1995-05-15_Minutes
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MAY 15,1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifteenth day of May, AD. 1995, at 7:00 o'clock p.m.
present
Thomas J. Higgins, Mayor
Councillors Chase, Coughlan, Gould, Knibb, 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, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Infrastructure Services; P. Groody,
Commissioner of Human Resources; S. Bedford, Commissioner
of Development Services; W. Butler, Commissioner of
Community Services; S. Armstrong, Director of Engineering; D.
Logan, Purchasing Agent; J. Baird, Manager, Community
Planning; K. Galbraith, Manager, Public Affairs; D. Sherwood,
Chief of Police; G. Tait, Fire Chief; Mrs. M.E. Gray, Executive
Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and Ms.
C. Joyce, Assistant Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor Higgins called the meeting to order, and Reverend Tim Davidson
of the Harvest Christian Fellowship, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on May 1, 1995, be approved.
Question being taken, the motion was carried.
3. Munieipal Plan Amendment
80 DouQlas Avenue
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at
80 Douglas Avenue (NBGIC Number 368845), from District Centre Commercial to
Medium Density Residential classification, to permit re-zoning of the parcel of land from
"ID" Integrated Development to its pre-1992 zoning of "RM-1" Three-Storey Multiple
Residential classification, and use of the existing building as a one-family dwelling, as
requested by Peter Auvinen and Valerie Auvinen.
4. Munieipal Plan Amendment
120 Main Street (North)
Public presentation was made of a proposed Municipal Plan amendment
(as amended by the North End Neighbourhood Plan) to redesignate on Schedule 2-A,
the Future Land Use Plan, a parcel of land located at 120 Main Street (North) (NBGIC
Number 374165), from Medium Density Residential to Commercial classification, to
permit re-zoning of the same parcel to a "B-2" General Business zone and the
conversion of the building for office use, as requested by Richard Hickey.
5. Mavor's Remarks
Mayor Higgins noted the forthcoming air show on May 30 featuring the
Canadian Forces Air Demonstration Squadron, the Snow Birds, at the Saint John
Airport; and proclaimed Sunday, May 21 to be Courtenay Clark Day in recognition of
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her wish granted to her by the New Brunswick Chapter of the Children's Wish
Foundation of Canada, to attend the Alan Jackson Concert; May 22 to 28 to be Missing
Children's Week, May 25 being National Missing Children's Day in Canada and the
United States, in recognition of Child Find New Brunswick and the Missing Children's
Society of Canada; and May 22 to 28 to be Duke of Edinburgh Award Week, in the City
of Saint John. Mayor Higgins commented on the plans for the three-year
commemoration of the 150th anniversary of the Great Irish Famine, which is beginning
this spring by the launching of a book, "Partridge Island: A Gateway To North America",
and urged all citizens of the City of Saint John to support the efforts of the Great Irish
Famine 150th Anniversary Commemoration Committee.
Mayor Higgins noted that, for the past several years, the City has
selected citizens to receive Honourary appointments to the ancient Charter offices for a
period of one year in recognition of their contribution to the City through their volunteer
efforts; and, having noted the accomplishments of the appointees for 1995, presented
Certificates to the following Honourary Charter Officials for the year May 18, 1995 and
1996:- Barry Ogden - Warden of Port; Eric Kipping - Pilot; Reginald Wanamaker - Bell
RinQer; Jack McNamara - GauQer; Barbara Holt - Surveyor of Bread; Sterling Brown -
Surveyor of HiQhwavs; Catherine Somerville - Surveyor of Fish; Reverend Lloyd
Lake - Inspeetor of Timber; Ida LeBlanc - Inspeetor of Commodities; David Peters -
Inspeetor of Food Stuffs; and Steven Fowler - Survey of Provisions. The Mayor
advised that Murray Beesley, who is being named Port Master, was unable to be
present at this meeting and would receive his Honourary Certificate at a later date.
Mayor Higgins advised that it has come to his attention that, with the
power vested in him as the Mayor of the City of Saint John by the City Charter of 1785,
he can appoint a common crier for the City, and that Councillor Knibb has agreed to
accept this appointment; and, having read the inscription on a framed certificate,
appointed Councillor Knibb as a Common Crier for the City of Saint John, effective May
15, 1995 to continue in such office in accordance with the City Charter.
Having been recognized by the Mayor, Mr. Charles Swanton, President
of Uptown Saint John Inc., appeared before Council and presented to Mayor Higgins,
on behalf of the Board of Directors and staff of Uptown Saint John Inc. as a memento
of their appreciation, a framed collection of Uptown Saint John Inc.'s most recent series
of pewter ornaments, A Holiday Tradition of Uptown Saint John, depicting six
recognized land marks in the City of Saint John, which Mayor Higgins accepted with
appreciation.
Councillor Coughlan expressed appreciation for having had the
opportunity of serving as a member of the Common Council of the City of Saint John.
Deputy Mayor McAlary presented to Mayor Higgins, on behalf of
Common Council and senior staff of the City of Saint John, a framed photograph of
Mayor Higgins, in appreciation for his dedication and outstanding commitment to the
City, and advised that a duplicate larger-framed photograph would be displayed in the
Council Chamber. Mayor Higgins thanked the members of Common Council for the
respect and co-operation shown him and, having wished success to Mayor-Elect
Shirley McAlary and the returning members of Common Council, thanked his fellow
Council members who would not be returning for their efforts on behalf of the citizens
of Saint John, as well as the members of management and all City workers.
Councillor Rogers expressed appreciation for having had the experience
of being a municipal councillor; and Councillor A Vincent extended thanks for having
had the opportunity to serve Council for 24 years and congratulated those persons who
were elected to Council in the May 8 municipal election.
5A. Munieipal Eleetions Aet
On motion of Councillor A Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor
A Vincent requesting that Council have an open and frank discussion on the New
Brunswick Municipal Elections Act with respect to the following:- (1) an amendment to
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the Act with respect to wheelchair access to polling stations; (2) the timing of
enumeration and voters' list availability; (3) availability to candidates of a street key of
names and street numbers for each poll; (4) availability to candidates of Saint John of a
map with poll boundaries outlined; (5) a candidate deposit; (6) a candidate deposit re
signs; and (7) a ward system -- be referred to the incoming Council for consideration
and a recommendation.
Question being taken, the motion was carried.
6. Progress Payment - HV AC
System Fire Station #1
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, authority be granted for payment of the following construction
progress certificate, namely:-
1.
Contract PC101589-
Fundv Ventilation Ltd.
HVAC System, Fire Station #1
Original contract amount
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress
Estimate Number 1, dated May 11, 1995
Holdback release.
Nil
14,125.30
$ 2,492.70
$16,618.00
16,618.00
Question being taken, the motion was carried.
7. ProQress Payment Contraet 92-25
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, authority be granted for payment of the following construction
progress certificate, namely:-
1.
Contract 92-25, CoburQ Street
QM Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 5
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 5, dated May 8, 1995
Final holdback release.
$ 2,000.00
$113,811.50
123,725.77
Nil
121,725.77
2,000.00
130.84
Question being taken, the motion was carried.
8. Seeurity For Rehabilitation of
Gravel Pit 107 TwiliQht Avenue
On motion of Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $15,000 be accepted from Joseph Steele as security to ensure the
rehabilitation of the gravel pit located at 107 Twilight Avenue (NBGIC Number 353185).
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Question being taken, the motion was carried.
9. Repairs To Truek
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, staff be authorized to purchase a rebuilt 6-cylinder Cummins Diesel
engine from Cummins Diesel, Fredericton, for the net amount of $13,836 (plus tax), to
repair vehicle #638, a 1988 International dump body truck.
Question being taken, the motion was carried.
10. Tender For Grade RinQs
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Strescon Ltd., being the lowest in every case as indicated
in the submitted summary of bids, be accepted for the establishment of a supply
agreement for a period of one year for the provision of precast concrete grade ring
segments.
Question being taken, the motion was carried.
11. Tender For Ride-On Mower
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Thornes Ltd., in the amount of $16,994.88 (plus
taxes), be accepted for the supply of one new ride-on mower.
Question being taken, the motion was carried.
12. Proposal For Trunk Radio System
Consideration was given to a report from the City Manager submitting a
copy of a report submitted to Committee of the Whole on January 16 with regard to a
Protective Services radio system at which time Council authorized staff to enter into
negotiations with NB Tel for the purchase of radio communications equipment needed
for the implementation of an 800 Mega Hertz Trunk Radio System, as well as a copy of
the proposal negotiated with NB Tel; advising that the total cost to provide all City
departments with access to an 80 Mega Hertz Trunk Radio System is $1,232,354.75
(plus taxes) and, as demonstrated in the submitted summary, this negotiated price,
which reflects a savings of $53,878.25 off the listed prices, is applicable only if all City
departments participate in trunk radio at the same time; and explaining that, further to
staff's identification of $950,000 in the proposed 1996 Capital Budget for trunk radio,
staff recommends that Council consider payment in full of $1,232,354.75 in the 1995
Capital Program as this would entail allowing an over-expenditure in the 1995 Capital
Program which would be partially offset by the $950,000 earmarked for this program in
1996 and the short fall in funding of $282,354 will be addressed when the 1996 Capital
Budget is finalized, unless other Capital Programs are underspent in 1995.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the proposal of NB Tel be accepted for the provision of 800 Mega Hertz
Trunk Radio Communications for all City departments and that staff be authorized to
overspend the 1995 Capital Program by the necessary funds.
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Question being taken, the motion was carried.
13. Tender For Petroleum Produets
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender for the establishment of a supply agreement for a
period of one year for the provision of petroleum products to both the City of Saint John
and Saint John Transit be awarded to the low tenderer in each case, as indicated in the
submitted summary of bids.
Question being taken, the motion was carried.
14. Spruee Lake Trailer Park
Read a report from the City Manager referring to the City's agreement to
make a cost contribution to the installation of a gravity sewer system to connect the
private mobile home park located on Ocean Westway to the City's trunk sanitary
system and to undertake to bill each residential unit directly for water and sewerage
services consistent with other residential properties, and the owner's agreement to,
among other things, install the necessary sewer system to the City's standards and
specifications; advising that the subject sewer system was installed by the owner,
under the supervision of City staff, and was completed and made operational as of
November 30, 1994; also advising that an offer made to Daly Convenience Stores
Limited on February 24, 1995 to have the City's contribution established as $13,403.62
has been accepted as of March 29, 1995, subject to the approval of Common Council;
and submitting a recommendation for approval of the submitted agreement.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, (1) the submitted agreement between the City of Saint John and
Daly's Stop N' Shop Ltd. be approved with respect to the sewage system in the mobile
home park on Ocean Westway, and that the Mayor and Common Clerk be authorized
to execute all related documents; and (2) payment be made to Daly Convenience
Stores Limited in the amount of $13,403.62 as the City's contribution to the project.
Question being taken, the motion was carried.
15. Hortieultural Assoeiation's Request
For Funds For Roekwood Park CampQround
Consideration was given to a report from the City Manager submitting a
recommendation further to the February 20 presentation to Committee of the Whole by
the Saint John Horticultural Association on a proposed 5-year plan for improvements to
the Rockwood Park campground.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, the Saint John Horticultural Association be informed that consideration
will be given to include $5,000 in each of the Capital Budgets from 1996 to 1999 for
improvements to the Rockwood Park campground and that, if possible, a contribution
will be made later this year, if required and if the 1995 Capital Budget will otherwise be
underspent.
Question being taken, the motion was carried.
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16. Ross Memorial CUP
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, up to $2,400 be approved in 1995 to be expended from the Lewden
R Ross Trust for the purpose of staging the Ross Memorial Cup Rowing Race.
Question being taken, the motion was carried.
17. Infrastrueture Program - Wastewater
Colleetion And Treatment Proieets
Read a report from the City Manager providing a project breakdown and
other information with respect to the Western Beaches and North End area wastewater
collection and treatment projects on which staff bases its recommendation that the City
construct the Western Beaches project with an estimated total cost of $5,250,000;
advising that, if the estimated cost of $620,000 to design the North End projects is
added to the Western Beaches cost, the estimated total expenditures will be
$5,870,000 and that, when the projects are tendered and the final construction costs
can be refined, staff will identify additional projects if required in order to spend all of
the $6,000,000 Infrastructure funds allocated to this project; also advising that the cost
estimate of $250,000 to obtain the necessary easements and property for the Western
Beaches project is not eligible for funding under the Infrastructure Program; and
submitting a recommendation for Council's consideration.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the City submit to the Management Committee for Infrastructure
funding approval the following list of work and any portion of the North End work which
will fully utilize the $6,000,000 allotted for wastewater works under the Infrastructure
Program:- gravity sewer from Lancaster wastewater treatment facility to Duck Cove and
the Manawagonish Creek trunk sewer, in the late summer of 1995 - $1,150,000 gravity
sewer from Duck Cove to Sea Street and Dufferin Row in spring and summer of 1996 -
$950,000 Lower West Side collector sewer from City Line to Market Place in the spring
and summer of 1996 - $850,000 forcemain from the pump station on Market Place
to Chapel Street in the summer of 1995 - $300,000 pump station on Market Place in
summer 1995 and complete in the spring of 1996 - $2,000,000.
Question being taken, the motion was carried.
18. Bond Issue - The Power Commission
Of The City Of Saint John
Read a report from the City Manager submitting a letter from Mr. RA
Burpee, General Manager of The Power Commission of The City of Saint John,
requesting the City to obtain $2.5 million in long-term serial debentures from the New
Brunswick Municipal Finance Corporation for capital expenditures to the existing
distribution system; recommending adoption of the proposed resolution in this regard.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the New Brunswick
Municipal Finance Corporation be requested to finance $2,500,000 on behalf of The
Power Commission of The City of Saint John in the form of 1 O-year serial debentures,
with a fifteen-year amortization repayment schedule:
AND FURTHER that all costs associated with the bond issue be the
responsibility of The Power Commission of The City of Saint John.
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Question being taken, the motion was carried.
19. Arehiteetural Serviees - Harbour
Station Pedway Stairwell Enelosure
Read a report from the City Manager advising that, further to Council's
approval on May 1 of the 1995 Capital Works Program for Facilities / Buildings which
included funds for the construction of a new stairwell enclosure from the pedway link to
Harbour Station, the Harbour Station Commission and staff met with Peter MacKenzie
of Comeau MacKenzie Architecture to discuss the details including various options,
cost implications, schedule of design and construction, etcetera, and that, due to time
constraints, the Commission wishes to proceed with the project as soon as possible
and, as Comeau MacKenzie Architects has the expertise and understanding of the
problem related to the pedestrian traffic congestion, is recommending that the City
engage the services of Comeau MacKenzie Architecture immediately; and submitting a
recommendation in this regard.
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, Common Council approve the engagement of services of Comeau
MacKenzie Architecture and proceed immediately to complete the design of the
proposed stairwell enclosure to the Harbour Station pedway system.
Councillor Rogers spoke against the above motion on the basis of the
principle of an open and fair tendering system in that, in engaging the firm in question,
other architectural firms in the City would not be given an opportunity to bid.
Question being taken, the motion was carried with Councillor Rogers
voting "nay".
20. CCO January 3, 1995 - Quit
Claim Deed To Tobias Foods Ltd.
Read a report from the City Manager recommending an amendment to
Common Council resolution of January 3, 1995 authorizing a quit claim deed to Tobias
Foods Ltd., as the solicitor for Tobias Foods Ltd. has requested that the name of the
grantee in the quit claim deed be changed to Raydor (1988) Limited which holds title to
the subject property on Somerset Street, with Tobias Foods Ltd. being the lessee of the
subject property.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council resolution of January 3, 1995 authorizing a quit claim
deed to Tobias Foods Ltd. with respect to property on Somerset Street, be amended by
deleting the name Tobias Foods Ltd. as grantee and replacing same by inserting the
name Raydor (1988) Limited.
Question being taken, the motion was carried.
(Mayor Higgins withdrew from the meeting as he was not present for the
October 17, 1994 public hearing of a proposed amendment to the Section 39
agreement with respect to 515-519 Westmorland Road, whereupon Deputy Mayor
McAlary assumed the chair.)
21. Amendment To Seetion 39 Agreement
Re-ZoninQ 515-519 Westmorland Road
Consideration was given to a report from the City Manager regarding the
application of McAllister Place Limited (Tritor Developments Ltd.) for an amendment to
the Section 39 agreement for McAllister Place at 515-519 Westmorland Road which
would increase the size of the mall by up to 200,000 square feet from the existing
approved maximum of 451,000 square feet to an expanded total of 651,000 square
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feet, the public hearing having been held on October 17, 1994 at which time Council
adopted the Planning Advisory Committee's recommendation authorizing City staff to
work with the proponent to prepare the specific amendments to the Section 39
agreement based on the results of detailed studies with respect to retail market, traffic
and storm water management; advising that the Company has decided to proceed with
a much smaller expansion of the mall, consisting of a new Sobeys Store of
approximately 45,000 square feet, which would result in a total mall area of
approximately 478,000 square feet which is only 27,000 square feet, or 6%, larger than
presently approved on the basis of previous detailed studies which included support for
a food store slightly larger than the size now proposed and the new road is also not
being proposed at this time. The report submits a map indicating the location of the
proposed addition; and explains that, as the Planning Advisory Committee has already
recommended approval of a major expansion of McAllister Place which was approved
in principle by Common Council following the October 17 public hearing, the proposed
Sobeys Store is a small portion of that proposed expansion and therefore does not
require further review by the Committee. The report cites the current section 1 of the
Section 39 agreement; and submits a recommendation for Council's consideration.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the Section 39 agreement between Tritor Developments Limited and the
City of Saint John, dated February 18, 1988, be amended by deleting the existing
section 1 and replacing it with a new section 1 as follows:-
"1. The Specific Proposal of the Developer includes an expansion of the
McAllister Place Shopping Mall from its present (February 18, 1988) floor
area of approximately 211,000 square feet to a maximum floor area of
approximately 478,000 square feet, together with parking facilities for
approximately 2,450 cars.";
and that the Mayor and Common Clerk be authorized to execute the said amendment
to the agreement.
Question being taken, the motion was carried.
22. Munieipal Plan Amendment &
Re-ZoninQ 1595 Sand Cove Road
Consideration was given to a report from the City Manager referring to
the application of Irving Pulp & Paper, Limited, for a Municipal Plan amendment and re-
zoning of property on Sand Cove Road (Sheldon Point), which is on the agenda for
consideration at this meeting under item 29; advising that, while a public hearing could
be scheduled as early as June 19, the proposal is a significant project which is in the
midst of a full Environmental Impact Assessment (EIA) and, therefore, important
environmental information is not available at this time, and the New Brunswick
Department of the Environment has also advised that it will not be in a position to
provide comments on the proposal until its Technical Review Committee has had an
opportunity to review the EIA report; also advising that the applicant's representatives
anticipate that the EIA report will be completed within the next two to three months; and
recommending that a date for the public hearing not be set at this time and that the
application be tabled until the environmental information is received.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, a date for the public hearing of the application of Irving Pulp & Paper,
Limited, for a Municipal Plan amendment and re-zoning of property on Sand Cove
Road, not be set at this time and that the application be tabled until the environmental
information is received.
Question being taken, the motion was carried.
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29. Munieipal Plan Amendment &
Re-ZoninQ Sand Cove Road
Read 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 Irving Pulp & Paper, Limited,
concerning a parcel of land located on the south side of Sand Cove Road and an area
extending from Sand Cove Road to the Bay of Fundy, have been completed and the
date for objections expired on May 10, 1995, and the submitted written objections has
been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the advertising for a
public hearing of the application of Irving Pulp & Paper, Limited, for a Municipal Plan
amendment and re-zoning of property on Sand Cove Road, be delayed until such time
as there is further information on the environmental impact assessment.
(Councillor Coughlan withdrew from the meeting.)
Question being taken, the motion was carried.
23. StandinQ Committee On Transport
Read a report from the City Manager referring to the recent hearings on
marine issues held by the House of Commons Standing Committee on Transport at
which Deputy Mayor McAlary, the Port of Saint John and the Coast Guard Service
made presentations on March 16; commenting on the recommendations proposed by
the Standing Committee which would be incorporated in a new National Marine
Transportation Act; and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City of Saint John join with the Federation of Canadian Municipalities
in studying those recommendations proposed by the Standing Committee on Transport
which would affect municipal taxation, while at the same time allowing the remittance of
a divided payment to Ottawa.
Question being taken, the motion was carried.
24. Easement 314-316 Duke Street West
Consideration was given to a report from the City Manager submitting a
letter from the Legal Department advising of a request from Michael H. Bamford,
solicitor for the owners of 314-316 Duke Street West, for an easement to permit the
encroachment of the foundation of the building on Duke Street West; and
recommending adoption of the submitted resolution.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the payment of one dollar ($1), to execute a
grant of easement in favour of Kenneth J. Butler and Patricia A Butler, his wife, the
present owners, to permit the encroachment of the northeast corner of the foundation
of their building at 314-316 Duke Street West upon Duke Street West, such easement
to terminate with the destruction or removal of such encroachment.
Question being taken, the motion was carried.
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25. Capital Budget Work Programs
Munieipal Operations Department
Read a report from the City Manager providing the detailed information,
or work programs, which outline which streets are to be reconstructed and which
portions of the City's water and sewer systems are to be rebuilt as provided for in the
1995 Capital Budget for programs administered by Municipal Operations; listing
projects presented in the submitted Schedules A to H, and highlighting the Work
Programs. The report comments on the fact that, in future, all street name signage will
be bilingual to be phased in over time as street name signs are replaced as the Civic
Addressing Program proceeds to identify further changes, and staff's intention, where a
construction project takes place in the Capital Program, to replace all such signs in
bilingual fashion as a part of the construction of that particular section of the street so
as to speed the implementation of the signage process; and recommends approval of
the submitted work programs.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the work programs for various budget areas, as indicated on the
submitted Schedules A to H, be approved in the total amount of $10,743,000.
(Mayor Higgins re-entered the meeting and reassumed the chair.
Councillor Coughlan re-entered and Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
26. Heart And LunQ Aet
Consideration was given to a report from the City Solicitor referring to the
outstanding dispute over the City's so-called Heart and Lung Act regarding pensions to
spouses of fire fighters who retire under that Act, as well as to the application to the
Court for an interpretation of the relevant sections of the Act; and expressing the
opinion that, as the Municipalities Act was recently amended to give municipalities more
flexibility in dealing with pension benefits, Council can resolve this matter by adopting
the submitted resolution.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the following resolution
be adopted, namely:-
"WHEREAS the Council, by resolution passed on September 11, 1989, resolved
to approve payments by the City to spouses of firefighters who retired under an
Act RespectinQ The Saint John FirefiQhters' Association, c. 169 S.N.B. 1960
(FirefiQhters' Act) of the difference between the amount they are now, or will be
receiving under the City of Saint John Pension Act, then or now in force, as a
result of a decision by the Board of Trustees under the said Pension Act on
August 31, 1989 and the amount they would be receiving under the previous
interpretation of FirefiQhters' Act pending determination of an application to be
made to the court for an interpretation of the FirefiQhters' Act;
AND WHEREAS the City is not desirous of pursing the matter of the courts;
NOW THEREFORE BE IT RESOLVED THAT:
(1) Subject to section 2(3) of the FirefiQhters' Act, the City will pay to the
persons mentioned in Schedule "A" hereto the difference between the amount
now being paid to them under the Pension Act and the amount of pension they
were receiving on August 31, 1989;
(2) Subject to section 2(3) of the FirefiQhters' Act, the City will pay to the
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dependents of the former members of the Fire Department listed in Schedule
"B" the difference between the amount such dependents may become entitled
to receive upon the deaths of the former members listed in Schedule "B" under
the Pension Act and the amount of the pensions that the former members will
be receiving on the date of their deaths.
(3) This resolution will not apply to the dependents of members of the Fire
Department who in the future retire under the FirefiQhters' Act."
Schedule "A"
Mrs. E. Joan Campbell
Mrs. Sharon Byrne
Mrs. Shirley Shelley
Mrs. C. Alberta MacFarlane
Mrs. Mary Lowe
Mrs. Doris French
Mrs. Angela MacKenzie
Mrs. M. Louise Ewart
Mrs. Winnifred Steeves
Mrs. Mary E. Olsen
Mrs. Edith Daley
Ms. Grace Lawson
Schedule "B"
Mr. Lawrence D. Ferris
Mr. Robert D. Taylor
Mr. James Barry
Mr. Norman Clark
Mr. Murray McCauley.
Mr. Gordon Jenkins
Mr. Arthur B. McLaughlin
Mr. G. Murray King
Mr. AW.C. Robertson
(Councillor Trites re-entered the meeting.)
In response to Councillor A Vincent, Mr. Rodgers explained that page 3
of his above report was replaced with a page containing an up-to-date list obtained
from the Commissioner of Finance's office earlier this date (copies of the replacement
page having been distributed to Council members in Committee of the Whole earlier
this date); and Mr. Wilson advised that, having been away last week and not having
seen the City Solicitor's report until this morning and in comparing the names to those
currently receiving the pensions, he had the list updated to the current list, and it
appears that the list used by the City Solicitor was perhaps relevant to a few years ago
when the issue was last addressed by Council and there have been changes since
then as some of the fire fighters have passed away and their spouses would not be
protected in the above resolution, and there was one spouse on the original list who
has passed away and the name was removed.
Question being taken, the motion was carried.
27. Re-ZoninQ 567 MillidQe Avenue
Read a report from the City Solicitor referring to the letter considered by
Council at its April 24 meeting from Mr. W.S. Reid Chedore, solicitor for Jack and Jill
Day Care & Kindergarten Ltd. requesting that Council take whatever steps are available
and necessary so that the property at 567 Millidge Avenue maintains its existing "IL-1"
Neighbourhood Institutional zoning; and expressing the opinion that, because the
Zoning By-Law has been enacted and the property has been re-zoned to "B-2" General
Business, Mr. Chedore should be informed that, in order for the property to be "IL-1"
Neighbourhood Institutional zone, an application should be resubmitted for the
necessary re-zoning, as there is no provision in the Community Planning Act to delay
indefinitely the filing of the amendment so as to retain the original re-zoning.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the above report from
the City Solicitor be received and filed and Mr. Reid Chedore be informed that, in order
for the property at 567 Millidge Avenue to be "IL-1" Neighbourhood Institutional zone,
an application should be resubmitted for the necessary re-zoning, as there is no
provision in the Community Planning Act to delay indefinitely the filing of the
amendment so as to retain the original re-zoning.
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(Councillor M. Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
28. Munieipal Plan Amendment And
Re-ZoninQ 2412 Loeh Lomond Road
Read 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 Frederick Leon Corscadden,
concerning property located at 2412 Loch Lomond Road, have been completed and
the date for objections expired on May 10, 1995, with no written objections having been
received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the application of Mr.
Frederick Leon Corscadden for a Municipal Plan amendment and re-zoning of 2412
Loch Lomond Road 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 Tuesday, July 4, 1995.
Question being taken, the motion was carried.
The Mayor noted that item 29 was considered earlier in the meeting.
30. 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 May 1, 1995, when there were
present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb,
Rogers, Trites, A Vincent and M. Vincent, and your Committee submits the following
recommendations, namely:-
1. That as recommended by the City Manager, the responsibilities and staff
of the Parks Division be assigned to the Department of Community Services, in an
effort to recognize the future trends in the municipality's approach to delivering these
services.
2. That as recommended by the City Manager, Common Council approve
the amendments to the Vehicle Policy as set out in the body of the submitted report;
and that Common Council support the principle that the community would be better
served by the municipality adopting a practice of differentiating the service being
provided by distinguishing service vehicles by colour.
3. That as recommended by the City Manager, Common Council (1)
authorize the public advertising and notification to the Province of New Brunswick of its
intent to consider closing the portion of Raynes Avenue identified as Parcel 1 on the
submitted map; and (2) authorize the calling for development proposals for the sale of
Parcel 1 with proposals to include a plan for the development of the land, the notice to
include a statement to the effect that the calling for proposals does not bind Council to
close any or all of the street which will be the subject of the tender call.
4. That as recommended by the City Manager, Common Council authorize
the Mayor and Common Clerk to execute a letter of agreement with Market Square
Leaseholds Ltd. granting permission to locate a stage for the purposes of providing.
entertainment on North Market Wharf, subject to the terms and conditions contained in
the submitted draft agreement.
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COMMON COUNCIL
MAY 15,1995
May 15, 1995,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
30.1. Organizational Issue - Assignment
Of Parks To Community Serviees
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
30.2. Amendment To Vehiele Poliey
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.
30.3. Street Closing By-Law
Amendment - Raynes Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
30.4. Summer Aetivities
North Market Wharf
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
31. Seetion 101 Agreement
104 Conifer Creseent
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council authorize the execution of an
agreement between the City and Jean M. Coates, pursuant to Section 101 of the
Community Planning Act, which includes the conditions imposed by the Committee with
respect to the property at 104 Conifer Crescent as follows:- (a) the second mobile
home will be placed no closer than 15 feet from the existing mobile home and must not
be connected to the existing mobile home by any structure, except that unenclosed
deck may be constructed between the two mobile homes; (b) the only occupants of the
second mobile home on the lot will be the applicant's son and family; (c) the applicant
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COMMON COUNCIL
MAY 15,1995
agrees to refrain from either seeking a subdivision of the property or having a
subdivision sought on her behalf; and (d) the second mobile home will be removed,
including all hydro, water and sewer service connections, within eight weeks of the
following occurring: (i) neither the applicant's son nor her son's wife occupies the
second mobile home as his/her residence; or (ii) the mobile home currently existing on
the property is no longer occupied by the applicant, whichever occurs first.
Question being taken, the motion was carried.
32. Minister of Transportation
Provineial Fine Strueture
Read a letter from The Honourable Sheldon Lee, Minister of
Transportation responding to Common Council resolution of March 20, 1995 requesting
the Province to amend the Motor Vehicle Act to allow the Provincial fine structure to
apply to municipal by-laws enacted under the Act; advising that some discussions with
some municipalities have been taking place recently with regard to increasing the
maximum allowable fine covering municipal by-law infractions and, as this would
require changes in legislation, he has asked staff to prepare a report for him for
consideration by government and that a solution could enable municipalities to set
more effective escalating fine structures than those which are presently available to
them within the $50 maximum; and concluding that he trusts this will be of assistance to
the City with particular regard to the Gravel Pits and Quarries Strategy and also relating
to the enforcement of other by-laws.
On motion of Councillor Coughlan
Seconded by Councillor Chase
RESOLVED that the letter from The
Honourable Sheldon Lee, Minister of Transportation, responding to Common Council
resolution of March 20, 1995 requesting the Province to amend the Motor Vehicle Act
with respect to the municipal fine structure -- be received and filed.
Question being taken, the motion was carried.
33. Minister of Advaneed Edueation
And Labour Re R. Campbell's Report
On Munieipal Colleetive BarQaininQ
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that the letter from The
Honourable Camille H. Theriault, Minister of Advanced Education and Labour,
responding to Common Council resolution of March 27, 1995 on Raymond Campbell's
report and recommendations on municipal collective bargaining in New Brunswick; and
advising that his Department, in conjunction with the Department of Municipalities,
Culture and Housing, is presently in the process of reviewing the report and
recommendations and the parties involved in the process will be advised of the
Government's response to the report in due course -- be received and filed.
(Councillor M. Vincent re-entered the meeting.)
Question being taken, the motion was carried.
34. Stephen Bedford's Resignation
Uptown Saint John Ine. Board
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the memorandum from
Mr. Stephen Bedford advising that, as a result of his resignation from the City of Saint
John and his leaving the City at the end of May, he will not be able to continue in his
role as a Board member of Uptown Saint John Inc., effective May 4 -- be referred to the
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Nominating Committee.
Question being taken, the motion was carried.
35. Royal United Serviees Institute
Of New Brunswiek - VE-Day
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr.
Kenneth Johnston, Chairman of the VE-Day Committee, Royal United Services Institute
of New Brunswick, thanking the City for its encouragement and support of the Institute's
plans and observances commemorating the 50th anniversary of Victory in Europe, with
special thanks to City staff person, Kenneth Galbraith -- be received and filed.
Question being taken, the motion was carried.
36. Loyalist City Towing Ltd.
Seetion 39 Amendment
Re-ZoninQ 365 Ashburn Road
On motion of Councillor A Vincent
Seconded by Councillor Rogers
RESOLVED that the application of
Loyalist City Towing Ltd. for an amendment to the Section 39 re-zoning of 365 Ashburn
Road 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 Tuesday, July 4, 1995.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk