1996-01-02_Minutes
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COMMON COUNCIL
JANUARY 2, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the second day of January, A.D. 1996, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Chase, Fitzpatrick, Gould, Knibb, Trites,
Vincent and Waldschutz
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Human Resources; W.
Butler, Commissioner of Community Services; P. Woods, Deputy
Commissioner of Finance; S. Armstrong, Director of Engineering;
J. Baird, Manager, Community Planning; W. Edwards, Building
Inspector; J. Hanlon, Deputy 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 Reverend David Jamer
of Saint John Alliance 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 December 18, 1995, be approved.
Question being taken, the motion was carried.
3. Multicultural Association Of
Saint John Re Police Code Of Ethics
Mr. William H. Watts, a Director of Multicultural Association of Saint John
Inc. and Chairman of the Association's Police Relations Committee, appeared before
Council and, having introduced Association Directors Messrs. Eric Teed, Brian Perkins,
Fred Hodges and Sidney Earle, addressed Council regarding a concern about the
possible over-zealousness of police officers in relation to visible minorities and to the
public; and recommended that, as it has come to the Association's attention that there
is no code of conduct set down for police officers in their relations with the public,
Council suggest to the Provincial authorities that a code of ethics be enacted for police
officers. Referring to the previously-submitted brief which included a copy of the Code
of Ethics of Quebec police officers and a newspaper article, Mr. Watts suggested that
the Discipline Code under the Police Act is directed more inwardly towards the
paramilitary efficiency of the police force itself and is not directed outwards towards
police officers' relationships with the public; and requested that Council approve the
principle that a code of ethics ought to be enacted which establishes the duties of
police officers in relation to the public and urge the New Brunswick Board of Police
Commissioners to enact such a code.
During discussion Mr. Watts clarified that the Association's suggestion
that a code of ethics could be incorporated in the City's next collective agreement with
the police could be considered failing enactment of a code of ethics by the Province,
and concurred that it could also become part of the Rules and Regulations of the Saint
John Police Force which, rather than a negotiated process, involves management and
the Union and, if there were concurrence, could be done forthwith. Mr. Watts advised
that the Association has asked to present its document to the Police Commission and
the Commission is still in the process of deciding whether it wants to have public input
in this matter.
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On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the presentation by Mr.
William H. Watts on behalf of Multicultural Association of Saint John Inc. be referred to
the Saint John Board of Police Commissioners, the Chief of Police and the
Commissioner of Human Resources.
Question being taken, the motion was carried.
4. Mayor's Remarks
150th Anniversary Of Great Irish Famine
At Mayor McAlary's invitation, Messrs. Jack Stevens, Chairman; Daniel
Britt, Vice-Chair; and Fred Hazen, Publicity Chairman, of the Famine 150 Committee,
addressed Council, in turn, on the Committee's proposal for the observance of the
150th anniversary of the Great Irish Famine, as outlined in the previously-submitted
brief; and requested the City to provide a one-time grant of $10,000 toward the
observance and a commitment for cooperation from the City, staff and services with the
Famine 150 Committee to carry out its objectives.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the application of the
Famine 150 Committee for City assistance be referred to the City Manager for a report
to Council.
Question being taken, the motion was carried.
Mayor McAlary extended messages of sympathy to the family of the late
Mr. Francis J. (Smokey) Lenihan, a retired City employee of the Works Department; the
family of the late Mr. Harold Patrick Gallery, a retired member of the Saint John Police
Force; and the family of the late Mr. Ralph Corbett, father-in-law of Fire Chief Glen Tait.
The Mayor proclaimed January 1996 as Alzheimer Awareness Month in
the City of Saint John; thanked the organizers and performers of the second annual
First Night Saint John event held in Uptown Saint John on December 31; and
expressed appreciation to the citizens who attended the New Year's Levee on January
1,1996.
* Added Item
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Solicitor to Legal Session on December 18, 1995, concerning Section 39
conditions for the Crane Mountain re-zoning, be added to the agenda of this meeting
for consideration as item 21 B.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that a report from the
City Manager (copies of which were distributed to Council members in Committee of the
Whole earlier this date), regarding a proposed Zoning By-Law amendment for adult
entertainment facilities, be added to the agenda of this meeting for consideration as
item 21C.
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COMMON COUNCIL
JANUARY 2, 1996
Question being taken, the motion was carried.
Councillor Fitzpatrick acknowledged City employees David Goss and
Fred Miller for their efforts in authoring the book titled "Saint John West and
Neighbours".
5. Committee To Review
Aquatic Centre Expansion
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the following persons
named in the Mayor's letter be the members of the committee to review the expansion
issue of the Aquatic Centre:- Leo Maloney and Daryl Steeves, representatives of the
Aquatic Centre; Ward Skinner and Professor Eileen Pike, representatives of the YMCA;
Councillors Walter Ball and Chris Waldschutz, representatives of the City of Saint John;
and Thomas McGloan, Chairman of the committee.
Question being taken, the motion was carried.
6. Cities Of New Brunswick
1996 Membership Fee - Invoice
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that authority be granted for
payment of the submitted invoice from the Cities of Brunswick Association, in the
amount of $15,810, for the City's 1996 membership.
Question being taken, the motion was carried.
7. Municipal Plan Amendment And
Re-ZoninQ 70-80 BridQe Street
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 Service Associates Ltd. have been
completed and the required waiting period for objections expired on December 27,
1995, with no written objections having been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the application of Service
Associates Ltd. for a Municipal Plan amendment and re-zoning of a parcel of land at
70-80 Bridge 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 February 12, 1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
8. Street Closing By-Law Amendment
Portions Of Walter & Ford Streets
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to the following portions of highway:-
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PORTIONS OF FORD AND WALTER STREETS - Beginning at the intersection of the
eastern side of Rothesay Avenue with the southern boundary of Robert Jeffrey et ux
property described in a deed filed in the Saint John County Registry Office as #181817,
said point having New Brunswick grid coordinate values of easting 337 278.378 metres
and northing 668 930.331 metres.
Thence on a New Brunswick grid azimuth of ninety nine degrees (990) five minutes
(05') zero seconds (00") along the southern boundary of properties owned by Robert
Jeffrey and Isabel M. Jeffrey and a 4.57 metre wide fire lane, a distance of sixty five
and fifty five hundredths metres (65.55m) to the eastern boundary of Robert and Isabel
M. Jeffrey property.
Thence on an azimuth of nine degrees (090) four minutes (04') fifty seconds (50") along
the eastern boundary of Robert and Isabel M. Jeffrey property and Halifax Seed Co.
Ltd. property, a distance of sixty seven and six hundredths metres (67.06m) to a point.
Thence on an azimuth of ninety nine degrees (990) four minutes (04') fifty seconds
(50"), a distance of fifteen and twenty four hundredths metres (15.24m) to the western
boundary of Lots in Block 8 of Glen Falls Subdivision shown on a plan filed in the Saint
John County Registry Office in Drawer 1 number 2.
Thence on an azimuth of one hundred and eighty nine degrees (1890) four minutes
(04') fifty seconds (50") along the western boundary of lots in Block 8, Walter Street
and Lots in Block 6 shown on aforementioned plan filed in the Saint John County
Registry Office in Drawer 1 as Plan number 2, a distance of one hundred and twenty
eight and two hundredths metres (128.02m) to the northern boundary of Part "A" shown
on a plan filed in the Saint John County Registry Office as #1346.
Thence on an azimuth of two hundred and seventy nine degrees (2790) four minutes
(04') thirty seconds (30") along the aforementioned northern boundary of Part "A", a
distance of fifteen and twenty four hundredths metres (15.24m) to the eastern
boundary of Robert Jeffrey et ux property.
Thence on an azimuth of nine degrees (090)four minutes (04') fifty seconds (50") along
the aforementioned eastern boundary of Robert Jeffrey et ux property, a distance of
forty five and seventy two hundredths metres (45.72m) to the northern boundary of
Robert Jeffrey et ux property.
Thence on an azimuth of two hundred and seventy nine degrees (2790) five minutes
(05') zero seconds (00") along properties owned by Robert Jeffrey et ux and a 4.57
metre wide fire lane, a distance of sixty five and fifty five hundredths metres (65.55m)
to the eastern side of Rothesay Avenue.
Thence on an azimuth of nine degrees (090) four minutes (04') fifty seconds (50") along
the aforementioned eastern side of Rothesay Avenue, a distance of fifteen and twenty
four hundredths metres (15.24m) to the place of beginning.
A tract of land containing an area of 2,950 square metres and being designated as
"Area to be closed" on a Plan of Survey showing Street Closures (portion of Walter
Street & Ford Street), Glen Falls, City of Saint John, Saint John County, New Brunswick
prepared by Hughes Surveys & Consultants Ltd. and dated August 25, 1995
- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
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9. Water And Sewerage
Bv-Law Amendment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A By-
Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and
discounts, be read a third time and enacted and the Corporate Common Seal be
affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting Water
And Sewerage", was read in its entirety.
Question being taken, the motion was carried.
The Mayor asked if Council, before proceeding with item 10, wanted to
determine if there was a representative present with regard to item 21A, and Councillor
Knibb suggested that item 10, being third reading of a proposed Taxi By-Law
amendment, could be delayed until later in the meeting to see if any representatives of
the taxi industry wished to speak, whereupon Mr. Ken Steeves' presence at the
meeting was acknowledged.
21A. Saint John Private Taxi Owners Association
Request To Appear Re LicensinQ Fee Increase
On motion of Deputy Mayor Chase
Seconded by Councillor Gould
RESOLVED that the letter from Mr. Ken
Steeves of the Saint John Private Taxi Owners Association requesting the opportunity
to appear before Council at the January 2, 1996 meeting to offer comments on the
recent licensing fee increase -- be brought forward for consideration at this time and the
request be granted.
Question being taken, the motion was carried.
Mr. Ken Steeves, President of the Taxi Association, having confirmed
that his presentation was on behalf of the private taxi owners and drivers of the City of
Saint John, addressed Council on the matter of the recent proposal to change the Taxi
By-Law in regard to licensing fees for private owners, drivers and stand owners; and
asked that, due to the fact that the industry was totally shocked to learn through the
media of the changes to be made, an extension be given to the Association so that it
can properly prepare a proposal with facts and figures to bring before Council. Mr.
Steeves advised Council of meetings within the last eight months with the Taxi
Inspector to work on problems within the industry, such as fares, cleanliness of cars,
parking and a medallion system for a freeze on taxi cabs; and during discussion Mr.
Steeves advised that a delay of at least a couple of weeks was being requested
following which he would make a presentation to Council, and that the Association
represents approximately 275 drivers and over 200 private owners, almost the total
industry in the City, who all agree with his comments.
As to any difficulty, administratively, in delaying the implementation of
the proposal to increase fees, Mr. Totten advised that he would have no difficulty
supporting a two-week tabling of third reading of the proposed Taxi By-Law
amendment to give the owners an opportunity to appear before Council; however, in
bringing forth the recommendation, it was staff's intent to position the City to move
toward recovering the cost of services provided by the City to the taxi industry; and it
was suggested that it would be appropriate for the City Manager to bring forward to
Council a precis of the Taxi By-Law Committee's report to Council prior to the last
municipal election.
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10. Taxi Bv-Law Amendment
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that third reading of the
proposed Taxi By-Law amendment with regard to fees be laid on the table for two
weeks.
Question being taken, the tabling motion was carried.
11. 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 December 18, 1995, when there
were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick,
Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the City Manager, Common Council adopt the
submitted HR Policy Number 120 for the Administration of Workers' Compensation for
the City of Saint John.
Tuesday, January 2, 1996
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
11.1. Policy 120 Administration
Of Workers' Compensation
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Councillor Fitzpatrick expressed concern that the proposed Policy, while
complying with the provisions of the Workers' Compensation Act and the Workers'
Compensation claim procedures, would, in effect, financially penalize a City employee
in that, according to section 4.3, an employee who got hurt on the job would lose 3
days pay if absent from work for only a week, although the employee concerned would
get the 3 days pay if out of work for more than 30 days. Councillor Vincent expressed
agreement with Councillor Fitzpatrick's comments, and Councillor Gould spoke on the
basis that such legislation could result in a worker not reporting a minor injury and
continuing to work so as not to lose 3 days pay and, in doing so, could result in a
comparatively-minor injury developing into something more complex and compound
necessitating a longer period of time off than 2 or 3 days.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Vincent voting "nay".
12. Planning Advisory Committee
Application Of Larry Neal For
Zoning By-Law Amendment To
Re-Zone 407-409 Prince Street West
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Consideration was given to a report from the Planning Advisory
regarding the application of Mr. Larry Neal for the re-zoning of 407-409 Prince Street
West, which was tabled at the August 14, 1995 public hearing with no readings given;
submitting copies of correspondence considered at the Committee's August 8 and
December 19, 1995 meetings; and recommending that the requested re-zoning be
denied.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, the application of Mr. Larry Neal for the re-zoning of
407-409 Prince Street West be denied.
Question being taken, the motion was carried.
13. Planning Advisory Committee
Street Assent 555 Somerset Street
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of 555 Somerset Street that would vest approximately 37 square
metres (380 square feet) from the William Dowd & Sons Limited property into the Rope
Walk Road right-of-way.
Question being taken, the motion was carried.
14. Planning Advisory Committee
Subdivision 370 Boars Head Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, (1) Common Council authorize the preparation and
execution of a City/Developer subdivision agreement for 370 Boars Head Road to
ensure provision of the required work and facilities; (2) Common Council assent to any
required municipal services or public utility easements for the proposed subdivision;
and (3) a cash-in-lieu dedication be accepted for the proposed lots.
Question being taken, the motion was carried.
15. Donald F. Gillis - Resignation
From Preservation Review Board
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that Council accept Mr.
Donald F. Gillis letter of resignation from the City of Saint John Preservation Review
Board, effective December 31, 1995 and thank him for his service to the City, and refer
the matter to the Nominating Committee.
Question being taken, the motion was carried.
16. Stephen Chase - Increase In Fees
For Youth UsinQ Recreation Facilities
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Mr.
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Stephen Chase regarding the decision, as part of the pursuit to maintain the tax rate
and yet provide financial means in the budget for the delivery of services to the citizens
of
the City, to increase fees for youth using recreation facilities; and appealing to Common
Council to reconsider this budget item as a means of revenue -- be received and filed.
Question being taken, the motion was carried.
17. FCM - Request For Resolutions
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the memorandum from
the Federation of Canadian Municipalities requesting resolutions for consideration at
FCM's National Board of Directors meeting in March 1996 or at FCM's Annual
Conference in June 1996 by no later than February 15, 1996 -- be referred to the City
Manager for suggested resolutions, including a resolution to the effect that it should be
ensured that the process of the privatization of airports does not result in individual
municipalities incurring enormous costs, and a resolution for a proposal on continued
national unity through a closer relationship with municipalities.
Question being taken, the motion was carried.
18. UNBSJ - Venture CampaiQn
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Dr. Rick
Miner, Vice-President of the University of New Brunswick in Saint John, expressing
gratitude for the City's pledge of $250,000 to UNB's Venture Campaign -- be received
and filed.
Question being taken, the motion was carried.
19. Wright Street Housing Co-Operative
Appreciation To Fire Department
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Ms.
Georganne Burke, President of Wright Street Housing Co-Operative, expressing
appreciation to the Saint John Fire Department for the fire fighters' response to a call to
one of the Co-Operative's buildings at 108-110 Stanley Street on November 29, 1995--
be received and filed and Council endorse the Wright Street Housing Co-Operatives
comments.
Question being taken, the motion was carried.
20. Rosalind And Jack Ayers
ReversinQ Falls Rescue
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Rosalind
and Jack Ayers, whose sloop TERN was pulled off the rocks at the Reversing Falls on
August 31, 1995 by the jet boat, assisted by the Fire Department Water Rescue Team
and the Coast Guard; advising that everyone's performance was outstanding during the
rescue and they were kept out of harm's way and relatively calm throughout due to the
professional manner each and every member displayed -- be received and filed.
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Question being taken, the motion was carried.
21. River Road Concerned Citizens Committee
Proposed Re-ZoninQ Of Crane Mountain
Consideration was given to a letter from Mr. David R. Bowen, Chairman
of the River Road Concerned Citizens Committee, regarding the proposed re-zoning of
Crane Mountain (third reading of which was tabled at Council's December 18, 1995
meeting); explaining the circumstances which, in his belief, would lead to the re-zoning
process being quashed at the January 2, 1996 Common Council meeting, and why
issues related to conflict with the Municipal Development Plan must still be addressed
despite the anticipated rejection of the re-zoning; and requesting a copy of the City
Solicitor's report to Legal Session regarding Section 39, as well as a copy of his report
concerning rescinding of the re-zoning application for the Irving Convenience Store in
the Loch Lomond area.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mr.
David R. Bowen, Chairman of the River Road Concerned Citizens Committee,
regarding the proposed re-zoning of Crane Mountain -- be received and filed.
Question being taken, the motion was carried.
*21 B. Section 39 Conditions For
Crane Mountain Re-ZoninQ
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the report from the City
Solicitor explaining why, in his opinion, Section 39 is not available so as to permit
Council to adopt a resolution and thereby impose reasonable terms and conditions
concerning the use of land, buildings and structures in the circumstances of the case of
the proposed Crane Mountain re-zoning, and that Section 39 of the Community
Planning Act is inappropriate, not applicable and, therefore, not available to Council in
this instant case -- be received and filed.
Question being taken, the motion was carried.
*21 C. Zoning By-Law Amendment
Adult Entertainment Facilities
Read a report from the City Manager advising that a number of cities in
the Maritimes have recently found it desirable to limit the locations of various adult
entertainment facilities which utilize the partial or full nudity of individuals, and the
nature of these changes has resulted in concerns with respect to conflicting land uses
in many parts of these cities, including the downtown or uptown areas; and submitting,
as at present the uses permitted in the various zones do not deal with a variety of uses
which could be considered as adult entertainment facilities, a proposed amendment to
the Zoning By-Law which would establish a number of definitions of specific adult
entertainment uses and a new zone which would permit these uses. The report also
advises that no specific properties or areas are proposed to be placed in this new zone
at this time and it is anticipated that specific proposals would be made to Council in the
form of a re-zoning application if an adult entertainment use was to be established; and
submits a recommendation with respect to the proposed by-law amendment as well as
the adoption of a resolution pursuant to Section 71 of the Community Planning Act
which have the effect of prohibiting any development affected by the proposed by-law
until such time as the by-law becomes valid or fails to become valid.
On motion of Councillor Knibb
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Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the proposed Zoning By-Law amendment regarding adult
entertainment establishments, as submitted in Schedule A, be referred to the Planning
Advisory Committee for a report and recommendation and the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, February 12,
1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, pursuant to Section 71 of the Community Planning Act, developments
which are affected by the proposed Zoning By-Law amendment regarding adult
entertainment facilities, as submitted in Schedule A, are prohibited until final
determination of the proposed by-law.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk