1995-10-23_Minutes
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COMMON COUNCIL
OCTOBER 23, 1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of October, AD. 1995, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; J. C. MacKinnon,
Commissioner of Environment and Development Services; W.
Butler, Commissioner of Community Services; S. Armstrong,
Director of Engineering; W. Edwards, Building Inspector; D.
Logan, Purchasing Agent; S. Lodhi, Manager, Real Estate and
Facilities Management; G. Tait, Fire Chief; A Martin, Assistant
Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms.
C. Joyce, Assistant Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend Philip Ward of
St. Luke's Anglican Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting
of Common Council, held on October 16, 1995, be approved.
Question being taken, the motion was carried.
* Added Item
The Mayor called for a motion to add to the agenda of this meeting a
letter from her (copies of which were distributed to Council members at this meeting)
regarding the Quebec referendum.
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that the above-mentioned letter
be added to the agenda of this meeting for consideration as item 3A
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary proclaimed October 23-29 to be 1.0.D.E. Awareness
Week, and October 24 to be United Nations Day in the City of Saint John; and
reminded citizens about the proper display of their street numbers on their residences
as part of the Operation Number For Life Program; and Councillor Vincent advised of a
public meeting at the Forest Hills School on October 25 to discuss the matter of the
refuse from the old General Hospital being placed in that area.
*3A. Quebec Referendum
Consideration was given to a letter from Mayor McAlary on the
importance of a united Canada and why the City of Saint John should lead the way
towards maintaining a united Canada; and proposing that Council pass a resolution to
send a letter to the Prime Minister and to the mayors of the major cities in the Province
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OCTOBER 23, 1995
of Quebec indicating support for a united Canada and encouraging Quebecers to vote
"no" to a separate Quebec.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that Council send a letter to
the Prime Minister, The Right Honourable Jean Chretien, and to the mayors of the
major cities in the Province of Quebec indicating support for a united Canada and
encouraging Quebecers to vote "no" to a separate Quebec.
The Mayor advised that, with the adoption of the above motion, the letter
forwarded will be in both official languages.
Question being taken, the motion was carried.
4. Security For Rehabilitation Of
Gravel Pit - 2530 Red Head Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $5,000 be accepted from Gulf Operators Ltd. as security to ensure the
rehabilitation of the property located at 2530 Red Head (NBGIC Number 360057).
Question being taken, the motion was carried.
5. Security For Rehabilitation Of
Gravel Pit - 154 Willett Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $50,000 be accepted from Gulf Operators Ltd. as security to ensure the
rehabilitation of the property located at 154 Willett Avenue (NBGIC Number 347922).
Question being taken, the motion was carried.
6. Warrant For Membership In
SalvaQe Corps And Fire Police
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, a warrant be issued to Mr. David Lloyd Paul of 45 Lakewood Avenue
for membership in the Saint John Salvage Corps and Fire Police.
Question being taken, the motion was carried.
7. Amendment To Animal Control
Bv-Law For Inclusion Of Cats
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager commenting on the Animal Rescue League's presentation to Council on
October 2 outlining some of the reasons why the City should amend the Animal Control
By-Law to include cats on the basis of (1) benefit to the community, (2) public
acceptance, (3) enforcement and (4) cost; and recommending that (1) staff prepare for
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Council's consideration an amendment to the Animal Control By-Law for the inclusion
of cats; and (2) the Animal Rescue League be advised that the City is not prepared to
increase funding to the League for 1996 animal control services -- be received and filed
and the recommendation adopted.
During discussion Mr. Edwards advised that, with enactment of the
above-proposed amendment, cats would be treated in the same manner as dogs are
currently treated under the By-Law; and the Mayor, in response to Councillor Brown's
indication that he did not agree with the portion of the above recommendation with
respect to funding, suggested that Council could change that decision during budget
discussion, if desired, or the above motion could be amended; and Deputy Mayor
Chase expressed concern about enacting a by-law that would allow contracted
persons, not building inspectors or City employees, to enter onto private property, and
also that the practice of tying a cat in a yard would be to submit it to a cruel and
inhumane death by a dog running at large, the latter to which Mr. Edwards advised that,
while the Animal Rescue League feels very strongly that the cats should be treated
exactly the same as dogs, in other words, cats cannot run at large and must be
licensed, it would be entirely up to the owner of the cat as to whether or not to tie it in a
yard, keep it indoors or otherwise pen it up.
Question being taken, the motion was carried with Deputy Mayor Chase
voting "nay".
8. Tender For Fire Tanker
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender of MetalFab Ltd., in the amount of $126,426 (plus taxes), be
accepted for the supply of one new fire tanker.
Question being taken, the motion was carried.
9. Lease Of Dominion Park Land
Hathewav Board Of Trustees
Consideration was given to a report from the City Solicitor citing
Common Council resolution of May 1, 1995 leasing a portion of land at Dominion Park
to the Hatheway Board of Trustees for a labour temple, and referring to
correspondence from citizens in this regard and the August 28 presentation by Mr. Eric
L. Teed, Q.C., at which time Mr. Teed raised several concerns about the proposed
arrangement between the City and the Board, as well as questions with respect to the
use of the building by the public, the disposition of the building at the end of the lease,
and the power to lease land for purposes of building of the labour temple; and
expressing the opinion that the Trust document does not contemplate use by the public
as arranged and contained in the May resolution and, as this is not in compliance with
the Trust, an appropriate variation of the Trust by the Board should be a prerequisite to
entering into a lease for use by the public; the contemplation in the lease of the
reversion of the building to the City is not in compliance with the Trust and the
appropriate variation of the Trust should be a prerequisite to entering into the lease with
the existing proviso for reversion to the City; however, instead of a variation of the Trust
on this point, the issue of the reversion of the building to the City could be resolved by
using a clause similar to clauses used by the City when, in the past, the City leased
Corporation lots; and that, while the Trust agreement provides for the purchase of land,
it is silent as to whether or not the purchase has to be freehold or less than freehold;
that is, a lease, and this issue can be conclusively resolved by an appropriate variation
of the Trust agreement by the Board, together with any general application to vary the
Trust for the reasons previously stated. The report expresses the understanding that
the Board has received legal advice and is conducting further legal inquiries; suggests
that, as this matter involves public funds, public policy and a transaction that is not
ordinary because of the existence of a Trust document in the public domain, it would be
appropriate for Council to be informed by the Board of its own legal input received from
its solicitor, and this information could be examined; and submits a copy of the Trust
agreement.
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On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the above report from the
City Solicitor be received and filed and the City Solicitor be asked to keep Council
updated on this matter.
The Mayor expressed the understanding that both groups concerned,
being the members of the Hatheway Trust and Mr. Teed's group, will be making
presentations to Council at a later date; and during discussion Councillor Vincent
suggested that Council should heed the City Solicitor's suggestion with respect to being
informed by the Board of Trustees of its own legal input, and the motion could include
authorizing the City Solicitor to approach and ask the Board for the legal input provided
to it by its solicitor. Councillor Knibb proposed that the motion could include that the
City Solicitor be asked to keep Council updated on this matter; and, as to whether or
not this would be sufficient to allow the City Solicitor to get this information as
questioned by Councillor Vincent, Mr. Rodgers made the observation that, while he
does not think anything Council might say would be sufficient to get the information as
it has to come voluntarily from the Trustees, Council certainly has the right to ask for
that information and have it in the total package, if Council is interested in pursuing this
as a policy matter.
(Councillor Trites withdrew from the meeting during the above
discussion.)
Question being taken, the motion was carried.
10. Zoning By-Law Amendment
To Re-Zone 451 Olive Street
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-387 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning approximately 1,250 square metres
(13,455 square feet) of land situated at 451 Olive Street (NBGIC Numbers 55045843
and 55045835), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood
Institutional 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. 100-387 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.
11. Power Commission Of City Of
Saint John - 1994 Annual Report
Messrs. R.F. Donald Royal, Chairman; Richard Burpee, General
Manager; and A Furness, Director of Finance, of The Power Commission of The City
of Saint John, were present at the meeting with respect to the Commission's 1994
Annual Report; and Mr. Royal addressed Council in this regard and, in comparing the
Utility's service reliability with all other utilities in Canada, advised that the Power
Commission's service interruption is one third of the average in Canada and its length
of outage is three-quarters of the Canadian average. Mr. Royal also advised that the
Commission's financial performance for 1994 was not totally acceptable on an ongoing
basis; however, in 1994, the Board of the Power Commission made two major
decisions which had a large effect on the bottom line, the first one being that the
Commission took an obsolescence write-down for the first time in excess of ten years,
the second one being that the Commission chose not to pass on the entire cost
occurred when NB Power had two rate increases; and expressed the opinion that, even
with this relatively inadequate year, the Commission's financial ratios are quite
acceptable and Civic Hydro has a very strong balance sheet and the future looks good
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for the Power Commission of the City of Saint John. Mr. Royal further advised that, as
the Commission has just completed a ten-year agreement with NB Power, the benefits
which will accrue from this contract will flow through directly to the customers and
indirectly to the continuing system infrastructure improvements.
(Councillor Trites re-entered the meeting during the above presentation.)
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the 1994 Annual Report
of The Power Commission of the City of Saint John, be accepted with gratitude.
Question being taken, the motion was carried.
12. B.G. Fournier Re Construction
In Area Of NB Tel Office Complex
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from B. G.
Fournier referring to the construction being carried out in front of the NB Tel office
complex by Fundy Drilling and Sawing; and advising that, realizing that a certain level
of noise is required to complete the task at hand, the complete lack of regard to the
time factor causes concerns for those working midnights or evenings who live in the
area, and that Council's consideration and action is requested in hopes that the 9:00
a.m. to 11 :00 p.m. time frame would be adhered to for the duration of this project -- be
referred to the City Manager.
Question being taken, the motion was carried.
13. Irving Oil Limited - Amendment
To Section 39 Conditions Of Re-
ZoninQ Of 4207 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the application of Irving Oil
Limited for an amendment to the Section 39 conditions of re-zoning of 4207 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 Monday, November 27, 1995, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
14. Wayne Erb Builders - Amendment
To Section 39 Conditions Of Re-
ZoninQ Of 20 Prince Edward Street
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the application of Wayne
Erb Builders for an amendment to the Section 39 conditions of re-zoning of 20 Prince
Edward Street be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearing to be held on Monday, November 27, 1995, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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15. William Jones - YMCA-YWCA
Aquatic Centre Expansion
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Mr. William
Jones in support of the YMCA's position on stopping expansion of the Aquatic Centre --
be received and filed.
Question being taken, the motion was carried.
16. Eileen Hannah - Status
Of Greenwood Lane
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Eileen
Hannah asking whether or not Greenwood lane near the Airport is a private road and
when the City acquired the Lake Road which it now wants to sell to some of the
residents of Greenwood Lane -- be referred to the City Manager for a response.
With regard to a suggestion that, had the above letter been referred to
the City Manager prior to this meeting, it might have been possible for staff to respond
at this meeting, and that consideration should be given to dealing with future letters of
this nature by prior referral to the City Manager, Mrs. Munford noted the policy in place
several years ago which gave the City Manager one week following receipt of a letter to
submit a report to Council, and that this is used on occasion rather than routinely.
Question being taken, the motion was carried.
17. Saint John District Labour Council
(a) Renaming Of McGuire Road
(b) Health Care System
17{a)
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from the
Saint John District Council advising of its overwhelming support for the citizen's request
to rename McGuire Road after South African President Nelson Mandela, and
submitting an unsolicited document that was sent to the Labour Council by Mr. Rod Hill,
Department of Social Science, UNBSJ, entitled, "What Nelson Mandela Really Said" --
be referred to the City Manager.
Councillor Waldschutz, having noted that he used this forum to speak
strongly against Mr. Wojcik's recommendation to name a street after Nelson Mandela,
advised that he has become aware that there has been great hurt caused to segments
of the community, and apologized to people who have been hurt by his criticism of
whom is to them a hero-figure, Mr. Nelson Mandela.
Question being taken, the motion was carried.
17{b)
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that the letter from the Saint
John District Labour Council asking for Council's support to one or both of the
submitted resolutions, for return to the Labour Council by November 6, regarding the
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health care system -- be referred to the City Manager.
The initial motion proposed to support the two submitted resolutions was
changed to that above in view of the Mayor's suggestion that Council should have
some research done in the above regard in that, when the Minister replied to a previous
motion of Council on health care, Council found that it had been a bit out of order and
did not have all the information it should have had in this regard, and that the matter
should perhaps be referred to the City Manager or the FCM for review to ensure that
Council would be forwarding the correct information in its motion.
Question being taken, the motion was carried.
18. New Brunswick Chapter, United Nations
Association In Canada - Street Names
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Eric L.
Teed, President of the New Brunswick Chapter of the United Nations Association in
Canada, noting the proposal to rename a City street after Nelson Mandela; suggesting
that, rather than pick an isolated individual, the City should adopt a program of naming
streets after all such individuals; and requesting that, as it is felt that a greater interest
should be the concept of United Nations which marks its 50th anniversary in 1995,
Council adopt a policy that, when new streets are proposed, the names of the various
countries which comprise the United Nations be used -- be received and filed.
Question being taken, the motion was carried.
19. Daphne Wetmore - Route For
Western Beaches Trunk Sewer
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Daphne
Wetmore advising that, in view of the recent erosion problems in Red Head and City
Line West and the comments in the newspaper from geologists as to the nature of this
section of the Fundy Coast, her concern lies with the City of Saint John's route for the
Western Beaches trunk sewer line -- be referred to the City Manager.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
adjourned and Council meet in Committee of the Whole.
Question being taken, the motion was carried.
Common Clerk