1996-02-19_Minutes
85-702
COMMON COUNCIL
FEBRUARY 19, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the nineteenth day of February, AD. 1996, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb and
Trites
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; J. C. MacKinnon,
Commissioner of Environment and Development Services; P.
Groody, Commissioner of Human Resources; W. Butler,
Commissioner of Community Services; S. Armstrong, Director of
Engineering; J. Baird, Manager, Community Planning; S. Lodhi,
Manager, Real Estate & Facility Management; D. Logan,
Purchasing Agent; W. Edwards, Building Inspector; J. Bezanson,
Heritage Planner; D. Sherwood, Chief of Police; G. Tait, Fire
Chief; Mrs. L. Lockhart, Environment and Development Services;
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.
The Mayor welcomed to the Council Chamber members of the 8th St.
James Cubs and Scouts who were working on their community badge.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on February 12, 1996, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
The Mayor proclaimed February 19 to 25 to be Scout/Guide Week in the
City of Saint John and, at her invitation, Mr. Gary Petrie of Scouts Canada addressed
Council on the tradition of scouting in Saint John, especially that of St. James Scouts
who represent the first scouting group in Canada, having been in operation since 1910
with scouting having been brought into Canada in 1908; and, in appreciation of the
City's support to the youth in Saint John and in honour of Scout/Guide Week, the
Mayor was presented with a plaque, a pin, and a scout scarf and Provincial necker, the
latter making her an official Scouter for the duration of Scout/Guide Week.
The Mayor welcomed to the meeting Ms. Mary Donovan of M C Video
Productions and Mr. Don Mabee of the Atlantic Broadcast Centre, and Mr. Mabee
commented on their video tribute to the General Hospital titled, "Gone But Not
Forgotten", and presented a copy of the video to the City as part of the Heritage Day
celebrations.
Mayor McAlary congratulated the members of the Knights of Columbus
Council 6770 on their 20th anniversary, and the Canadian Cancer Society on its 50th
anniversary.
85-703
COMMON COUNCIL
FEBRUARY 19, 1996
The Mayor proclaimed the week of February 19 as World Vision Canada
30-Hour Famine Week; and also proclaimed February 19 to 25 as Heritage Week, and
February 19 as Heritage Day in the City of Saint John.
Preservation Review Board - HeritaQe Awards
Mr. Robert Ring, Vice Chairman of the Preservation Review Board,
introduced Board members Ms. Lisa Tracey and Mr. Harold Wright, as well as Miss
Julia Moore, a co-op student from Saint John High School who was assisting the
Board; noted the Board's annual recognition of contributions people have made to
heritage preservation in Saint John; and commented on the Board's publication of three
more Practical Preservation Guidelines on architectural styles, hiring a contractor and
architectural terms, as well as on the activities planned for Heritage Week in Saint
John. Mr. Bezanson presented slides of the 1996 Heritage Award Winners as follows:-
(1) Willard Merritt for his long-time service to heritage preservation as an editor of the
New Brunswick Historical Society Newsletter; (2) Rob Roy for increasing public
awareness of the City's rich legacy of heritage buildings as published in his
photographic book on Saint John; (3) Joan Pearce for being a long-standing advocate
of heritage preservation in Saint John who has been active in historical genealogical
societies and its various education programs, notably the Teachers' Manual on Saint
John history; (4) Messrs. S. Rogers, Manager of the King and Germain Branch, W.
Smith, District Manager, of CIBC for the sensitive commercial store front rehabilitation
work completed at 44 and 50 King Street; (5) Michael and Susan Wallace for the
sensitive rehabilitation and implementation of a maintenance development program to
preserve their building at 24 Queen Street; and (6) Christopher Howlett for his
preparation of sensitive rehabilitation maintenance and development programs as a
design professional for numerous buildings in Saint John. Mrs. Lockhart, Recording
Secretary of the Board, introduced the award winners to whom Mayor McAlary and Mr.
Ring presented framed certificates.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter to Mayor McAlary
from Premier McKenna (copies of which were forwarded to Council members as an
information item), regarding the location of the New Brunswick Investment Management
Corporation, be added to the agenda of this meeting for consideration as item 4.
Councillor Knibb noted Council's consideration of the above matter at its
January 15 meeting.
Question being taken, the motion was carried.
Councillor Knibb congratulated Jamie Grant, General Manager of the
Imperial Theatre in attracting the launching this fall of the Leslie Nielsen one-man
Clarence Darrow performance; and Mayor McAlary noted the third annual Skate With
the Flames fund-raising event for the Saint John Learning Exchange at Harbour Station
on February 18.
*4. New Brunswick Investment ManaQement Corporation
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the letter from Premier
Frank McKenna to Her Worship Mayor McAlary advising that, because of the necessity
for a close working relationship with the Department of Finance, it has been decided to
locate the Investment Management Corporation in Fredericton; although the decision to
do so should not diminish the importance of Saint John as a financial centre and the
Corporation will continue to conduct business with financial institutions located in Saint
John whenever it is in the economic interests of the various trust funds -- be received
and filed.
85-704
COMMON COUNCIL
FEBRUARY 19, 1996
Question being taken, the motion was carried.
6. Tender For Ice Plant Equipment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Electrical and Refrigeration Ltd., in the amount of $27,058
(plus taxes), be accepted for the supply, including post installation inspection and start-
up, of a new ammonia chiller and brine pumps for the Lancaster Centennial Arena.
Question being taken, the motion was carried.
7. Saint John Salvage Corps And
Fire Police - 1996 Officers
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the appointment of officers of the Saint John
Salvage Corps and Fire Police for the year 1996 as follows:- Captain - Joseph Savoy;
First Lieutenant - Harold Mayes; Second Lieutenant - Calvin Scott; Secretary - Harold
Peddle; and Treasurer - Robert Pade.
Question being taken, the motion was carried.
8. Zoning By-Law Amendment
To Re-Zone 40 Pokiok Road
Consideration was given to a report from the City Manager
recommending that, further to Common Council resolution of December 18, 1995 to
demolish the existing building at 40 Pokiok Road and initiate a re-zoning process,
Common Council initiate the process of re-zoning this property from "1-1" Light Industrial
to "P" Park.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the proposed re-zoning of
the property at 40 Pokiok Road, from "1-1" Light Industrial to "P" Park classification, 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, March 25, 1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
9. Dog By-Law Amendment To Include
Stoop and Scoop ReQulations
On motion of Councillor Brown
Seconded by Councillor Arthurs
RESOLVED that the report from the City
Manager providing, further to the Environment Committee's letter to Council on
February 5, information with regard to a regulation governing the fouling of property by
dogs; and recommending that the Dog Control By-Law be amended to include stoop
and scoop regulations -- be received and filed and the recommendation be adopted.
Question being taken, the motion was carried.
85-705
COMMON COUNCIL
FEBRUARY 19, 1996
10. PaintinQ Of Pedestrian Crosswalks
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, with regard to Mr. George Robertson's letter to Council on
February 12 suggesting that pedestrian crosswalks be painted yellow in the belief that
this would increase their visibility, it is staff's position that to do so would be violation of
the Motor Vehicle Act and staff could not comply with the request; and recommending
that this report be received and filed and a copy be forwarded to Mr. George Robertson
for his information -- be received and filed and the recommendation adopted.
Question being taken, the motion was carried.
11. Memorandum Of Agreement With Local 486
(Inside Workers) Re Hours Of Work
Read a report from the City Manager referring to Memorandum of
Agreement No. 1 Pilot Projects (Re-Arranged Work Week) in the collective agreement
with Local 486 (Inside Workers) which includes a number of unnecessary restrictions;
and recommending approval of the submitted Memorandum of Agreement in this
regard.
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted Memorandum of Agreement
amending the collective agreement with the Canadian Union of Public Employees,
Local #486 (Inside Workers), regarding pilot projects (flex hours), and the Mayor and
Common Clerk be authorized to execute the agreement on behalf of the City.
Question being taken, the motion was carried.
12. Easement For Municipal Services
Dutch Garden Lane/Ashton Place
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Council authorize the acquisition of an easement for municipal services
from the following list of property owners as per the indicated terms of sale:
1. Christopher and Jean Urquhart
20 Dutch Garden Lane (NBGIC 299271)
Terms of Sale:
The acquisition of two easements for municipal services; one over the eastern
portion of the property covering an area of 277 m2 more or less and the other over the
western portion of the property covering an area of 155 m2 more or less, as generally
shown on the submitted plan; both for the sum of $1,300.00 plus survey, legal and
other applicable fees related to this transaction.
2. Christopher Beyea
41 Dutch Garden Lane (NBGIC 300129)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 165 m2 more or less, as generally shown on the submitted
plan, for the sum of $500.00 plus survey, legal and other applicable fees related to this
transaction.
85-706
COMMON COUNCIL
FEBRUARY 19, 1996
3. Alyre J. Malley
40 Dutch Garden Lane (NBGIC 301994)
Terms of Sale:
The acquisition of two easements for municipal services; one over the eastern
portion of the property covering an area of 118 m2 more or less and the other over the
western portion of the property covering an area of 130 m2 more or less, as generally
shown on the submitted plan; both for the sum of $750.00 plus survey, legal and other
applicable fees related to this transaction.
4. Ovile and Bernadette Blanchard
51 Golden Grove Road (NBGIC 301986 and 55027510)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the two
subject properties measuring 204 m2 more or less, as generally shown on the submitted
plan, for the sum of $600.00 plus survey, legal and other applicable fees related to this
transaction.
5. Alfred and Margaret Gordon
43 Golden Grove Road (NBGIC 299008)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 140 m2 more or less, as generally shown on the submitted
plan, for the sum of $420.00 plus survey, legal and other applicable fees related to this
transaction.
6. Burnham and Lavina Wilson
63 Golden Grove Road (NBGIC 301762)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 109 m2 more or less, as generally shown on the submitted
plan, for the sum of $325.00 plus survey, legal and other applicable fees related to this
transaction.
7. Robert and Imelda Taylor
65 Ashton Place (NBGIC 301747)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 114 m2 more or less, as generally shown on the submitted
plan, for the sum of $340.00 plus survey, legal and other applicable fees related to this
transaction.
8. Avard MacKenzie
67 Ashton Place (NBGIC 300806)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 52 m2 more or less, as generally shown on the submitted
plan, for the sum of $160.00 plus survey, legal and other applicable fees related to this
transaction.
9. Edgar J. Malley
69 Ashton Place (NBGIC 299305)
Terms of Sale:
The acquisition of an easement for municipal services over a portion of the
subject property measuring 35 m2 more or less, as generally shown on the submitted
plan, for the sum of $100.00 plus survey, legal and other applicable fees related to this
transaction.
85-707
COMMON COUNCIL
FEBRUARY 19, 1996
AND FURTHER that the Mayor and Common Clerk be authorized to execute all
such documentation as to be acceptable to the City Solicitor as to form and legality, as
is necessary to give effect to this recommendation.
Question being taken, the motion was carried.
13. City-Owned Properties
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the report from the City
Manager submitting a list of all City-owned properties, totalling 1,197 properties,
including the location, a brief description or current use of each property, the land
registration and information services (LRIS), property identifier number (PID) and use
code; and advising that the next step would be to complete a data sheet for each
property indicating the location of the property on a map, land area, zoning, municipal
services, tax assessment, and other vital information, which should be completed by
the fall of 1996, and also that a report will be prepared for Council identifying surplus
properties and providing recommended steps towards the disposal of the land or
proposal calls for development of the land -- be received and filed.
Question being taken, the motion was carried.
14. Zoning By-Law Text Amendment
"AE" Adult Entertainment Zone
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager recommending third reading of the proposed Zoning By-Law text
amendment with regard to an "AE" Adult Entertainment zone (which is on the agenda
of this meeting under item 17) with the following corrections:- (1) in Section 1, the word
"of" in the first line of the definition of adult bookstore or video rental should be "or"; (2)
in Section 4, the heading Zone Standards should be numbered as (2) rather than (4)
and, as well, the subheadings "(e)", "(f)" and "(g)" in the Zone Standards should be
labelled as "(d)", "(e)" and "(f)", respectively; and (3) in Section 5, the reference to
"Section 840" should read "Section 840(3)" -- be received and filed and the
recommendation adopted.
Question being taken, the motion was carried.
15. Municipal Plan Amendment
Re-ZoninQ 20 O'Brien 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 with respect to the submitted application of Mr. David B. Huestis,
concerning property at 20 O'Brien Street have been completed, and the date for
objections expired on February 14, 1996 and no written objections have been received
in this regard.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the application of Mr. David
B. Huestis for a Municipal Plan amendment and re-zoning of 20 O'Brien Street 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, March 25, 1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
85-708
COMMON COUNCIL
FEBRUARY 19, 1996
16(a) Municipal Plan Amendment
(b) Re-ZoninQ 70-80 BridQe Street
~
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land located at 70-80 Bridge Street (NBGIC Numbers
373845 and 373852), having a frontage of approximately 75 feet on the east side of
Bridge Street and a depth of approximately 130 feet, from Medium Density Residential
to Light Industrial classification, be read a third time and enacted and the Corporate
Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
{Q}
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-395 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land located at 70-80 Bridge Street
(NBGIC Numbers 373845 and 373852), having a frontage of approximately 75 feet on
the east side of Bridge Street and a depth of approximately 130 feet, from "RM-1"
Three-Storey Multiple Residential to "1-1" Light Industrial classification, be read a third
time and enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act the said re-zoning be subject to a condition limiting the use of the property to a
warehouse building.
The by-law entitled, "By-Law Number C.P. 100-395 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.
17. Zoning By-Law Text Amendment
"AE" Adult Entertainment Zone
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-Law
Number C.P. 100-396 A Law To Amend The Zoning By-Law Of The City Of Saint
John", to establish an "AE" Adult Entertainment zone, be read a third time and enacted
and the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-396 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.
85-709
COMMON COUNCIL
FEBRUARY 19, 1996
18. Committee Of The Whole Report
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on February 12, 1996, 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 Acting City Manager, the City Solicitor, or
his designate, is hereby authorized to take the necessary steps to initiate a Sheriff's
Sale, including such examinations in aid of enforce-ment as are authorized under the
Rules of Court and the sale by the Sheriff of the land upon which the General Hospital
Nurses Residence building formerly stood, and to execute documents the Sheriff may
require:
AND FURTHER that the City Manager or his designate be authorized to bid in
on behalf of the City at the sale.
February 19, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
18.1. Old General Hospital Nurses Residence
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report be
received and adopted and the recommendation therein be adopted.
Question being taken, the motion was carried.
19. Saint John District Labour
Council Re City Market
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the Saint
John District Labour Council supporting the efforts of C. U. P. E. Local 18 and the
tenants of the Saint John City Market to oppose contracting out of the facility -- be
received and filed.
Question being taken, the motion was carried.
20. City Of Brampton, Ontario
The Korea Veterans Wall
On motion of Councillor Ball
Seconded by Councillor Knibb
RESOLVED that the letter from Mayor Peter
Robertson of the City of Brampton, Ontario, asking for Council's support for a future
National Memorial to all Canadians killed in the Korean War to be called The Korea
War Veterans Wall of Remembrance -- be received and filed and a letter of support be
forwarded to the City of Brampton, Ontario, in this regard.
Question being taken, the motion was carried.
85-710
COMMON COUNCIL
FEBRUARY 19, 1996
21. Canadian Red Cross - Proclamation
Street NaminQ & Donation Request
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Canadian Red Cross asking Council to consider, in celebration of the Canadian Red
Cross Centennial, naming a street in honour of Red Cross' approving, posting and
publishing the submitted Centennial Proclamation document; and making a donation
toward a granite memorial at the Atlantic Zone Headquarters in Saint John -- be
received and filed and the Red Cross be advised that Council will do whatever it can
with respect to the proclamation but is unable to contribute financially in this regard.
Question being taken, the motion was carried.
22. Blake Armstrong - Street Closure
For Street Entertainment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Blake
Armstrong advising that he, Gargoyle's Nightclub and Pillars Club and Lounge are
committed to a project to provide Saint John with an outdoor pedestrian entertainment
section to feature karaoke, comedy shows, country music bands, benefits, etc.; and
requesting that Prince William Street, from Princess to Duke, be closed to traffic
between Wednesday and Saturday from 6:30 p.m. to 3:00 a.m. for the months of June,
July and August, to make it possible for them to set up a pedestrian atmosphere
including trees, benches, fencing, tables and chairs, as well as allow them to set up
extra lighting and sound equipment if necessary -- be referred to the City Manager.
Question being taken, the motion was carried.
23. Sobey Leased Properties Limited
Zoning By-Law Text Amendment
3701 Westfield Road
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the application of Sobey
Leased Properties Limited for a Zoning By-Law text amendment regarding property at
3701 Westfield Road 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, March 25, 1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
24. Haldor (1972) Ltd. / M D I Waste
Management Inc. Re Fundy Region Solid Waste
Commission's Decision To Award Contract
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from Haldor
(1972) Ltd. / M D I Waste Management Inc. requesting to address Council at this
meeting to review the Fundy Region Solid Waste Commission's decision to award the
contract -- be received and Council invite representatives of the company to address
Council at this time.
85-711
COMMON COUNCIL
FEBRUARY 19, 1996
Councillor Trites noted the letter to Council at its last meeting from
Wheelabrator/IPS requesting to address Council, as well as the anticipated teach-in by
the Fundy Region Solid Waste Commission on the rationale for its decision; and
expressed the opinion that Council should first hear from the Commission.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
laid on the table until Council hears from the Fundy Region Solid Waste Commission.
Question being taken, the tabling motion was carried with Councillors
Brown, Gould and Knibb voting "nay".
25. Tenants Of City Market
Operation Of City Market
On motion of Councillor Gould
Seconded by Councillor Fitzpatrick
RESOLVED that the petition from
tenants of the City Market correcting recent misleading statements and representations
that have been made concerning the operation of the City Market; and requesting to
make a presentation to Council at the earliest convenience -- be received and the
tenants concerned be advised that Council will hear from them at a later date.
Question being taken, the motion was carried.
26. NB Provincial Curling Fire Fighters
Team - Request For Financial Assistance
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the letter from Messrs. J.B.
Brown, Tony Gautreau, Luke Comeau and Joe Vautour of the Saint John Fire
Department requesting financial assistance to enable their NB Provincial Curling Fire
Fighters Team to attend and in particular to host a banquet at the National Finals in
British Columbia this year -- be referred to the City Manager for a recommendation.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned
and Council meet in Committee of the Whole.
Question being taken, the motion was carried.
Common Clerk