there hasn't been any good care taken and it is desecration to her to put anything
there that isn't in keeping with the burial ground. Councillor Rogers questioned when
the Heritage Planner became involved in the project. Mr. Totten advised that
amendments were made to the legislation that permitted City staff to meet with Irving
representatives to review the proposal and it was not until last Thursday that an
opportunity arose for the City staff to meet with Mr. Novell to review his proposal and in
attendance at the meeting were Mr. Robichaud, Mr. Morrison, Mr. Bedford, Mr.
Bezanson, Heritage Planner.
During discussion, and in response to a query of Councillor Rogers
regarding the degree of research presented to satisfy staff, the City Manager stated
that while the degree of information and support for the position taken by staff could be
debated, it was based on the presentation and discussion between the Irving interests
and City staff with respect to how this project would either complete with or complement
the work proposed in the adjoining King's Square, and while it was recognized that the
two projects were different, staff believes that they would be complimentary. Mrs.
Pearce stated she raised the timing of the involvement of the Heritage Planner in the
project as it would seem to her that one of the first things Council would have done
would be to ask the Heritage Planner to react to the proposal. Mr. Totten advised of an
initial meeting attended by the Director of Parks after being contacted by former Mayor
Wayne, and subsequently, it was his position as City Manager that City staff should not
be involved in the project until such time as the legislation was amended. Deputy
Mayor McAlary clarified that Council did not see the plans until a month and a half ago.
Mr. Novell, in responding to points raised by opponents, advised that it
has been suggested that the location is not a park but a burial ground and that it is not
his intention to change the land use of this piece of ground; his historical investigations
show that the park aspect was created in the period 1875 to 1883, long after the burial
ground was closed, which is not something that is unusual as many cemeteries are
open to the public, and have paths, trees, shrubs, flowers, benches and some have
architecture associated with them and do become public amenities; in the period 1875
to 1883 those amenities were provided in the form of foot paths, a fountain, benches,
flower beds and since then electric lighting and a Christmas tree at Christmas time; it is
not their intention to change the use in any way but upgrade the amenity and to allow
people to enjoy the area in the way they always have since that Victorian period under
better environmental conditions; referring to the specific question about evidence that
there had been some exhumations, it does exist in Halifax that some bodies were
removed from the burial ground around 1875 or that period, where they were removed
from and why is supposition, that he said at the same time there was concern about
contamination of the water supply particularly in the area they are now where it is
alleged there were paupers graves and it was overcrowded; referring to the definition of
"desecration" which was given, he advised that in Websters Etymological Dictionary the
term means to treat sacrilegiously, and it is not his intention in any way to be irreverent
to the people who are buried there and pointed out they are proposing these
improvements in an area where improvements have already been carried out, not only
once in the Victorian period but again in 1940 and that the historical context is one of
an evolution of amenity in that area. Responding to the query of whether it is only the
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40% that would receive the treatment, he advised it is certainly the whole of the burial
ground in terms of the upgrading of the paths, the provision of appropriate lighting and
the new park benches.
Councillor Trites noted that until the legislation was amended, which was
enabling in nature, it was not appropriate for Council to be involved in discussions on
the project, and that this is the first opportunity Council has had to hear presentations
on the proposal.
Upon Councillor A. Vincent withdrawing from his seat at the Council
table to address Council from the podium, the City Solicitor stated that pursuant to
Council's Procedural By-Law, members of the Common Council are required to take
their regular seats at a Council meeting, whereupon Councillor A. Vincent returned to
the Council table and spoke in favour of the project.
(Councillor Rogers withdrew from the meeting).
Mr. Stephen Hutchison, President of Uptown Saint John Inc.,
accompanied by several members of its Board of Directors, advised that this proposal
has received unanimous support of the Board; read from the Uptown Strategy Report
which states in section 6.1 titled Uptown Vision under the subtitle of Heritage and
Cultural Vision "our uptown will continue to be a key contributor to our sense of self
worth and pride and our cultural and physical heritage by preserving our physical
heritage including buildings, vistas and places and by providing a focus for the
celebration and creation of our culture". Suggesting that at present, although a sight of
historical significance, the burial ground is badly in need of repair and they suggest it
fails to properly represent our sense of self worth and pride in our cultural and physical
heritage; that his corporation is enthusiastic about the plans to improve the walkways
and lighting of the burial ground and the addition of a beautiful fountain representative
of the hard work and industry of the citizens of Saint John; the proposal demonstrates a
commitment to excellence and attention to detail and to the historical significance of
this site of which the citizens of Saint John will be proud; K.C. Irving was a great builder
of industry in this community and a builder of this community; Uptown Saint John
believes it is appropriate to erect a monument to his memory in this location and in
addition to endorsing this proposal Uptown Saint John calls upon the City of Saint John
to respond in kind to this generous gift and to proceed to restore the gravestones in the
burial ground, consistent with the master plan as described in the proposal; Uptown
Saint John believes that this site can and will stand as a tremendous asset to the City
and to the uptown area, it will be an attraction to tourists, visitors and citizens alike and
will be a key contributor to our sense of pride in our cultural and physical heritage
consistent with its vision for the uptown and calls upon Council to accept this gift on
behalf of the citizens of Saint John.
Mr. Martin Flewwelling, speaking in support of the proposal, advised that
as a concerned property owner and tax payer Council may have an unbiased position
in relation to the number of negatives that have been reflected and certainly with due
respect have been represented this evening, and from his position he on examination
of the architects proposal and having done a fair amount of personal work in and
around the burial ground has a very strong opinion relating to the credibility of the Irving
proposal and felt it was only befitting that he come forward, and without having done a
vast amount of research or preparing an indepth proposal make it obvious from an
individual perspective of where we are in the City and where the sense of pride that
was represented just a very short time back when we were 200 years proud of our
ancestors and where we will hopefully be able to maintain that sense of pride in the
future; that he has a real feeling that the area needs an uplift and for the City to take
that financial burden on without due regard for the overall costs of operation, and
believes it is a gift, a very credible gift, one that shows no sense of disrespect and
every sense of concern for the dead who are buried there and he would encourage it
wholeheartedly.
Mr. Reginald Wanamaker advised that he is from Loyalist stock and has
lived all his life in the uptown area; recalled many years ago when families would come
and enjoy the company of friends while children played around the lovely fountain;
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advised that he has been appalled and disheartened in recent years to see the ongoing
desecration of the few remaining tombstones and how few people actually enjoy this
historic site; that we now have an opportunity to have this area renovated at no cost to
the City and that in talking to friends in the past three weeks 80% are in favour of the
proposal, as well as himself, and that he will continue to respect the memory of those
buried there and he and many others will be proud to enjoy the area while honouring
many Saint Johner's who arrived here in 1783 as we have been doing since the last
burial there 146 years ago. He questioned what alternate plans the City has if the
proposal is not approved to upgrade the Burial Ground.
Mr. John Kearney, 33 Smythe Street, speaking in support of the
proposal advised that the proposal is a great contribution and that Mr. Irving deserves
every honour the citizens can give him.
Mr. Patrick Darrah, Executive Director of the Saint John Construction
Association, speaking in support of the proposal complimented the architect for the
sensitivity he has shown in the presentation this evening; he has concern for the people
who spoke of the desecration, but if you look at the way the project has been put
together, the sensitivity has been addressed in the design and they have presented all
the particular options one would have to take as a municipality in seeing that the
appropriate measures were taken to see that this was done in keeping with some of the
objections made this evening; expressed the opinion that this would be a great
opportunity to improve and honour the people buried there.
Speaking in support of the proposal, Mr. Ron Ogden advised that he
views the present condition of the cemetery as a disgrace and questioned why there
has been such neglect; noting the comment that the area in question is not a park, but
a cemetery, advised that most cemeteries he has seen are out of bounds to the public
and have gates which are locked, but the Loyalist Burial Ground is not enclosed with a
gate and assumed it has always been a public place; suggested that the citizens of
Saint John owe Mr. Irving a tremendous amount of respect and that the City accept the
proposal.
Mr. Dominick Eden, Chairperson, representing of the South Central
Citizens Council, advised that his organization is comprised of 300 people all residents
and families living in the central peninsula; noting that the Irving proposal has been
discussed on numerous occasions by his organization and at an emergency meeting
held Saturday evening they had the opportunity to view the proposal presented to
Council at this meeting; noted that the history of the burial ground has been one of
constant change over the years and they believe the changes demonstrate that public
interaction in the burial ground has always been part of its long-term design and that
the on-going changes have been part of the public design for public space; that this is
also demonstrated in the late 19th century to picnic and spend a day in the burial
ground; there is little dignity in the burial ground, it has become neglected, vandalized
and no longer a people place; the Irving proposal is not a radical change in its present
public use and proposes to rejuvenate and restore the burial ground, to respect the
deceased and in the quality of its design reaffirm its significance in our local heritage.
He further advised that history is always in a state of evolution, today's decisions are
tomorrows historical events and with the passing of K. C. Irving, he has become part of
our heritage and our history and his importance to Saint John cannot be overstated and
is of no lesser importance to Saint John than our Loyalist forefathers and asked what
better citizen is deserving of a memorial alongside out Loyalist descendants; and
advised that as residents of the central peninsula they publicly support a world class
project that all Saint John citizens can be proud of.
Mr. Stephen Alexander, 21 Orange Street, advised that the Loyalist
Burial Ground occupies a significant place in the City, it is important both for its physical
presence and its history and provides us with a strong link with the past; and is
important because it honours those who went before us and commemorates their
efforts to build our city; today we are making another decision about honouring and
commemorating the work of one who went before us, there is little doubt that 100 years
from now the citizens of Saint John will see K.C. Irving as a great man and in many
ways he displayed the same drive and determination for which we honour the Loyalists;
and that he believes history will see K.C. Irving as the most significant man to come
from New Brunswick and we should be honoured that he chose to establish himself in
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Saint John and that his family wishes to commemorate him in the Loyalist Burial
Ground; and urged the City to act favourably on this very modest request from the
Irving family.
Mr. Stephen Appleby, 3 Alexander Street, appeared before Council to
speak in support of the erection of the memorial statue to Mr. Irving in the Loyalist
Burial Ground; noted that he worked for the Irvings for 10 years and during that time
came to understand the magnitude of his accomplishments, the remarkable
continuation by his sons and his irreversible impact on the history of New Brunswick;
and expressed the opinion that the vision, optimism and commitment demonstrated by
the United Empire Loyalists commemorated by the existence of the Loyalist Burial
Ground was shared and remarkably advanced by Mr. Kenneth Colin Irving and his
family.
Mr. John Mason, 188 Germain Street, suggested that the activities and
lack of maintenance in the last 10 years is a far greater desecration than anyone ever
deserved or conceived of and this opportunity to have a renovation and rejuvenation of
the cemetery affords an opportunity to recognize those people who until perhaps six
months ago didn't know very much about; suggested it would be a wonderful
opportunity to place around the fountain some recognition of who is buries there, how
they came to be there, when they came to be there, and thereby honour their memory;
and advised he is strong in favour of the statue and that Council owes it to the
community to do something with the area.
(Mayor Higgins withdrew from the meeting and Deputy Mayor Shirley
McAlary assumed the chair).
The Honourable Jane Barry, Provincial Solicitor General, spoke in
support of the proposal and suggested that it will result in a tasteful, aesthetically
pleasing and historically sensitive enhancement without changing in substance the
important heritage character of the burial ground, yet pay tribute to one of New
Brunswick's most well known figures; and suggested that when Saint John is
experiencing what she views as a renaissance in the uptown area with Harbour Station,
the Imperial Theatre and now the New Brunswick Museum that this can only add to the
wonderful assets we have in the city.
Mr. Vijay Kawatra, Manager of the Saint John Hilton, speaking on his
own behalf in support of the proposal, advised that at a meeting of Uptown Saint John
he said that the City should be proud of what it is achieving, the revitalization of the city;
King's Square is one of the most popular location that tourists are visiting and he
understands the reverence that is to be given to those who came before and feels that
the design that is proposed by the architect will bring about a major change to one of
our most popular and busiest areas, and the way the area looks now there is no
reverence at all, it is disreverence.
Mr. Blake Armstrong suggested that the City take the opportunity offered
by the Irvings and build the development to help uptown and the City of Saint John.
Mr. Darryl Goyetche, General Manager of the Saint John Board of Trade,
speaking in favour of the proposal, advised that the Board has every confidence that
the proponents will treat the area with sensitivity and believe it will be a very positive
development.
(Mayor Higgins re-entered the meeting and re-assumed the chair during
the foregoing presentation.)
Mr. Dennis Beaudet, 272 King Street East, briefly explained why he feels
Council should take this opportunity on behalf of the citizens to show their sincere
appreciation of the outstanding contributions of K. C. Irving by giving their unanimous
support to a once in a lifetime opportunity to honour Mr. Irving by allowing construction
of a memorial statue in the Loyalist Burial Ground; suggested that the location is fitting
because it is next to the Golden Ball Building, his place of business since 1928; noted
that there is no question that the Burial Ground will have to be revitalized and
suggested that the project under the City's and Provinces direction and the Irving's
integrity will be done extremely respectfully, and that this proposal is not a desecration
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but an enhancement and is being done in the spirit of respect by all concerned and will
beautifully revitalize part of our uptown area that very much deserves it.
Mr. Harry Colwell, 49 High Ridge Road, advised that the most salient
comment he heard this evening was a combination of two, one was the contribution of
the Loyalists and secondly the contribution of Mr. Irving and the twinning of those
recognitions over time; advised that he would support this proposal based on the
recommendation by Mr. Mason that recognition on the park site by the Irving family of
where it is and who has predeceased him made a lot of sense and the key to promote
him to make his comments in support were the valid suggestion by Mr. Mason and what
appears to be a significant oversight on the part of the presentation by the Irvings.
Mr. H. Brian Reid, Vice President of Construction for the Imperial
Theatre, advising that the executive committee of the Theatre felt they should go on
record as favouring this proposal for the reasons that the preservation of the dignity of
the site, the intended future use of the facility is in keeping with its history, that people
should use the burial ground and not be an area that people have lost confidence in
and would like to see if restored as part of the uptown.
(Councillor Trites withdrew from the meeting).
Mr. Stephen Carson, General Manager of the Greater Saint John
Economic Development Commission, speaking on behalf of the Commission advised
that the Commission feels this is a good proposal; that it is another part of making a
package which the Commission feels will be second to none to advertise to businesses
across Canada and North America and another reason why Saint John would be such
a great place to do business.
Mrs. Diana Alexander, a business owner in uptown Saint John, advised
that the Loyalist Burial Ground is an appropriate place for the erection of a memorial
statue to Mr. Irving, however, it is important to show respect and honour for our
forefathers; noted that the Burial Ground has deteriorated significantly and does not
reflect well on the City or how we maintain our links with the past; Saint John has a
proud history, a history built on the efforts of the Loyalists and others like them who
created the City and that for years we have portrayed ourselves as the Loyalist City and
took pride in their accomplishments; noted that if the City agrees to the very generous
proposal from the Irving family to restore a part of our heritage the Loyalist Burial
Ground will once again be a place of pride and a place to reflect on our past, a place to
show visitors that we care where we came from and a place worthy to honour those
who went before us; and strongly recommended that the City support the Irving
interests and thank them for their generosity.
(Councillor Trites re-entered during the foregoing presentation).
Mr. Sterling Brown, 357 Maple Row, and owner of a historic business
since 1822, advised he is in full support of the request by the Irving family to erect a
memorial statue to Mr. K. C. Irving in the Loyalist Burial Ground which in his opinion will
enhance the site and draw many visitors; noted that the contributions by the Loyalists
to the City, Province and Canada have not gone unnoticed and likewise the
contribution of Mr. Irving should not be forgotten and asked Council to support the
proposal by the Irving family.
Mr. Harold Wright, 1 Chipman Hill, advised that he cannot support the
proposal at this time, yet he cannot speak against it; that he has spent an enormous
amount of time over the last 14 years studying the Loyalist Burial Ground; that he has
only seen the proposal this evening and asked that Council not make a decision
tonight, he would like to make comments but cannot until he evaluates it based on the
information he has collected. He stated there is an enormous amount of information
that Council and citizens should be aware of both for and against this project, and that
information should be available to Council; noted that the Burial Ground was fenced in,
and is still partially fenced in to this day, up to the 1950s; while there were some few
public uses of the Burial Ground, it was closed to the public most of its history and was
used as just a burial spot; the mound where the Christmas tree grows was developed in
the 1860s and earth was brought in and made specifically so that the spade would not
have to go into the soil as the legal opinion was that any cutting into the ground would
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be desecration; most of the paths were added in this century, there were several
markers in what is considered the pauper section which is much smaller than the
original pauper section; that it is possible to document who is buried there, who was
removed and when, and that he is currently involved in the preparation of a master plan
for several cemeteries; noted that there is a difference between a graveyard and a
cemetery and that the Loyalist Burial Ground is a graveyard; advised that he does
support a memorial to Mr. Irving but will not take a position on whether it should be in
this particular burial ground and requested an opportunity to study the proposal for one
week and bring back information to the Irvings and to Council.
Responding to a query from Councillor Coughlan as to whether he would
have the confidence to work with Mr. Novell and the principals involved in this project to
offer his historical knowledge, if the proposal is approved tonight, Mr. Wright stated that
he feels very strongly since he has an enormous amount of information available that
Council, the Irvings, the supporters and detractors should be aware of before a honest,
rational decision can be made and he is making an offer to provide the information to
Council and to the public.
No other persons were present to speak to the proposal.
On motion of Deputy Mayor McAlary
Seconded by Councillor Knibb
RESOLVED that Common Council accept
the gift from the Irving family and proceed with the project of restoring and upgrading of
the Loyalist Burial Ground and the constructing of a statue of the late K.C. Irving and
that the Irving interests be asked to work with City staff and that the City Manager
report to Council on the progress of the project.
Councillor Landers advised that she is not opposed to a memorial to K.
C. Irving, that Council has had many presentations and there isn't a person in the
Council Chamber that does not feel Mr. Irving should be honoured, however, Council
has heard new information; and her concerns are that Council should look at all
aspects and questioned how Council can in haste make a decision before it has all the
information and asked if everyone could work together for a master plan for the Burial
Ground, and asked that a decision be delayed for one week and suggested that it can
come to a fair and reasonable solution for everyone and give respect to Mr. Irving and
those buried in the Burial Ground. Councillor Coughlan advised that he is satisfied that
the presentation by Mr. Novell on behalf of his principals, and that he will listen to the
people who have spoken in opposition, especially Mr. Wright. Councillor Knibb stated
that Council has had a first class presentation by Mr. Novell, who has answered all
questions raised, and he does not think there is anything to be gained by Councilor the
community delaying any further what is one of the finest offers for the improvement of
our uptown area for provision of an historic statue to Mr. Kenneth Colin Irving and
preservation of an historic burial ground and urged Council to be unanimous in its
support. Councillor Trites advised he has no difficulty on making a decision based on
the presentations Council has heard and suggested that representatives of the Irving
interests may be interested in consulting with Mr. Wright. Councillor Chase stated that
after hearing the presentations, he is prepared to support the project. Councillor
Landers stated that she would like to make this motion unanimous and asked the
decision be delayed for one week. Mayor Higgins advised he felt Council has held a
very fair and open hearing on the proposal and is satisfied with the process followed.
Question being taken, the motion was carried with Councillor Landers
voting "nay".
Following a ten-minute recess, the meeting resumed.
Councillor Trites withdrew from the meeting as he was not present for
the public hearings held on April 25, 1994 regarding items 13 and 14.
13. Municipal Plan & Zoning By-Law Amendment
intersection of ManawaQonish Road and WestQate Drive
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On motion of Deputy Mayor McAlary
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land located at the intersection of Manawagonish
Road and Westgate Drive, having an area of approximately 9 acres, (NBGIC Numbers
469700 which has been further subdivided into NBGIC Numbers 55096382, 55096374,
55096336,55096390,55096408 and 55096416, and NBGIC Number 55098222), from
District Centre Commercial to Low Density Residential classification, be read a third
time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-339 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning (1) a parcel of land located at the
intersection of Manawagonish Road and Westgate Drive, having an area of
approximately 9 acres (NBGIC Number 469700 which has been further subdivided into
NBGIC Numbers 55096382,55096374,55096336,55096390,55096480 and
55096416: and NBGIC Number 55098222), from "B-2" General Business to "R-1A" and
R-1 B" One-Family Residential classification; and (2) an approximately 600 square
metre (6,459 square foot) parcel of land abutting Westgate Drive (NBGIC Number
21949), from "P" Park to "R-1 B" One-Family Residential classification, be read a third
time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-339 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
14. ZoninQ Bv-Law amendment - Acorn Place. WestQate Park Subdivision
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-340 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning (1) approximately 12 acres of land at Acorn
Place, Westgate Park Subdivision (NBGIC Numbers 37911, 37192, 55090708 and
portions of NBGIC Numbers 39739 and 55049365), from "RM-2" High Rise Multiple
Residential, "P" Park and "RS-2" One- and Two-Family Suburban Residential to "RM-1"
Three-Storey Multiple Residential classification, and that pursuant to Section 39 of the
Community Planning Act, the development of any apartment buildings be prohibited;
and (2) a portion of NBGIC Number 37929 from "B-1" Local Business to "P" Park
classification, be read a third time and enacted and the Corporate Common Seal be
affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-340 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Councillor Trites re-entered the meeting and Mayor Higgins and
Councillors Gould and Chase withdrew from the meeting as they were not present for
the public hearing held on April 11, 1994 regarding item 15, and Deputy Mayor McAlary
assumed the chair.)
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15. ZoninQ Bv-Law Amendment - 25. 27 and 29 Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-341 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning three properties located at 25, 27 and 29
Golden Grove Road (NBGIC Numbers 301598,307462 and 300988), from "R-1B" One-
Family Residential to "B-2" General Business classification, be read a third time and
enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the
properties shall be restricted to no other use than a parking lot, which may be used to
provide parking facilities for the existing beverage room/lounge located at 5-19 Golden
Grove Road; (b) adequate site drainage facilities shall be provided and shall meet the
requirements of the Engineering Department and the requirements of the Flood Risk
Area By-Law; (c) the parking area, manoeuvring area and driveway entrance shall be
paved with asphalt and enclosed by continuous concrete curbs; (d) access to the
parking area shall be restricted to one driveway off Golden Grove Road, the exact
location of the driveway entrance shall be subject to the approval of the Engineering
Department and shall include a dropped curb/sidewalk and that curbing of the driveway
entrance shall extend onto the City right-of-way to connect with street curbs and that
the dropped curb/sidewalk for the three existing driveway entrances from Golden Grove
Road shall be removed and replaced with standard curb/sidewalk to the satisfaction of
the Engineering Department; (e) all areas not occupied by the driveway entrance and
parking area shall be landscaped, and the required landscaped area abutting the front
lot lines shall extend onto the City street rights-of-way to the edge of the City sidewalk
on Golden Grove Road and to the edge of the travelled portion of the road on Simpson
Drive; (f) the individual laterals to the existing dwellings shall be bricked and grouted or
removed entirely upon demolition; (g) the site shall be developed in accordance with a
site plan prepared by the proponent of the development and approved by the
Development Officer, indicating the location and dimensions of the parking area,
driveways, landscaped areas and the manner in which the proposed parking area will
be integrated with the existing parking area and no building permit for the parking lot
shall be issued until an acceptable site plan is approved by the Development Officer
and that such site plan shall be attached to the building permit; (h) all site work shown
on the site plan shall be completed within one year of approval of the building permit for
the development; and (i) a board-on-board fence shall be erected and maintained at
the rear of the site between the subject property and the adjacent property located at 9
Simpson Drive.
The by-law entitled, "By-Law Number C.P. 100-341 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Mayor Higgins and Councillors Chase and Gould re-entered the meeting
and the Mayor re-assumed the chair.)
16. Committee of the Whole Report
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on April 25, 1994, when there were
present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers,
McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the
following recommendations, namely:-
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COMMON COUNCIL
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1. That as recommended by the City Manager, (1) Common Council
authorize the necessary advertising to close the portion of Partello Street and the fire
lanes as shown on the submitted plan; (2) if and when closed, the lands be sold to
Josephine McCormick and Audrey Mcintyre under the following terms and conditions:
(2.1) the sale price to be $3,000.00; (2.2) the lands will be consolidated with their
adjacent property at their expense; and (3) agreement to sell this property neither
implicitly or explicitly obligates the City to complete the street closing.
2. That as recommended by the City Manager, Common Council approve
the following exchange of lands with Imperial Oil Ltd.: (1) the City will receive (1.1) 183
square feet of land on the southeast corner of the McAllister Drive/Rothesay Avenue
intersection, shown as Parcel "A" on the submitted plan; and (1.2) a municipal services
easement, totalling approximately 549 square feet at the northwest corner of the
Imperial Oil property, shown as Parcel "B" on the submitted plan; (2) Imperial Oil will
receive approximately 8,127 square feet of land at the Rothesay Avenue/McAllister
Drive intersection, shown as Parcel "C" on the submitted plan; (3) Imperial will pay the
City the sum of $37,400.00; and (4) the City will be responsible for all surveying costs
required to complete this transaction.
May 2, 1994,
Saint John, N. B.
Respectfully submitted,
(sgd.) Thomas J. Higgins,
C h air man.
16(1) Closure of Partello Street and fire lanes
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that section 1 of the
above report be adopted.
Question being taken, the motion was carried.
16(2) Land exchanQe - McAllister Drive and Rothesav Avenue
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.
17. Subdivision - 1850 ManawaQonish Road. MahoQanv Place Subdivision
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council: (1) assent to one or more subdivision
plans, in one or more phases, for the submitted photo-reduced subdivision plan of
approximately fifteen residential lots, as well as to any required municipal services and
utility easements, including a 20-metre (66-foot) future street right-of-way on proposed
Lot 93-27 to provide access to the adjoining Lot 83-1 (NBGIC Number 55024152) with
regard to a subdivision at 1850 Manawagonish Road; (2) amend an assent given on
September 27, 1993 for Stage 2 of Westgate Park, which previously included Lots 93-5
to 93-8 along Westgate Drive, which would allow for the possibility of the development
of up to six residential lots: and (3) authorize the preparation and execution of one or
more subdivision agreements to ensure the provision of the required work, including
any required drainage and site plans for the approval of the Engineering Department.
Question being taken, the motion was carried.
18. Subdivision - Acorn Place. WestQate Park Subdivision
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MAY 2,1994
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the Planning Advisory Committee, (1) Council assent to one or more subdivision
plans, in one or more phases, for the submitted photo-reduced subdivision plan of
approximately sixty-three residential lots and five public streets, as well as to any
required municipal services and utility easements with regard to a subdivision at Acorn
Place; (2) Council authorize the preparation and execution of one or more subdivision
agreements to ensure the provision of the required work, including drainage and site
plans for the approval of the Engineering Department, as well as the development of a
1 O-foot wide paved access from Acorn Drive to Downsview Drive; (3) Council assent to
the proposed exchange of land for public purposes; (4) Council authorize the
preparation and execution of an agreement pursuant to Section 101 of the Community
Planning Act between the City and Ellerdale Investments Limited, which would provide
for the following: (a) allow the developer to provide work within the proposed land for
public purposes areas; (b) regulate the development and use of a future convenience
store located within the proposed commercial lot adjacent to Downsview Drive and the
Pipeline Road, which would exclude any video amusement or gambling machine; and
(c) require the future developer to seek City approval for any development of
townhouses within the subject area, and provide public notification and participation; (5)
that all such work provided by the developer in the above-mentioned Section 101
Agreement pertaining to the development of any land for public purposes area be in
accordance with a site plan approved by the Director of the Parks Department; (6)
Council not approve the development of a pond within the proposed land for public
purposes at the end of Sean Court, as well as not approve the construction of any
water fountain within a public right-of-way or land for public purposes area; (7) Council
approve the renaming of the existing public street of Acorn Place to Acorn Drive; and
(8) Council request staff to consider the feasibility of using the Pipeline Road as the
primary access for construction vehicles and equipment for the proposed development.
Question being taken, the motion was carried.
19. City of Saint John Pension Plan
Retirement of Ralph L. Currie
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the Board of Trustees of the City of Saint John Pension Plan, Common Council
approve the retirement of Ralph L. Currie, an employee of the Police Department, in
accordance with section 9(1) of the City of Saint John Pension Act, the Board having
been supplied with the required medical reports as to his permanent disability.
Councillor Coughlan noted there seems to be a significant number of
young police officers retiring under this section and asked that Council have a report
from the Police Chief or Human Resources as to the number of people who have gone
out under this section relative to other Police Departments. Mr. Totten advised staff will
undertake to provide the information.
Question being taken, the motion was carried.
20. Public Ramp on Canterbury Street
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from Public
Works Canada advising that the Department of Public Works and Government
Services Canada is in the process of renovating the former Postal Station "A" building
at 126 Prince William Street and its Annex which fronts on Canterbury Street; advising
that they would like to make the entrance on Canterbury Street fully accessible for the
physically challenged; that they have had an existing timber ramp for a number of years
on the sidewalk at this location and requesting permission to construct a reinforced
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COMMON COUNCIL
MAY 2,1994
concrete ramp, as indicated on the submitted plan, be referred to the City Manager.
Question being taken, the motion was carried.
21. Letters requesting enabling legislation to license and
reQulate pornoQraphv distribution
On motion of Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that the letters from Dorothy
Cook, Michael and Pamela Burtt, Gordon Dalzell, Brenda Wright, Mr. and Mrs. Robert
Munroe, Jason D. Steeves, Genevieve and Mansfield Wright, Grant and Joyce Folkins,
Major R. E. Janes for the Salvation Army, Rev. M. Garth Maxwell, Marion Perkins for
the Elizabeth Fry Society of Saint John, and the Beta Sigma Phi City Council,
requesting that Council seek enabling legislation to license and regulate pornography
distribution, be received and filed.
Councillor Chase clarified that his previous resolution to have Councillor
Coughlan and the members of the Cities of New Brunswick Association discuss this
was not to get permission from the cities for Saint John to go ahead with a by-law, it
was to get input from them and find out what they are doing in their own communities;
and that Saint John will ultimately be the leader on this issue. Deputy Mayor McAlary
sated she believes the City should proceed to have a by-law regardless of what other
municipalities are doing in this regard.
Question being taken, the motion was carried.
22. The Marco Polo Project
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Barry K.
Ogden of the Marco Polo Project, submitting a letter from the Shiplovers' Society of
Victoria containing a schedule of events for the "Marco Polo" celebrations being held in
Melbourne, Australia, be received and filed and a telegram of congratulations be
forwarded to Melbourne.
Question being taken, the motion was carried.
23. FCM StandinQ Committee re resolutions
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from the
Federation of Canadian Municipalities advising that the two resolutions submitted by
the City of Saint John for consideration at its 1994 Annual Conference have each
received the designation of Category A by the Standing Committee on Policies and
Resolution and can be found in the "Policy Development Book; that resolutions under
Category A and B will be debated and delegates from the City will have the opportunity
to comment on their resolutions during the "Resolutions Policy Session", be received
and filed.
Question being taken, the motion was carried.
24. PURE Citizens Action Group re appointment of Environment Committee
On motion of Deputy Mayor McAlary
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Seconded by Councillor Landers
RESOLVED that the letter from the
members of the Proper Urban & Rural Expansion - Saint John (PURE Saint John)
requesting that Council re-appoint and re-activate an Environment Committee for the
City be referred to the Nominating Committee.
Question being taken, the motion was carried.
25. Saint John North Community Action Group re "stoop and scoop" by-law
On motion of Councillor Coughlan
Seconded by Councillor McAlary
RESOLVED that the letter from the Saint
John North Community Action Group advising that its members support the
implementation of a "stoop and scoop" by-law for the City, be received and referred to
the City Manager.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried with Councillors Landers
and A. Vincent voting "nay".
Common Clerk