1995-11-20_Minutes
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COMMON COUNCIL
NOVEMBER 20, 1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twentieth day of November, A.D. 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; C. Robichaud, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Human Resources; W. Butler, Commissioner of
Community Services; W. Edwards, Building Inspector; K.
Galbraith, Manager of Public Affairs; G. Tait, Fire Chief; J.
McNamee, 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 offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on Tuesday, November 14, 1995, be approved.
In response to Councillor Knibb's observation that the November 14
minutes did not reflect the mover and seconder of the motion to adjourn the meeting,
the Mayor advised that the correction would be made by the Common Clerk.
Question being taken, the motion was carried.
3. Mavor's Remarks
Councillor Trites welcomed to the Council Chamber students of the
Student Council and the Computer Club, and teachers Bliss Hanson and Rachel
Malone, of St. Rose's School.
Mayor McAlary announced the time and place of the regular monthly
meeting of the Citizens' Coalition For Clean Air on November 23, as well as the joining
of the law firms of Palmer O'Connell Leger Roderick Glennie of Saint John, Patterson
Kitz of Nova Scotia, Halley, Hunt of Newfoundland, and Ross, Hooley, Douglas,
Murphy of Prince Edward Island to form a new law firm to be known as Patterson
Palmer Hunt Murphy Atlantic Canada Lawyers. The Mayor proclaimed November 20 as
National Child's Day in the City of Saint John; noted the opening of the Hospitality
Franchise Systems Ltd. office in Market Square earlier this date; and commended
those involved in the Annual Santa Claus Parade on November 18. Deputy Mayor
Chase noted the forthcoming production of the Shakespearean play "The Comedy Of
Errors" by the Saint John High School Theatre on November 23-25.
4. Use Of Council Chamber
First NiQht Saint John
Consideration was given to a letter from Mayor McAlary advising that the
committee for First Night, which will be hosting the celebrations for the second year on
December 31, has requested the use of the Council Chamber as a venue for a play on
the history of the City of Saint John, with supervision to be provided by the committee.
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COMMON COUNCIL
NOVEMBER 20, 1995
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that Common Council give
authorization for the use of the Council Chamber by First Night Saint John on New
Year's Eve, December 31, 1995.
Question being taken, the motion was carried.
5. City Market Pedway
St. Patrick Street Pedway
Lease To Comp Alliance
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize the Mayor and Common Clerk to execute a
lease with Comp Alliance for the lease of space in the City Market Pedway and the St.
Patrick Street Pedway for the purpose of installing a computer-based advertising kiosk,
subject to the following terms and conditions:- (1) an indefinite term subject to
termination on 90 days notice by either party; (2) an annual rent of $900 plus GST for
each location; (3) rent payable yearly with the first payment due on the effective date of
the lease and subsequent annual rents payable on the annual anniversary date; (4) the
City having the right to review the annual rent commencing with the third year; (5) a
damage deposit of $200 for each location returnable on termination of the license and
return of the property in a condition acceptable to the Manager, Real Estate and Facility
Management; (6) liability insurance to be kept in force by Comp Alliance; (7) the City to
pay for electrical consumption based on an installation drawing not more than 5,200
kilowatts per year; (8) plans and specifications for the computer, computer cabinet and
method of installation, including electrical and telephone services to be approved by the
Manager, Real Estate & Facility Management prior to their installation; (9) upon
termination of the license, installations such as electrical, telephone and any supporting
hardware become the property of the City at the City's option; and (10) the agreement
become effective and the leases be executed on or before January 31, 1996.
Question being taken, the motion was carried.
6. Art Work Trust AQreement
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that the funding agreement for the provision of public sector funds to
cover obligations of the Market Square Construction Agreement called for the
establishment of a formal Art Work Trust Agreement to provide for the ongoing care
and maintenance of art work related to the Market Square project, as indicated in the
submitted copy of article 1.01 of the Trust Agreement, and recommending that
Common Council nominate the City's Cultural Officer, Mr. Bernard Cormier, as a
member of the Art Work Board of Trustees -- be received and filed and the
recommendation adopted.
Question being taken, the motion was carried.
7. Martinon Community And Recreation Centre
Consideration was given to a report from the City Manager advising of a
problem with the water supply to the Martinon Community and Recreation Centre
which, to repair, is estimated to cost $400, and the community group does not have the
funds to undertake the necessary repairs; and submitting a recommendation in this
regard.
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COMMON COUNCIL
NOVEMBER 20, 1995
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize an expenditure of up to $400 for the purpose
of restoring the water supply at the Martinon Community and Recreation Centre, with
monies allocated from the Community Services Department budget.
Question being taken, the motion was carried.
8. Lorneville Recreation
And Community Association
Read a report from the City Manager advising of a request from the
Lorneville Recreation and Community Association for the City to contribute financially to
enable the installation of a new well and septic system at the Community Centre, at an
estimated cost of $6,000; and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council grant up to $6,000 in funding to the Lorneville
Recreation and Community Association for the purpose of having a well and septic
system installed at the Community Centre, such monies to be provided from the
unspecified grants allotment.
Question being taken, the motion was carried.
9. Establishment Change
Community Services Department
Consideration was given to a report from the City Manager advising that,
due to recent promotions of two employees, two vacancies exist in the Establishment of
the Community Services Department, these being one Clerk Typist position and one
Recreation Supervisor I; and submitting a recommendation in this regard which would
result in a cost reduction of $17,000 in the operation budget.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the Establishment of the Community Services Department be amended
as follows:- (a) delete on Clerk-Typist position; (b) add one Stenographer I position; and
(c) delete one Recreation Supervisor I position.
Councillor Knibb asked if the above change meets the approval of Local
486, to which Mr. Totten replied that the changes do not necessarily meet the approval
of the Local but they have been discussed with the Local.
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting as he was not present
for the November 14, 1995 public hearing with regard to the proposed re-zoning of 267
Rockland Road.)
10. Zoning By-Law Amendment
To Re-Zone 267 Rockland Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
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COMMON COUNCIL
NOVEMBER 20, 1995
Law Number C.P. 100-389 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land at 267 Rockland Road (NBGIC
Number 25908), 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:
AND FURTHER that the said re-zoning be subject to a condition
pursuant to Section 39 of the Community Planning Act limiting the institutional use of
the property to a group care facility licensed by the Province as a special care home for
no more than twelve residents.
The by-law entitled, "By-Law Number C.P. 100-389 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.
(Deputy Mayor Chase re-entered the meeting, and Councillor Fitzpatrick
withdrew from the meeting as he was not present for the September 18, 1995 public
hearing with regard to the proposed re-zoning of 370 Boars Head Road.)
11. Zoning By-Law Amendment
To Re-Zone 370 Boars Head Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-390 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning an approximately 2466-square metre (26,545-
square foot) portion of an undeveloped property at 370 Boars Head Road (a portion of
NBGIC Number 55062012), situated at the corner of Boars Head Road and Caledonia
Drive (undeveloped), from "R-1 B" One-Family Residential to "R-2" One- and Two-
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. 100-390 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 with Councillor Gould
voting "nay".
(Councillor Fitzpatrick re-entered the meeting.)
12. Committee Of The Whole Report
Read the 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 Tuesday, November 14, 1995,
when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown,
Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits
the following recommendation, namely:-
1. That with regard to the proposed sculpture project The Kennebeccasis,
as presented by Anne Fawcett representing Marlene (Robinson) Hilton-Moore,
Common Council express its endorsement for the project, with no financial commitment
from the City.
November 20, 1995,
Respectfully submitted,
(sgd.) Shirley McAlary,
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COMMON COUNCIL
NOVEMBER 20, 1995
Saint John, N.B.
C h air man.
12.1. "The Kennebeccasis" Sculpture
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
13. Rockwood Park Advisory Board
D & F Amusements Ltd.
Rockwood Park Operations
Consideration was given to a report from the Rockwood Park Advisory
Board requesting the assignment of a termination date of disposal to the current
dealings with D & F Amusements Ltd., with respect to its operation of the bumper
boats, batting cages and mini golf in Rockwood Park, as these premises have been in
the state of disrepair for some time and a time limit to the removal of these premises
would be in the City's best interest as there is a potential chance for injury as the
buildings are dilapidated.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as requested by the
Rockwood Park Advisory Board, a termination date of disposal of March 31, 1996 be
assigned to the current dealings with D & F Amusements Ltd., operator/owner of the
bumper boats, batting cages and mini golf in Rockwood Park.
In response to Councillor Vincent, Mr. Butler explained that the operator
of the facility has been asking staff for more time, and establishment of the above date
would provide guidance from Council as to how much time the City is prepared to give
the operator and the facility would either be fixed up ready to operate or removed
accordingly.
Question being taken, the motion was carried.
14. Solicitor General Jane Barry
Western Beaches Collector Sewer
Demolition Of Old General Hospital
Business MeetinQ With Common Council
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Solicitor General Jane Barry advising that she is hopeful that Council can arrange in the
near future for the erection of signs indicating the Western Beaches Collector Sewer
Project at which time some type of photo and status report would be available to the
media, and also that local government members are looking forward to the official
commencement of the demolition of the old Saint John General Hospital; and also
advising that it is believed useful to now schedule a business meeting on issues of
mutual concern -- be referred to the Mayor for action.
The above motion was proposed at the Mayor's request on the basis that
she has discussed with the Solicitor General having a meeting and another issue in the
above letter; and advised that, although the signs are up for the infrastructure project
on the West Side, publicity in this regard would involve all three levels of government.
Councillor Vincent suggested that the matter should also be referred to the City
Manager who represents Council in this matter, and noted that above letter is
addressed to the Mayor and Members of Council; and Councillor Trites concurred that
putting signs in place and so on is within the purview of staff, and expressed concern
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COMMON COUNCIL
NOVEMBER 20, 1995
about setting a precedent of referring to the Chair as opposed to staff who should be
carrying out Council's wishes.
Question being taken, the motion was carried with Councillors Trites and
Vincent voting "nay".
15. Spruce Lake Ratepayers Association
Request For Sidewalk AlonQ Ocean Westwav
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the
Spruce Lake Ratepayers Association submitting a petition requesting construction of a
sidewalk along Ocean Westway -- be referred to the City Manager with a view to
including this project in the capital budget.
Question being taken, the motion was carried.
16. Saint John Slo Pitch Softball League
Assistance Re Multi-Field Softball Complex
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Field
Committee of the Saint John Slo Pitch Softball League advising of its intention to
pursue the concept of a new multi-field softball complex in Saint John; and asking for
assistance and direction in this regard -- be referred to the City Manager.
Question being taken, the motion was carried.
17. Eric L. Teed - Renaming
Saint John Harbour BridQe
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Eric L.
Teed advising that he read with interest comments about possibly renaming the Saint
John Harbour Bridge; and suggesting two persons who could be recognized in this
manner -- be received and filed.
Question being taken, the motion was carried.
18. Canada Games Aquatic Centre Employees
In Support Of Aquatic Centre Expansion
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
employees of the Canada Games Aquatic Centre asking the City to approve the
Aquatic Centre expansion -- be received and filed.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be adjourned
and Council meet in Committee of the Whole.
Question being taken, the motion was carried.
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NOVEMBER 20, 1995
Common Clerk