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1996-03-04_Minutes 85-723 COMMON COUNCIL MARCH 4, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of March, AD. 1996, 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; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; P. Asimakos, Planner; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Ms. Y. Huntington, Director of Tourism and Communications; Ms. S. Greer, Communications Officer; 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 Pastor David Nicholson of Douglas Avenue Christian Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that minutes of the meeting of Common Council, held on February 26, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary referred to a sign of the type to be displayed in the City Transit buses to advertise the City Hall Call Direct Program; and, having circulated City Hall Directory cards to the Councillors, explained that approximately 45,000 of these cards will be distributed to Saint John and area households beginning March 7 to encourage the use of the telephone numbers listed when calling City departments and employees. The Mayor proclaimed March to be Epilepsy Awareness Month, as well as Nutrition Month; March 2 to 9 as Engineering Week, and March 4 to 9 as Social Work Week, in the City of Saint John, and Mr. Gordon Dalzell of the Saint John Chapter of New Brunswick Social Workers Association addressed Council with regard to Social Work Week. Landfill Issue Mayor McAlary advised that she, as Chairman of the Fundy Region Solid Waste Commission, received on Friday, March 1, 1996, a copy of the News Release (copies of which were forwarded to Council members in their Council kits) announcing Environment Minister Vaughn Blaney's confirmation of Cabinet's decision not to issue an approval for a regional sanitary landfill in Lorneville, as well as its determination that ensuring a modern waste management system for southern New Brunswick will not require a fourth regional landfill; and also advised of the Commission's plans to meet with the Deputy Minister of the Environment and his staff on the evening of March 5 in Saint John, following which she would anticipate coming back to Council, particularly to receive Council members' concerns and direction on how the matter should be handled. 85-724 COMMON COUNCIL MARCH 4, 1996 The reason for the sudden decision of the Province, having initiated the landfill project and committed funds to it, that a landfill was no longer needed was questioned; and the effect on the environment and the highways of transporting refuse to another region was broached, as was the need for a landfill in the Fundy Region on the basis of jobs and the cost to transport refuse to a facility outside the area both to the householder and the commercial and industrial generators of refuse. The amount of funding expended to date in an attempt to site a landfill facility in the Fundy Region was noted; and the suggestion was made that the Mayor, with the support of Council, the Commission, the business community, organized labour and the area MLAs, should approach the Premier in this regard. Councillor Knibb proposed a motion, which was seconded by Deputy Mayor Chase, that Common Council deplore the decision of the Minister of the Environment not to permit a landfill site in the Fundy Region, the largest region of the Province in terms of industry and population, and to ask that he reconsider his decision. Mayor McAlary asked, if the motion passes, that she be allowed to take it to the Commission meeting on March 5 as the Provincial Government has indicated that it would not deal directly with the municipalities at this point, but that it would be dealing with the Commission, whereupon Councillor Knibb proposed a change in the motion as indicated. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the Common Council of the City of Saint John deplore the decision of the Minister of the Environment that there shall be no sanitary landfill in the Fundy Region and, through the Fundy Region Solid Waste Commission, urge the Minister to reconsider his decision because Saint John is the largest City in the Province and has the greatest amount of both domestic and industrial garbage. Discussion ensued during which time suggestions and observations were put forth by Council members, including the need to get the Province's reasoning behind its decision and for Council to rally with the other municipalities in the Fundy Region; Council members' attendance at the March 5 meeting of the Commission with the Deputy Minister; a concern about attracting new business to the area without a solid waste facility in place; and the inability to determine the difference between the cost to keep refuse in the Fundy Region as opposed to taking it elsewhere because the Commission had no idea what the cost would be to develop the Lorneville site, having not yet negotiated in this regard; and note was made of the letter from the Mayor of Grand Bay to ADI Group (copies of which were forwarded to Council members as an information item) on the landfill issue. Councillor Trites, on a point of order, responded to Councillor Knibb's criticism of his comments as being a political reaction to the Minister's announcement in that his comments were simply to ask the Councillors to allow time to get some answers from the Province and to suggest that, rather than use the word "deplore" in the motion, to express serious concern about the decision. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) Councillor Fitzpatrick commented on a March 23 fund-raising event to be held by the Saint John Volunteer Centre at the Thistle-St. Andrews Curling Club. (Councillor Vincent withdrew from the meeting.) 4. Task Force On Immigrant And RefuQee Settlement Renewal Councillor Ball commented on his information update on the Task Force on Immigrant and Refugee Settlement Renewal. (Councillor Vincent re-entered the meeting.) 85-725 COMMON COUNCIL MARCH 4, 1996 On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Ball submitting copies of letters of support from Federal Member of Parliament Paul Zed, and Provincial Minister of Advanced Education and Labour R. J. (Roly) Macintyre regarding the Task Force on Immigrant and Refugee Settlement Renewal, further to the City's recent successful initiative in this regard -- be received and filed. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 5. Tender For Lighting Retrofit & Energy Monitoring Control System Rothesav Avenue Office Complex On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Johnson Controls Ltd. of Saint John, in the amount of $26,374, be accepted for the supply and installation of a lighting retrofit and energy monitoring control system for the Rothesay Avenue office complex. Question being taken, the motion was carried. 6. Sale Of 70 BridQe Street Read a report from the City Manager recommending, further to the February 19, 1996 third reading of the by-law to re-zone 70-80 Bridge Street, Council's approval to finalize the land transaction with Service Associates Ltd. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the sale of 70 Bridge Street (NBGIC Number 373845) to Service Associates Ltd. under the following conditions:- (1) the subject property be sold for $1,000, plus any survey fees, legal fees or other costs related to this transaction; and (2) as a condition of this transaction, the subject property (NBGIC Number 373845) shall be used in conjunction with, or as part of, the purchaser's adjacent property, identified as NBGIC Number 373852; 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. 7. Status Report - Central Peninsula And South End NeiQhbourhood Plan On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the status report on the preparation of a Central Peninsula and South End Neighbourhood Plan be received and filed. Question being taken, the motion was carried. 85-726 COMMON COUNCIL MARCH 4, 1996 8. RepealinQ Of Eleven Bv-Laws On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager regarding the seventeen outdated by-laws to which Council gave third reading on December 4, 1995; and recommending that first and second readings be given to repeal the eleven submitted by-laws as follows:- the Curfew, Building Districts, Street Sign, Water and Plumbing Fixtures, Water Supply, Nickelodeon, Ferry, Portwardens, Public Motor Bus, Planning Commission, and Indiantown Harbour By- Laws, which have been reviewed by staff with input from various agencies and City departments and are determined to be redundant and/or superseded by more recent legislation -- be received and filed: AND FURTHER that the by-laws to repeal the Curfew, Building Districts, Street Sign, Water and Plumbing Fixtures, Water Supply, Nickelodeon, Ferry, Portwardens, Public Motor Bus, Planning Commission, and Indiantown Harbour By- Laws, be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to repeal the Curfew, Building Districts, Street Sign, Water and Plumbing Fixtures, Water Supply, Nickelodeon, Ferry, Portwardens, Public Motor Bus, Planning Commission, and Indiantown Harbour By- Laws. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-laws to repeal the Curfew, Building Districts, Street Sign, Water and Plumbing Fixtures, Water Supply, Nickelodeon, Ferry, Portwardens, Public Motor Bus, Planning Commission, and Indiantown Harbour By-Laws, be read a second time. Question being taken, the motion was carried. Read a second time the by-laws to repeal the Curfew, Building Districts, Street Sign, Water and Plumbing Fixtures, Water Supply, Nickelodeon, Ferry, Portwardens, Public Motor Bus, Planning Commission, and Indiantown Harbour By- Laws. (Deputy Mayor Chase withdrew from the meeting.) 9. WeiQht Restrictions Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that the Province of New Brunswick is currently reviewing weight restriction regulations and has made some changes that require the City to adjust its Weight Restrictions By-Law to ensure continuity between the two; submitting a copy of the proposed new Weight Restrictions By-Law and, for comparison and clarification purposes, a copy of the current By-Law enacted in 1976; and recommending that the submitted Weight Restrictions By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law Respecting Weight Restrictions Within The City Of Saint John Enacted Under The Authority Of Section 262(1) of The Motor Vehicle Act", be read a first time. In response to the Mayor, Chief Sherwood advised that the Province's Commercial & Vehicle Enforcement Division assists the City in setting up portable 85-727 COMMON COUNCIL MARCH 4, 1996 scales for random spot checks of vehicles on a periodic basis. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law Respecting Weight Restrictions Within The City Of Saint John Enacted Under The Authority Of Section 262(1) Of The Motor Vehicle Act". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law Respecting Weight Restrictions Within The City Of Saint John Enacted Under The Authority Of Section 262(1) Of The Motor Vehicle Act", be read a second time, and referred to the Legal Department for appropriate action. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law Respecting Weight Restrictions Within The City Of Saint John Enacted Under The Authority Of Section 262(1) Of The Motor Vehicle Act". 10. Municipal Plan Amendment Re-ZoninQ 155 St. John 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 Donna Chaisson and Richard Cormier, concerning property at 155 St. John Street, have been completed, and the date for objections expired on February 28, 1996 with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Donna Chaisson and Richard Cormier for a Municipal Plan amendment and re-zoning of 155 St. John 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 Tuesday, April 9, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 11. Johnson Engineered Solutions Limited RevisinQ Appendix A Of BuildinQ Bv-Law On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Johnson Engineered Solutions Limited offering, as the National Building Code has undergone three major revisions since the Building By-Law's adoption and the references in Appendix A are to the 1980 edition of the Code and not the current edition, to assist the City in revising these standards at the entire fee, including all expenses, of $2,500 plus GST for the work described herein -- be referred to the City Manager. Question being taken, the motion was carried. 85-728 COMMON COUNCIL MARCH 4, 1996 12. Petition For Removal Of ParkinQ SiQns On Charles Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the petition requesting the removal of parking signs on Charles Street as they do not discourage Uptown parkers and only hinder the residents of Charles Street -- be referred to the City Manager. Question being taken, the motion was carried. 13. Janelle Arseneault - Section 39 Amendment Conditions Of Re-ZoninQ 811 Grandview Avenue On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Janelle Arseneault for an amendment to the Section 39 conditions of re-zoning of 811 Grandview Avenue 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 Tuesday, April 9, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. Gloria Gallant - Mobile Home Placement 1325 Latimore Lake Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Gloria Gallant expressing opposition to the placement of a mobile home at 1325 Latimore Lake Road directly next to her property, and asking that the City not sell a small portion of City land to Mr. & Mrs. Boudreau to make the existing property suitable for a mobile home and rather that the City sell them a larger parcel of land further down leaving a buffer zone between the two properties -- be referred to the City Manager. Question being taken, the motion was carried. 15. Irving Pulp & Paper, Limited Re-Zoning Property Immediately Adjacent To Pulp & Paper Mill On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Irving Pulp & Paper, Limited, for the re-zoning of property immediately adjacent to Irving Pulp & Paper, Limited at Reversing Falls, 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 Tuesday, April 9, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 85-729 COMMON COUNCIL MARCH 4, 1996 16. James D. Stephenson Water Service To Renforth & RaQQed Point Road Area On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Dr. James D. Stephenson advising that, while he thinks the plan to expand City water to Renforth is probably good for the City and Renforth, it concerns him, as a resident of Ragged Point, that he and sixty other households in the area are not hooked up to City water; and requesting that the City look at expanding City water services from the Samuel de Champlain Centre to include the entire Ragged Point area -- be referred to the City Manager. Question being taken, the motion was carried. 17. The Hardman Group Limited Section 39 Amendment Re-ZoninQ Of One Market Square On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of The Hardman Group Limited as Agents for Market Square Leaseholds Ltd. for a Section 39 amendment to the conditions of re-zoning of One Market Square, 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 Tuesday, April 9, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment 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. Common Clerk