1996-07-15_Minutes
85-927
COMMON COUNCIL
JULY 15,1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifteenth day of July, AD. 1996, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz
- and -
Messrs. D. Wilson, Acting City Manager; J. Nugent, City Solicitor;
G. Yeomans, Acting Deputy 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; J. Baird, Manager,
Community Planning; B. Thompson, Deputy Chief of Police; J.
Hanlon, Deputy Fire Chief; Miss L. Farrell, Solicitor; 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 Gordon
Aucoin of the Calvary Temple 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 Tuesday, July 2, 1996, be approved.
Question being taken, the motion was carried.
* Added Item
The Mayor called for a motion to add item 40 from Legal Session earlier
this date to the agenda of this meeting as item 17 A
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that item 40, being a
proposed Letter of Agreement regarding the grievance process, which was considered
in Legal Session of Council earlier this date, be added to the agenda of this meeting as
item 17A
Question being taken, the motion was carried.
* Added Items
The Mayor called for a motion to add to the agenda of this meeting
Committee of the Whole items 41 and 43.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that item 41 with respect to
the Sheriff's Sale of the former Nurses Residence property, and item 43, being the
Acting City Manager's recommendation on the extension of water services to the
Village of Renforth, which were considered in Committee of the Whole earlier this date,
be added to the agenda of this meeting as items 17B and 17C.
85-928
COMMON COUNCIL
JULY 15,1996
Question being taken, the motion was carried.
(Councillor Trites entered the meeting.)
3. Saint John Parking Commission
1995 Annual Report
Messrs. D. Allaby, Chairman, and R. Smith, Administrator of the Saint
John Parking Commission, were present with respect to the Commission's previously-
submitted 1995 Annual Report; and Mr. Allaby, in response to Council queries,
commented on the advantages of using the new electronic parking meters, the
purchase of which was approved at Council's last meeting, in lieu of using or converting
for use the already-existing electronic meters; a program offered to students of Saint
John High, St. Malachy's and St. Vincent's Schools to encourage them to use off-street
rather than on-street parking spaces; the possibility of amending the Motor Vehicle Act
with respect to the 24-hour abandonment issue; the status of negotiations with respect
to property on the corner of Princess and Canterbury Streets and property in the area
of Charlotte, Duke and Horsfield Streets; an expenditure of approximately $25,000,
under Special Projects, with respect to a site feasibility study for the Canterbury Street
parking garage construction; and utilization of the Chipman Hill Parking Garage.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the 1995 Annual
Report of the Saint John Parking Commission be received and filed with appreciation.
Question being taken, the motion was carried.
4. Saint John Film Festival
Ms. Heather Scott addressed Council regarding the 1 st Annual Saint
John Film Festival to be held Saturday, August 3, 1996 at the Paramount Theatre and
Imperial Theatre; and, referring to the previously-submitted brief, advised that, while
there is sponsorship for about 75% of the funds needed for the Festival, sponsorship
as close as possible to the approximate budget of $3,500 is wanted so that next year it
would be possible to pay, through revenue generated from ticket sales, for advertising,
typesetting and all the other services which were received free this year. Ms. Scott
displayed a mock-up of the poster to advertise the Film Festival; commented on the
proposed program; and requested $1,000 from the City of Saint John to cover a full-
page advertisement in the Film Festival program.
Ms. Scott, in response to Councillor Knibb, advised the intent to charge
$5 a show, $10 for a day pass, $15 for 2 people per day, and $20 for 3 people per day,
and an estimated attendance of at least 300 people for the four screenings at the
Imperial Theatre; and Councillor Ball noted other such requests for funding on the
agenda of this meeting in view of budget restraints and the need to promote an image
for Saint John on the basis that a fund should be available for such promotion.
Councillor Knibb asked if the matter should be referred to the City Manager or dealt
with at this time, to which the Mayor replied that Council's policy was to refer such
requests to the City Manager.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that the presentation by
Ms. Heather Scott regarding the 1 st Annual Saint John Film Festival be referred to the
City Manager.
Question being taken, the motion was carried with Councillor Ball voting
"nay".
85-929
COMMON COUNCIL
JULY 15,1996
5. Bayview Elementary School
Plavpark Committee
Ms. Ann E. Maloughney appeared before Council on behalf of the
Bayview Elementary School Playpark Committee with a proposal for a playground to be
built in two phases at the Bayview Elementary School on Jean Street, as outlined in the
previously-submitted correspondence; and requested the City to match the $11,000
raised by the Committee to date so that Phase I could proceed as soon as possible in
the new school year. Ms. Maloughney advised that Mr. Cochrane has indicated the
School District's approval of this proposal and, although a letter to this effect has not
been obtained because of the summer holidays, he indicated that he could be
contacted for confirmation of the approval.
The Mayor noted Council's past approval of such playground projects, as
well as the presence at the meeting of several members of the Bayview Dolphins; and
Ms. Maloughney, in response to Council queries, advised that, in Phase I, the
equipment cost is estimated at $17,000, with $5,000 for site work and installation, as
well as the intent to attempt to have the work done on a voluntary basis, and also
advised of discussions with service clubs and their donations to the project to date.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the presentation by Ms.
Ann E. Maloughney of the Bayview Elementary School Playpark Committee with regard
to a proposal for a playground at the Bayview Elementary School -- be referred to the
City Manager.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary expressed condolences to the family of the late Mr. J.
Arthur Wilson, a retired Saint John Police Officer, who passed away on July 7, as well
as to the family of the late Mr. Francis H. (Frank) Price, a retired Recreation Department
employee, who passed away on July 12, and the family of the late Mr. David Harvard
(Shaver) Slipp, father of Saint John Fire Fighter Fred Slipp, who passed away on July
13; and commended Mrs. Valerie Evans and the members of her Committee for the
success of Loyalist Days Heritage Celebration '96.
The Mayor commented on the recent announcement by Federal Minister
of Human Resources Development Doug Young of the Federal Government's intention
to forgive the Port of Saint John's $18-million debt, and expressed appreciation to both
The Honourable Mr. Young and Premier Frank McKenna for their efforts in this regard.
On motion of Councillor Gould
Seconded by Councillor Trites
RESOLVED that a letter of appreciation be
forwarded to The Honourable Doug Young, Federal Minister of Human Resources
Development, and Premier Frank McKenna for their efforts with respect to the Port of
Saint John.
Question being taken, the motion was carried.
7. Marco Polo Hot Air Balloon
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mayor
McAlary submitting correspondence from Mr. Doug Shippee, a local balloonist,
requesting the City of Saint John to assist this year towards the expenses of flying his
85-930
COMMON COUNCIL
JULY 15,1996
hot air balloon - the Marco Polo - in its promotion of the City of Saint John -- be referred
to the City Manager and a letter be forwarded to Mr. Shippee thanking him for his
efforts in promoting the City of Saint John.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
8. Grant - Opera New Brunswick Inc.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from Mayor
McAlary submitting a letter from Marsha Zed, President of Opera New Brunswick Inc.,
requesting the City of Saint John to provide $500 toward the expense of sponsoring the
surtitle presentation of the full-length opera, "The Marriage of Figaro", to be held at the
Imperial Theatre in October -- be referred to the City Manager.
Councillor Knibb suggested that an amount of $500 should be provided
to both the Saint John Film Festival and Opera New Brunswick Inc. and, in response to
his query as to the status of the Unspecified Grants budget, Mr. Wilson advised that
approximately $12,000 to $15,000 remains in Unspecified Grants, and made the
observation that, as Council has not given staff any wide scope or discretion to give
grants unless they are convention grants, only Council can decide on grants given for
requests such as that above; therefore, the City Manager would not make a decision on
his own in instances such as this and staff would review such requests and provide
Council with some guidelines.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting.)
9. Atlantic Canada And Southeastern
Massachusetts Mavors Association
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from Mayor
McAlary advising that the City of Saint John will be the host City for the Atlantic Canada
and Southeastern Massachusetts Mayors Association meeting to be held on August 21
to 23 -- be received and filed.
Question being taken, the motion was carried.
10. Canadian Fire Fighter Of The
Year Award - DouQlas Trentowskv
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the report from the Acting
City Manager advising of Saint John Fire Fighter Douglas Trentowsky's receipt of the
Canadian Fire Fighter of the year Award and of his being named Atlantic Fire Fighter of
the Year by the Maritime Fire Chiefs' Association, as well as being one of two finalists
recommended from the 53 countries of the Commonwealth for the Mountbatten Medal -
- be received and filed and a presentation be made by Council in open session
recognizing Mr. Trentowsky in this regard.
85-931
COMMON COUNCIL
JULY 15,1996
The initial motion proposed was to honour Mr. Douglas Trentowsky by
sending him a letter of appreciation and, in view of Councillor Vincent's suggestion that
Mr. Trentowsky should be invited to open session of Council and be recognized publicly
by Council, the motion was changed accordingly.
(Deputy Mayor Chase re-entered the meeting.)
Question being taken, the motion was carried.
11. Traffic By-Law Amendment
ParkinQ On Mountain Road
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the
Acting City Manager advising that, with regard to the issue of parking restrictions on the
lower portions of Mountain Road which was raised at Council's July 2 meeting, staff's
review has concluded that very few residents appear to use the street for parking
purposes; however, both the Works and Police Departments have commented that a
parking restriction would be an advantage, particularly to emergency vehicles and snow
plowing equipment; and recommending that the submitted amendment to the Traffic
By-Law receive first and second readings and be referred to the Legal Department for
appropriate action -- be received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto", with regard to parking on
Mountain Road, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto".
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 Traffic On Streets In The City Of Saint
John Made Under The Authority Of The Motor Vehicle Act, 1973 And Amendments
Thereto", with regard to parking on Mountain Road, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto".
12. Tender For Life Insurance
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that as recommended by the
Acting City Manager, the tender of Clark Administrative Consultants, in the amount of
$57,931.91, be accepted for the purchase of 40 paid-up life insurance policies, each
with a value of $5,000, for retired City of Saint John employees.
Question being taken, the motion was carried.
85-932
COMMON COUNCIL
JULY 15,1996
13. Re-initiation Of Municipal Plan
Amendment And Re-Zoning Of
2219 Loch Lomond Road
Consideration was given to a report from the Acting City Manager
referring to the circumstances which resulted in Council's inability under the time
constraints of the Community Planning Act to give third readings to a proposed
Municipal Plan amendment and re-zoning of property at 2219 Loch Lomond Road at
the July 2 Council meeting; advising that, given the circumstances, staff has had
discussions with the applicant and the Legal Department and, while it is necessary to
hold an advertised public hearing, a public presentation meeting is not required again
since the legislation does not impose a time limit for these meetings; therefore, a new
application can be directly referred to the Planning Advisory Committee for a report and
recommendation, and the applicant is aware of this situation and is proposing a new
application; and recommending that Common Council refer the application for a
Municipal Plan amendment and re-zoning back to the Planning Advisory Committee for
a report and recommendation and authorize the necessary advertising at the expense
of the City for a public hearing to be held on August 26, 1996.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of Mr.
Dante Foriere for a Municipal Plan amendment and re-zoning of property at 2219 Loch
Lomond Road be referred to the Planning Advisory Committee for a report and
recommendation, and the necessary advertising be authorized in this regard at the
City's expense, with the public hearing to be held on Monday, August 26, 1996, at 7:00
o'clock p.m.
Question being taken, the motion was carried.
14. Terms Of Pre-Season Arena Rental
Saint John FiQure SkatinQ Club
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Acting City Manager, Common Council consent to the following amendments to the
terms of rental of the Stu Hurley Arena with the Saint John Figure Skating Club as
agreed to on May 21,1996: (1) rent an additional 12 hours of ice time on Friday and
Saturday during the period of August 25 - October 4, 1996 at times mutually agreed
between the Club and the Commissioner of Community Services; and (2) change the
hours of rental on Sunday to 1 :00 p.m. - 9 p.m.
Question being taken, the motion was carried.
15. Traffic By-Law Amendment
ParkinQ On Carmarthen Street
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the report from the Acting
City Manager advising of an examination, at the request of the Fire Department, of the
issue of parking on Carmarthen Street between Union Street and King Street East and
staff's conclusion that the request for changes in parking is legitimate; and
recommending that the submitted amendment to the Traffic By-Law receive first and
second readings and be referred to the Legal Department for appropriate action -- be
received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto", with regard to parking on
Carmarthen Street, be read a first time.
85-933
COMMON COUNCIL
JULY 15,1996
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto".
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the by-law entitled, "A By-
Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John
Made Under The Authority Of The Motor Vehicle Act, 1973 And Amendments Thereto",
with regard to parking on Carmarthen Street, be read a second time.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973 And Amendments Thereto".
16. Application HIP-19
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
Acting City Manager, Common Council approve the following Housing Incentive
Program application and the Mayor and Common Clerk be authorized to execute a HIP
Agreement as follows:- HIP-19 - Ellerdale Investments Ltd. for an estimated grant of
$19,200 for Downsview Drive.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
17. Facilitator Of Residential Development
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
Acting City Manager referring to the suggestion at the July 2 meeting by the Mayor's
Residential Tax Base Task Force of the need for a facilitator/s with respect to
residential development, and advising of changes made following the introduction of a
1992 facilitation initiative focused on larger-scale developments; and recommending
that (1) an expedited approval process and checklist be instituted for first-time new
housing permits and these applications be facilitated; and (2) further improvements to
facilitate development be constructed after consultation with the development industry -
- be received and filed and the recommendation adopted.
Question being taken, the motion was carried.
*17A. Letter Of AQreement With Local 61
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Acting City Manager, Common Council approve the submitted Letter of Agreement
amending the collective agreement with the Saint John Policemen's Protective
Association, Local No. 61, C.U.P.E., regarding the final step of the grievance procedure
and, subject to the City Solicitor's review as to legality and form, authorize the Mayor
and Common Clerk to execute the agreement on behalf of the City.
85-934
COMMON COUNCIL
JULY 15,1996
(Councillors Trites and Vincent re-entered the meeting.)
Councillor Waldschutz expressed the opinion that Council should not
amend the collective agreement until such time as a decision is rendered on the City's
appeal of Judge McLellan's decision on a previous issue; and noted that, with respect
to any grievances accumulated during this time, the grievor has the right to go directly
to arbitration and would not be unduly hampered by Council doing nothing until the
appeal court makes a decision. In response to Councillor Gould as the legality of the
proposed action, Mr. Nugent expressed the opinion that the proposed amendment lies
within the legitimate authority of Council and similarly of the Union and, if executed by
both parties, would operate to confirm the third and final step of the grievance
procedure with Local 61 to be in Committee of the Whole of Council and, while he
could not ensure that no one would challenge this, it is clearly his view that, if it were
challenged, it would not be successful.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
*17B. Sheriff's Sale Of Former
Nurses' Residence Property
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the Acting City Manager
or his designate is hereby authorized to bid in at the Sheriff's Sale of the site of the
former General Hospital Nurses' Residence located on the northern side of Waterloo
Street and identified by NBGIC Number 55048334, up to the amount of the market
value identified in the appraisal prepared by the firm of deStecher Appraisals Ltd., and
dated February 13, 1996.
Question being taken, the motion was carried.
*17C. Extension Of Water Services
To VillaQe Of Renforth
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
Acting City Manager, the City of Saint John agree to the extension of a 12" water line to
the Village of Renforth, based on the following terms and conditions:- (1) the City's
share of the total capital cost be set at 28% or $359,250, whichever is lower; (2) the
Village of Renforth pay to the City of Saint John, annually, the greatest of $43,694 (or
such other amount based on actual interest rates), or an amount equal to the water
consumed by the Village of Renforth at By-Law rates applicable from time to time; (3) it
is understood that the $1,282,500 project envisaged is to include not only the trunk line
but also the service hook-ups to the property lines for all properties; (4) any short-term
financing costs be shared equally between the City and the Village; (5) the City accept
the engagement of Godfrey and Associates by the Village of Renforth to design the
project, coordinate the calling of tenders and for inspection services during
construction; and (6) any other terms and conditions considered necessary by the
parties that may come to light during the discussions with the Village of Renforth.
Councillor Waldschutz advised that his choice in the above regard would
be to table the matter as there is an item or two of information that is not available to
him at this time, including assurance from staff that this project would be at no cost
whatsoever to the ratepayers of Saint John; however, as he understands that a
decision is required at this time due to constraints relative to the construction season,
he would not be able to support the motion. During discussion Mr. Wilson explained
the arrangement negotiated with the Village of Renforth as set out in the above motion
to the effect that the Village would pay on the basis of By-Law rates from the time it
starts receiving water, although if that is not sufficient to cover the financing costs the
City would incur in assisting with this project, the Village would pay the higher amount;
85-935
COMMON COUNCIL
JULY 15,1996
and also that, with respect to incremental costs to the Utility in adding this service,
advised that the only incremental cost would be chlorinating and fluoridating which
could be in the vicinity of possibly $3,500 to $4,000 a year; however, although Renforth
needs only an 8-inch line, the installation of a 12-inch line would allow for the provision
of fire protection and the capacity to provide water for its own citizens and, as part of
the capital cost, laterals will be provided for the City's 75 customers in the area and also
fire hydrants, which could be valued at an amount in the vicinity of $250,000, and as
well the extension would open land that is currently not serviced at all; thus the
recommendation is considered to represent a good deal for the Utility.
(Councillor Vincent re-entered the meeting during the above discussion.)
Question being taken, the motion was carried with Councillor Waldschutz
voting "nay".
19(a) Municipal Plan Amendment &
(b) Re-Zoning 42 Broad Street
33 Broadview Avenue
251 Sydney Street
19{a)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
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, four parcels of land identified as 42 Broad Street (NBGIC
Numbers 331 and 55036248) having an area of 6,000 square feet, 33 Broadview
Avenue (NBGIC Number 307) having an area of 1,875 square feet, and 251 Sydney
Street (NBGIC Number 299) having an area of 8,000 square feet, from Medium Density
Residential to Light Industrial classification, be read a third time and enacted and the
Common Corporate Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
(Deputy Mayor Chase withdrew from the meeting.)
Question being taken, the motion was carried.
19{b)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-416 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns (1) re-zoning the properties located at 42 Broad
Street (NBGIC Numbers 331 and 55036248) having an area of 6,000 square feet, and
33 Broadview Avenue (NBGIC Number 307) having an area of 1,875 square feet, from
"RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification; and (2)
re-zoning the property located at 251 Sydney Street (NBGIC Number 299) having an
area of 8,000 square feet, from "RM-1" Three-Storey Multiple Residential to "1-1" Light
Industrial classification, be read a third time and enacted and the Common Corporate
Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning of 42 Broad Street and 33 Broadview Avenue be subject to a
condition limiting the use of the properties to warehousing facilities.
The by-law entitled, "By-Law Number C.P. 100-416 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.
85-936
COMMON COUNCIL
JULY 15,1996
20(a) Municipal Plan Amendment And
(b) Re-ZoninQ 22. 26. 30. 32 Pokiok Road
20{a)
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, the following properties: 22 Pokiok Road (NBGIC Number 40295),26
Pokiok Road (NBGIC Numbers 55074280,40303 and 55097810),30 Pokiok Road
(NBGIC Number 46672), and 32 Pokiok Road (NBGIC Number 46680), from Open
Space to Low Density Residential classification, be read a third time and enacted and
the Common Corporate 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.
20{b)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-417 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning the following properties: 22 Pokiok Road
(NBGIC Number 40295),26 Pokiok Road (NBGIC Numbers 55074280,40303 and
55097810),30 Pokiok Road (NBGIC Number 46672), and 32 Pokiok Road (NBGIC
Number 46680), from "1-1" Light Industrial to "R-2" One- and Two-Family Residential
classification, be read a third time and enacted and the Common Corporate Seal be
affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-417 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.
21. Zoning By-Law Amendment To
Re-Zone 133 RaQQed Point Road
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-418 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning approximately 2.5 hectares (6.2 acres) of land at
133 Ragged Point Road (NBGIC Number 55024376), situated adjacent to the Centre
Scolaire Communautaire Samuel-de-Champlain, from "R-1 B" One-Family Residential
and "RS-2" One- and Two-Family Suburban Residential to "IL-2" Major Institutional
classification, be read a third time and enacted and the Common Corporate Seal be
affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions:- (a) the property be
developed in accordance with a detailed site plan, subject to the approval of the
Development Officer, that includes asphalt driveways and parking areas, concrete
curbing and sidewalks, and underground utilities; (b) municipal sewer, water and storm,
and concrete curbing and sidewalk be extended to the subject property to the
satisfaction of the Chief City Engineer; and (c) the required work be completed within
one year from the issuance of the building permit.
85-937
COMMON COUNCIL
JULY 15,1996
(Deputy Mayor Chase re-entered the meeting.)
The by-law entitled, "By-Law Number C.P. 100-418 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.
22. Street Closing By-Law Amendment
Portion Of Old St. Andrews Road
On motion of Councillor Knibb
Seconded by Councillor Trites
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 respect to stopping up and closing the following portion of
highway:-
OLD ST. ANDREWS ROAD - All that certain lot, piece or parcel of land situate, lying
and being in the City of Saint John, County of Saint John and Province of New
Brunswick being bounded and described as follows:
Beginning at a survey marker at the intersection of the westerly sideline of the Old
Road with the southerly sideline of Lot 76-2 as shown on "Subdivision Plan James
Arthur Nice and Anna Margaret Nice Subdivision", dated August 10, 1976, signed by R.
Stuart Dobbin, NBLS and filed in the Saint John County Registry Office by the number
409. The said point or place of beginning having New Brunswick Grid Co-Ordinate
Values (1996), east 326328.554, north 655883.738, and being designated as point
1091 on "Plan of Survey to Accompany Street Closure of Old Road", dated May 9,
1996 signed by Steven R. Saunders, NBLS; going thence from the place of beginning
along the westerly sideline of the aforesaid Old Road on an azimuth referred to the
north point of the New Brunswick Grid Co-Ordinate System one hundred thirty-one
(131) degrees, eleven (11) minutes and ten (10) seconds, nine and forty-eight
hundredths (9.48) metres to a bend therein; continuing along the aforesaid road on an
azimuth of one hundred fifty-two (152) degrees, fifty-four minutes (54) and forty (40)
seconds, eighty-four and forty-five hundredths (84.45) metres to a curve therein;
continuing on a curve to the left, having a radius of fifty-six and sixty-one hundredths
(56.61) metres, an arc distance of forty-eight and fifty-two hundredths (48.52) metres
[the chord equivalent being forty-seven and five hundredths (47.05) metres measured
on an azimuth of one hundred twenty-eight (128) degrees, twenty-one (21) minutes and
ten (10) seconds]; continuing on an azimuth of one hundred three (103) degrees, forty-
seven (47) minutes and fifty (50) seconds, twenty-nine and ninety-two hundredths
(29.92) metres to a curve therein; continuing on a curve to the left having a radius of
fifty-six and sixty-seven hundredths (56.67) metres, an arc distance of thirty-seven and
ninety hundredths (37.90) metres [the chord equivalent being thirty-seven and twenty
hundredths (37.20) metres measured on an azimuth of eighty-four (84) degrees, thirty-
eight (38) minutes and twenty (20) seconds]; continuing on an azimuth of sixty-five (65)
degrees, twenty-eight (28) minutes and fifty (50) seconds, three and fifty hundredths
(3.50) metres more or less to the mean high water mark of the eastern shore of
Lorneville Harbour; continuing along the aforesaid shore northerly, twenty-one and zero
hundredths (21.0) metres more or less to the northerly sideline of the aforesaid road;
continuing along the aforesaid road on an azimuth of two hundred forty-five (245)
degrees, twenty-eight (28) minutes and fifty (50) seconds, two and fifty hundredths
(2.50) metres more or less to a curve therein; continuing along a curve to the right
having a radius of thirty-six and fifty-six hundredths (36.56) metres, an arc distance of
twenty-four and forty-five hundredths (24.45) metres [the chord equivalent being
twenty-three and ninety-nine hundredths (23.99) metres measured on an azimuth of
two hundred sixty-four (264) degrees, thirty-eight (38) minutes and twenty (20)
seconds] to a bend therein; continuing on an azimuth of two hundred eighty-three (283)
degrees, forty-seven (47) minutes and fifty (50) seconds, twenty-nine and ninety-two
hundredths (29.92) metres to a curve therein; continuing along a curve to the right
having a radius of thirty-six and forty-nine hundredths (36.49) metres, an arc distance
of thirty-one and twenty-eight hundredths (31.28) metres [the chord equivalent being
thirty and thirty-three hundredths (30.33) metres measured on an azimuth of three
hundred eight (308) degrees, twenty-one (21) minutes and twenty (20) seconds] to a
85-938
COMMON COUNCIL
JULY 15,1996
bend therein; continuing on an azimuth of three hundred thirty-two (332) degrees, fifty-
four (54) minutes and forty (40) seconds, eighty-eight and thirty-two hundredths (88.32)
metres to an iron stake marking the southwestern corner of Lot 75-1 as shown on
"Subdivision Plan James E. Shipley Subdivision", dated October 9, 1975, signed by
Philip E. Kierstead, NBLS and filed in the aforesaid Registry Office by Number 331;
thence on an azimuth of two hundred fifty-four (254) degrees, forty-three (43) minutes
and thirty (30) seconds, twenty-four and fourteen hundredths (24.14) metres to the
place of beginning.
The herein described parcel contains 3920 square metres more or less and is shown as
the "Old Road" on "Plan of Survey to Accompany Street Closure of Old Road" dated
May 9, 1996 and signed by Steven R. Saunders, NBLS
- be read a third time and enacted and the Common Corporate 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.
23. Planning Advisory Committee
Extension of Municipal Services
133 RaQQed Point Road
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council authorize the normal cost sharing for
the extension of municipal services for the proposed development at 133 Ragged Point
Road to the extent available for residential development in the Subdivision By-Law of
the City of Saint John.
Question being taken, the motion was carried.
24. Venue Saint John
Re ReQatta 125
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by Venue
Saint John, Common Council authorize payment to Regatta 125 in the amount of
$3,000 in support of the sport of rowing and the holding of the 1996 Ross Memorial
Cup Race, such funds to be provided from the L. R. Ross Trust.
Mr. Wilson confirmed staff's support for the recommended funding
provision from the L. R. Ross Trust.
Question being taken, the motion was carried.
25. Crescent Valley Tenants Association
Problem With Ditch On Taylor Avenue
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from the
Crescent Valley Tenants Association advising of a problem with a ditch in the general
area of the Animal Rescue League on Taylor Avenue, and asking that this ditch be
permanently filled in, if possible -- be referred to the City Manager.
Question being taken, the motion was carried.
85-939
COMMON COUNCIL
JULY 15,1996
26. Multicultural Association Of Saint John
(a) New Brunswick Day Celebration
(b) Nansen Medal - Humanitarian Convoy
With regard to the Multicultural Association's letter requesting Council to
appoint a representative to a committee for the New Brunswick Day celebration, the
Mayor advised that, in the past, the City and the Province have on a yearly basis had
an awards ceremony at the New Brunswick Museum and Mr. Bernard Cormier, the
City's Cultural Affairs Officer, has been working on this.
26{a)
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from the
Multicultural Association of Saint John requesting that Council appoint a representative
to the committee to develop a fitting program for the observance of New Brunswick
Day, August 5, 1996 -- be received and filed and Council decline nomination of a
representative and advise the Multicultural Association that the City is involved with the
Province in the New Brunswick Day celebration.
Question being taken, the motion was carried.
26{b)
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Multicultural Association of Saint John requesting that Council nominate a
representative to assist in developing an appropriate program in connection with the
Humanitarian Convoy -- be received and filed and Councillor Walter Ball undertake the
task of liaising with the Federal group in bringing the Humanitarian Convoy to the City
of Saint John.
Councillor Knibb proposed a motion to nominate Councillor Walter Ball in
the above regard, and the Mayor advised that she referred a call from Ottawa regarding
the City's involvement to Public Affairs Manager Kenneth Galbraith, and there will be a
civic ceremony on September 7 in front of City Hall; and suggested that Mr. Galbraith
could work with the Multicultural Association on this matter.
Question being taken, the motion was carried.
27. John M. Wood - Cost To
City Of Acadian Games
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mr.
John M. Wood asking Council to tally up the total cost to the City of the Acadian Games
and for Council to openly address this timely and appropriate issue -- be referred to the
City Manager.
It was suggested that the City Manager's report on the cost of les Jeux
de L'Acadie should also include an estimate of the benefits accrued to the City from
these Games, and the Mayor noted the receipt of letters in appreciation to the City for
its involvement in les Jeux de l'Acadie (a copy of a letter having been forwarded to
Council members as an information item).
Question being taken, the motion was carried.
85-940
COMMON COUNCIL
JULY 15,1996
28. Saint John Trojans Rugby
Football Club - Site For
Fields and Club Facilities
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Trojans Rugby Football Club asking, with Council's permission, to talk with the
appropriate City officials with a view of discussing ways in which the City may be able
to assist in the Club's search for a suitable site on which to build fields and club
facilities -- be referred to the City Manager.
Question being taken, the motion was carried.
29(a) CUPE Locals 61 & 1925
(b) Saint John & Port Police
Officers Re Port PolicinQ
Consideration was given to the letter from (a) the Saint John Policemen's
Protective Association, CUPE Local 61, and Ports Canada Police CUPE Local 1925,
expressing concern that there was no representation on the Security Review
Committee for the Port of Saint John from the City or Port police unions, as well as
concern about certain sections of the Committee's submitted report; and once again
requesting Council's assistance to ensure adequate police protection in the greater
Saint John area; and (b) the letter from Mr. Robert Davidson, Representative of Saint
John & Port Police Officers, expressing the belief that it is incumbent upon Council to
initiate negotiations to ensure that appropriate compensation for police services
provided by the City of Saint John is secured, and suggesting that a committee be
formulated to reach these ends at the earliest opportunity.
Councillor Knibb proposed a motion that Council receive and file the
above letters from CUPE Locals 61 and 1925 and the Saint John & Port Police Officers
with regard to Port policing and urge the Mayor to immediately arrange a meeting with
the Saint John Port Corporation, the Saint John Board of Police Commissioners and, if
necessary, the Police unions. In proposing the motion, Councillor Knibb referred to
Council's request of May 12 for the Mayor to arrange a meeting in this regard and her
indication that the Corporation was not prepared to meet with Council as it was not too
far along in its deliberations in this regard; and suggested that Council needs
clarification in view of the possibility of an added burden to the Saint John Police
Department and cost to the City.
Mayor McAlary, having noted the recent restructuring of the Saint John
Port Corporation as well as Council's recent request for the Chairman to address
Council in the above regard, advised that she would prefer that Council wait until after
the meeting expected to take place by the end of this week involving the Corporation
Chairman and other representatives of the Security Review Committee, the City's
Commissioner of Finance and the Solicitor General, as there would be more
information available to Council following that meeting. The Mayor cited Councillor
Knibb's motion to the effect that the subject letters be received and filed until Council
receives further information, and Councillor Arthurs indicated her intent to second such
motion.
In response to Councillor Vincent's suggestion that the Chief of Police
should report to the Saint John Board of Police Commissioners and the Commission, in
turn, address Council in the above regard as soon as is reasonably possible, the Mayor
advised that she could pass that on to the Commission which will be meeting again the
first part of August; and Deputy Mayor Chase concurred with Councillor Vincent in his
request for timely, pertinent information on this matter, and commented from the point
of view of his suggestion that Common Council might wish to define its position in this
very important issue, particularly knowing the burden of financial cuts being placed
upon Council.
85-941
COMMON COUNCIL
JULY 15,1996
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that the City Manager be
requested to prepare a preliminary briefing on the implications of providing Police
services to the Port, including but not limited to an overview and definition of the issue,
legislative requirements impacting on the City that may require the City to provide the
policing, specialty expertise the City would have to develop, an analysis of the cost and
possible benefits to the City that might come from entering into an agreement to police
the Port.
Upon Deputy Mayor Chase's proposal of the above motion, the Mayor
noted the motion on the floor and questioned Council's authority to get involved in
Police issues in view of the existence of the Police Commission, whereupon Councillor
Knibb withdrew the motion he proposed earlier in the discussion to second the Deputy
Mayor's motion. Mr. Nugent advised that he would not think it would be beyond a
legitimate inquiry of Council to inquire into what the perspective costs might be with
respect to providing additional services, and this would not be an improper intrusion
into the Commission's role in that the Police Commission acts in the place of a
municipality with respect to the policy and direction of the Police Force within the
budget that has been established by Council. During discussion note was made of a
communique from the Federation of Canadian Municipalities (copies of which were
forwarded to Council members as an information item) with respect to a proposed
property tax exemption for major Federal ports, and the Mayor asked the City Solicitor
to check to determine the City's responsibility to provide Police services to the Port.
Question being taken, the motion was carried.
30. The Hardman Group Limited
Re Buskers Uptown Festival
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from The
Hardman Group Limited, Acting as Agents for Market Square Leaseholds Ltd.,
requesting the use of the Boardwalk area for the afternoon and evening performances
of the Buskers Uptown Festival from July 25 to 28 -- be received and filed and the
request be granted.
Question being taken, the motion was carried.
31. River Road Concerned Citizens Committee
Re-ZoninQ Of Property At Crane Mountain
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
River Road Concerned Citizens Committee submitting a copy of a letter recently sent to
the New Brunswick Environment Minister regarding Council's recent actions in re-
zoning property at Crane Mountain -- be received and filed.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
32. Terry J. Amero - Use Of Premises
90 Parks Street Extension
Consideration was given to a letter from Mr. Terry J. Amero advising that
he owns the building and business at 90 Parks Street Extension, which consists of one
beauty salon which is also where he dwells and three apartment units; and asking that
85-942
COMMON COUNCIL
JULY 15,1996
Council consider making a change in the Zoning By-Law that will allow him to reside in
the apartment above the beauty salon so that he can continue to work without it
affecting his health.
Councillor Knibb asked what would be required for Mr. Amero to make
the requested change, to which Mr. Baird replied that, having spoken with Mr. Amero
earlier this date at which time he explained the situation he was in, he is satisfied that
Mr. Amero is presently meeting the requirements of the Zoning By-Law as it exists
because of the interconnection between what was previously two units but are now
clearly used as one unit with a home business established in it; therefore, he sees no
need for Mr. Amero to change the present way he is approaching his home occupation.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from Mr.
Terry J. Amero requesting a change in the Zoning By-Law to allow him to reside in the
apartment above the beauty salon at 96 Parks Street Extension so that he can
continue to work without it affecting his health -- be received and filed and Mr. Amero
be advised that he is not in breach of the By-Law.
Question being taken, the motion was carried.
33. Fundy Region Solid Waste Commission
City Representative On Commission
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Daniel
S. Harrigan, Chairman of the Fundy Region Solid Waste Commission, advising that the
City of Saint John should officially reappoint its current representative, Shirley McAlary,
or appoint a new representative to the Commission by August 1, 1996 -- be referred to
the Nominating Committee.
Question being taken, the motion was carried.
34. Manawagonish Tree Preservation
Committee - Moratorium On Tree CuttinQ
Read a letter from the Manawagonish Tree Preservation Committee
advising of its concurrence that there should be a moratorium of five years placed on
the cutting of any more trees from the remaining urban forest on Manawagonish Road
with the one exception that, should there be an obvious danger to the citizens because
of an exposed defect in a tree, a special permission would be granted by Council.
Councillor Knibb proposed a motion that Rev. Lloyd Lake, President of
the Manawagonish Tree Preservation Committee, be invited to address Council, and
the Mayor suggested that Council could grant the moratorium as requested. Mr. Lake
addressed Council in this regard.
On motion of Councillor Waldschutz
Seconded by Councillor Ball
RESOLVED that a moratorium of five years
be placed on the cutting of any more trees from the remaining urban forest on
Manawagonish Road with the one exception that, should there be an obvious danger to
the citizens because of an exposed defect in a tree, a special permission would be
granted by Council.
Councillor Trites suggested that Council should be aware of staff's
reaction to the above request before taking action.
85-943
COMMON COUNCIL
JULY 15,1996
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager for a report to Council.
Question being taken, the referral motion was carried.
35. Jean Urquhart - Private Road
Status Of Dutch Garden Lane
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from Jean
Urquhart regarding the private road status of Dutch Garden Lane, and advising that she
and her neighbours would like to make this road a public access road -- be referred to
the City Manager.
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