1996-08-12_Minutes
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COMMON COUNCIL
AUGUST 12,1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twelfth day of August, AD. 1996, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Waldschutz
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; G.
Yeomans, Acting Deputy Commissioner of Finance; P. Groody,
Commissioner of Human Resources; S. Armstrong, Director of
Engineering; J. Brownell, Director of Recreation; J. Baird,
Manager, Community Planning; D. Logan, Purchasing Agent; S.
Lodhi, Manager of Real Estate and Facility Management; G. Tait,
Fire Chief; D. Sherwood, Chief of Police; A Martin, Assistant
Deputy Chief of Police; and Ms. C. Joyce, Assistant Common
Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that minutes of the
meeting of Common Council, held on July 29, 1996, be approved.
Councillor Knibb noted Council's award at its last meeting of contract 96-
13 for the sealing of the 900 mm diameter watermain joints on Rothesay Avenue and,
at his request, Mr. Armstrong apprised Council with respect to the August 4 major
failure of the 24-inch cast iron main on Rothesay Avenue near the City's Work Complex
which affected water pressure across the whole of the City and, in most of the eastern
part of the City, causing pressure to drop practically to zero until staff could get the
problem isolated and assign water from other adjacent mains. In response to
Councillor Waldschutz, Chief Tait commented on the issue of safety and security of the
citizenry during the approximate two-hour absence of water at the hydrants to the effect
that the availability of water was not a problem and the Department had everything well
underhand.
Question being taken, the motion was carried.
3(a) Section 39 Amendment To Conditions
Of Re-ZoninQ 154 Germain Street West
The Assistant Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the development proposal and
related conditions imposed when the property at 154 Germain Street West (NBGIC
Numbers 368100 and 366203) was re-zoned in September 1994, to permit the
allowable uses to include a restaurant, cooking school, catering establishment, bakery
and delicatessen, as requested by Mega Enterprises Inc., and no written objections
were received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report considered at the
Committee's August 6 meeting at which Mr. Kevin Carpenter attended on behalf of the
applicant and expressed agreement with the staff recommendation; and recommending
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AUGUST 12,1996
that Common Council amend the conditions attached to the September 1994 re-zoning
of the lands located at 154 Germain Street West (NBGIC Numbers 368100 and
366203) to permit the allowable uses to include a restaurant, cooking school, catering
establishment, bakery and delicatessen.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the Section 39 conditions
attached to the September 1994 re-zoning of the lands located at 154 Germain Street
West (NBGIC Numbers 368100 and 366203) to permit the allowable uses to include a
restaurant, cooking school, catering establishment, bakery and delicatessen.
Question being taken, the motion was carried.
4. Council's Priorities
Read a letter from Mayor McAlary referring to Council's strategic
planning/priority and goal setting sessions which culminated with the engagement of
Mr. John Chalykoff, Dean of the Business School at UNBSJ, as a facilitator to assist
Council in working through a process aimed at coming to a list of priorities that the
entire Council could support; and commenting on the following three priorities which
resulted from this process, as well as on some of the decisions made by Council in the
context of these priorities:- Priority #1 - increasing the tax base in the community;
Priority #2 - a waterfront development initiative; and Priority #3 - finding a solution that
is financially, socially and environmentally-acceptable to the problem of waste disposal
in the entire Fundy Region.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that Common Council
adopt the following three issues as its priorities:- Priority #1 - increasing the tax base in
the community; Priority #2 - a waterfront development initiative; and Priority #3 - finding
a solution that is financially, socially and environmentally-acceptable to the problem of
waste disposal in the entire Fundy Region.
Question being taken, the motion was carried.
5. PrivatizinQ The Princess Of Acadia
Consideration was given to a letter from Mayor McAlary apprising
Council of a task force meeting on August 8 in Digby, Nova Scotia on the Marine
Atlantic issue of privatizing the Princess of Acadia; and requesting that Council pass a
resolution in support of sending a letter to the Federal Minister of Transport to request
an extension on the deadline of the proposal call and to insist that the Federal
Government ensure that this ferry service will remain for the long term, whether it is
privatized or subsidized by the government.
The Mayor advised that the task force in the above regard is in favour of
an extension date from September 17 to November 1 on the proposal call; commented
on her meeting on August 9 with The Honourable Doug Young, Minister of Human
Resources Development Canada, and Mr. Paul Zed, M.P., at which time The
Honourable Mr. Young advised his intent to call the Federal Minister of Transport about
extending the proposal call date; and suggested that, as Premier Frank McKenna is
also expected to contact the Federal Minister in this regard, a telephone call should be
made to the Premier's Office on August 13 to ensure that this is being done.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that a letter be forwarded to
the Federal Minister of Transport, The Honourable David Anderson, requesting an
extension on the deadline of the proposal call and insisting that the Federal
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AUGUST 12,1996
Government ensure that this ferry service will remain for the long term, whether it is
privatized or subsidized by the government, and also that contact be made with the
Premier's Office in this regard.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary, further to Common Council resolution of July 15, 1996,
recognized Saint John Fire Fighter Douglas Trentowsky for the outstanding effort and
professionalism he displayed on April 1, 1995 in rescuing a woman who was trapped in
her vehicle in the Bay of Fundy off Red Head Road by presenting him with a Medal of
Bravery, noting that a medal of this type had not been presented by Common Council
since the 1960s and that only ten such awards have been made to her knowledge.
Mayor McAlary presented a plaque to Mrs. Valerie Evans, Chair-person
of Loyalist Days Heritage Celebration '96, in appreciation of her efforts on behalf of the
City in organizing this event.
Presentation Of Environment Awards
Mayor McAlary welcomed to the meeting Dr. Richard Scott, Chairman of
the Environment Committee, who addressed Council with regard to the Committee's
introduction in 1996 of an Environment Award program in an attempt to recognize
people for their efforts in protecting the environment within the City and the intent for
this to be done on an annual basis; and presented Environment Awards to Mr. Thomas
Miller of PCL & Eastern Packaging Limited which processes or recycles millions of
plastic bags yearly, and Mr. D'Arcy Murphy of Tim Horton's for the initiative taken by
D'Arcy and Barb Murphy in terms of beginning a non-smoking environment for their
customers.
Mayor McAlary commended the organizers of Festival By The Sea which
commenced on August 9; proclaimed August 18 as Festival By The Sea Marathon
Sunday in the City of Saint John, and noted the Art Festival in the New Brunswick
Museum at Market Square in conjunction with Festival By The Sea; and also
proclaimed August 17 as National Homeless Animals Day in the City of Saint John.
The Mayor expressed appreciation to the Province of New Brunswick for
its contribution of $10,000 for capital improvements to City facilities, particularly
Shamrock Park, which were required for les Jeux de l'Acadie in June, as well as to the
City Manager and the Director of Recreation for submitting the application for funding to
the Province on behalf of the City; and advised of a meeting in Saint John on August
15 with Mr. Bill Brown, President of B.C. Sugar, Mr. Paul Zed, M.P., and others, with
respect to Lantic Sugar.
Councillor Ball, a member of the Fort LaTour Development Authority,
noted the official commencement of further archaeological work being undertaken by
the Department of Municipalities, Culture and Housing on the Fort LaTour site on
Thursday, August 15, followed by the official opening of the official Fort LaTour Exhibit
at the HMCS Brunswicker and reception on the Brunswicker; and Deputy Mayor Chase
advised that it has been brought to his attention that he and Councillor Arthurs, in their
commentary on the Loyalist Days Parade during the Fundy Cable Television coverage,
neglected to mention Mr. Leo Mulholland as the organizer of the Parade.
7. The Power Commission Of The City
Of Saint John - 1995 Annual Report
Messrs. Donald Royal, Chairman; Richard Burpee, General Manager;
and Noel Wittrien, Manager of Finance, of The Power Commission of the City of Saint
John, were present at the meeting; and Mr. Royal, in highlighting the Commission's
1995 Annual Report, noted the Utility's employment of over 90 full-time personnel with
a payroll in excess of $3.5 million, its annual expenditure of $4 to $5 million yearly in
the local economy through the purchase of day-to-day operating supplies, its 35,000
customers, and its annual revenue of $67 million. Mr. Royal compared the
Commission's service reliability with other utilities in Canada in that the average
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AUGUST 12,1996
interruption to the Commission's customers is one-third and the length of outage is
three-quarters of the Canadian average; and advised that the Commission's number
one priority is to continue to maintain its high level of service and, in line with this, part
of what the Commission is currently doing is constructing a new sub-station on
Grandview Avenue as well as significantly upgrading services in the Dever Road and
Millidge Avenue substations. Mr. Royal made the observation that the 1995 financial
results, while positive, are not acceptable on an ongoing basis, although the recently-
negotiated contract with NB Power will ensure the financial stability of the utility well
into the future and, hopefully, will provide significant benefits to its customers over the
next ten years.
Mr. Royal responded to Council queries with regard to the possibility of
deregulation; the cost of service ratio for residential, industrial and commercial
customers; the fact that major industry in the City, such as Irving, deals directly with NB
Power for its power; the efficiency of the Civic Hydro Charlotte Street site; the
Commission's retained earnings and contingency reserve; and the legal relationship
between the City and the Commission, the latter which he suggested could be an issue
of discussion between the City Solicitor and the Commission's solicitor in an attempt to
have something more definitive than is currently the case.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the 1995 Annual Report
presented by The Power Commission of The City of Saint John be received and filed
with appreciation.
Question being taken, the motion was carried.
8. Presentation Re Port Police Issue
The Mayor advised that, further to Common Council resolution of July
29, 1996 adding the Saint John Policemen's Protective Association CUPE Local 61 and
the Ports Canada Police CU PE Local 1925 to the list of presenters on the matter of the
Port Police issue, the Unions were unable to be present at this meeting; and called
upon Mr. Peter Glennie, Chairman of the Saint John Port Corporation, to address
Council at this time.
Present with Mr. Glennie in the above regard were The Honourable Jane
Barry, Solicitor General; and Messrs. Mike Connolly, Director of Policing Services,
Province of New Brunswick; Graham Kee, Director of the Saint John Detachment of
Ports Canada Police; John King, Chairman of the Saint John District Committee of the
Maritime Employers Association; AI Soppitt; Chief Executive Officer and President of
the Saint John Port Corporation; Dan Coffin, representing Revenue Canada Customs
Regional Office in Halifax; and Gerry Lynch, Officer in Charge of Federal Policing for
the RCMP in the Province of New Brunswick. The delegation distributed to the Council
members at this time information kits including a copy of the Security Review Report for
the Port of Saint John, a map of the Port of Saint John, and a copy of the slide
presentation to Common Council on this date.
Mr. Glennie, in addressing Council, advised the intent of the members of
the delegation to focus upon the situation as it currently exists in order to clarify the full
scope of existing security and policing at the Port of Saint John; emphasized that the
existing Police Force at the Port of Saint John is a detachment of Ports Canada Police
and the members of the Ports Canada Police are employees of the Canada Ports
Corporation, not the Saint John Port Corporation; and made the observation that under
Canada's National Marine Policy, which was announced by the Federal Minister of
Transport on December 14, 1995, public ports would be commercialized, the Canada
Ports Corporation would be phased out, and a number of major ports would become
part of a national port system, including the Port of Saint John and, although the Saint
John Port Corporation has received no notice with respect to the status of the Saint
John Detachment of Ports Canada Police nor any comments back from the Security
Review Report, it is understood that the Standing Committee will be in Saint John in
late October for hearings on the proposed legislation. Mr. Glennie, commenting on the
conclusions and recommendations contained in the Security Review Report, explained
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AUGUST 12,1996
that, as physical security comprises the majority of the activities performed by the Ports
Canada Police Detachment in the Port of Saint John and the provision of policing
services in the Port is clearly a government responsibility, the most logical alternative
for the continuation of the provision of policing services to the Port of Saint John is for
those services to be provided by the City of Saint John Police in a similar manner as
policing services are provided to other major industrial taxpayers within the City of Saint
John; and, with respect to security services, it is the intention and recommendation that
these services be provided by the various terminals with respect to their respective
properties and by the Saint John Port Corporation with respect to its property and also
that, if a decision is made by the Federal Government to disband Ports Canada Police,
consultation would have to take place with respect to the process which would then
apply and, as recommended by the Security Review Report, measures should be put in
place for fair and equitable treatment of members of the Detachment with respect to
issues such as severance arrangements and opportunities for other employment. Mr.
Glennie expressed confidence that, should the Canada Ports Corporation Police be
eliminated, the residual enforcement issues could be reasonably assessed and dealt
with effectively, and that at the conclusion of this process, the Port of Saint John would
have the proper security and policing services, although there are several issues which
have to be dealt with, including the issue of property taxation in that, while it is
understood that the Province of New Brunswick intends to make changes in this regard,
the Saint John Port Corporation has not been advised as to what those changes would
be.
Solicitor General Barry addressed Council on the responsibility of her
Department for policing at the Provincial, municipal and Port level; and advised that the
presentation at this meeting should indicate to Council that her Department is satisfied
with the current arrangement as far as policing goes and will have to be satisfied with
any future arrangement in this regard.
Mr. Connolly, acting as facilitator and moderator for the presenters,
commented on security considerations at the Port based on risk, opportunity, motive,
consequence and cost; Corporate responsibility with respect to safety and security
conscientiousness, contingency planning, and site security; law enforcement
responsibility from a Provincial perspective; and police and security arrangements
currently in place at the Port of Saint John.
Inspector Kee, in summarizing the Port Policing report included in the
Security Review Report, described the current physical and human resources at the
disposal of the Ports Canada Police members to assist in their performance of duties
and achieving their objectives in Saint John; the Protective Services Program in place,
including police measures, internal security and emergency planning measures;
clarified the role of the Ports Canada Police in the areas of search and rescue,
smuggling and immigration which are not part of the Ports Canada Police mandate; and
apprised Council of the basic differences between seaport and municipal policing.
Mr. King advised that the members of his Committee control directly or
indirectly in excess of 90 per cent of the non-petroleum cargo that is handled through
the Port of Saint John; and addressed Council on: (1) the manner in which business
has changed at the Port from manual to automated-equipment handling of cargo of the
type which is generally speaking not subject to pilferage; (2) the responsibility of the
Port tenants, which are private tenants, for the security, health and safety of their
employees; (3) public accessibility to the Port area; (4) the responsibility of agents for
the boarding of ships; (5) payment of full property taxes by the Port tenants; and (6) the
issue of Marine rescue.
Captain Soppitt advised the status of other Canadian ports in terms of
arrangements made for future policing services in view of the Canadian Marine Act Bill
C-44; and addressed the issue of search and rescue for which the current procedures
are contained in the Harbour Contingency Plan and the support provided in this regard
by the Ports Canada Police as part of the response team, as well as the issue of cruise
ship security.
Mr. Coffin provided an overview of the roles and responsibilities of
Revenue Canada - Customs Border Services in controlling the entry into Canada of
individuals arriving aboard marine vessels.
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Inspector Lynch apprised Council of the current mandate in Federal
policing in the Province in general and, more specifically, in Saint John in its working
relationship with the Saint John Police Force and other enforcement agencies, such as
Revenue Canada Customs and Excise and Immigration Canada, and of the support
services provided to the Port of Saint John in a primarily reactive role in responding to
requests for assistance from the agencies of jurisdiction, mainly involving drugs,
customs and excise, immigration and passport and Federal enforcement sections.
The Mayor thanked the members of the delegation for their
presentations and, in response to her question as to the Saint John Police Force's
current involvement at the Port of Saint John on a regular basis, Chief Sherwood
advised that the Force does nothing on a regular basis at the Port, but assists the Port
Police from time to time with specialized services, such as forensic identification, Police
service dogs, polygraph services and other types of technical support; however, the
Saint John Police Force does not get involved in routine patrols and general day-to-day
assistance. The Mayor asked Mr. Glennie to summarize what the Saint John Port
Corporation would expect from the Saint John Police Department if the elimination of
the Ports Canada Police takes place, to which Mr. Glennie replied that the Corporation
would expect the Saint John Police Force to continue what it is already doing, based on
the review and his understanding of what the users want, which is anticipated to be
adequate for the Port of Saint John.
During discussion note was made of Common Council resolution of July
15, 1996 requesting the City Manager to prepare a preliminary briefing on the
implications of providing policing services to the Port of Saint John; and Chief
Sherwood advised that staff members in his Department are reviewing statistics for
1995 on Ports Canada Police activity provided to him by Inspector Kee to determine the
volume of work and what would be expected of the Saint John Police Force in that, if
the Ports Canada Police were disbanded, the Force would then be responsible for an
additional geographical area, and it is anticipated that a report in this regard would be
provided to Council in two to three weeks time; however, at this time it would be too
early for him to make any commitment as to exactly what would be required from the
Saint John Police Force.
(Deputy Mayor Chase withdrew from the meeting.)
9. ParkinQ On Mountain Road
Consideration was given to a report from the City Manager advising that,
further to Council's tabling on July 29 of a proposed Traffic By-Law amendment with
respect to parking on Mountain Road, staff contacted Mr. Lee Beyea with respect to his
concerns with the proposed change who indicated that he would have no place in
winter to park while having his driveway plowed, although if Mountain Road Court were
available, this would solve his problem, and also that staff recommends that Council
proceed with third reading of the amendment which is on the agenda of this meeting;
and recommending that this report be received and filed.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the above report be received and filed.
Question being taken, the motion was carried.
10. Proposal For SCADA System UpQrade
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Council accept the proposal of Digital Products Ltd., in the amount of
$81,377 (plus applicable taxes) for the supply of Motorola hardware, enclosures and
programming, as necessary, to complete the planned upgrade to the SCADA System.
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Question being taken, the motion was carried.
11. Tender For Contract 96-14
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Contract 96-14 - Broadway Street storm sewer, be awarded to the low
tenderer, Kevin H. Steele Contracting Ltd., at the tendered price of $51,991, as
calculated based upon estimated quantities, and the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
12. Bavview Elementarv School PlaVQround
Read a report from the City Manager recommending that, further to the
July 15 presentation to Council by the Bayview Elementary School Playpark Committee
requesting the City to cost share in the development of a playground at the Bayview
Elementary School, Common Council (1) support the development of the Bayview
Elementary School playground as proposed to Council on July 15, 1996; (2) authorize
that the City of Saint John contribute up to $11,000 from the Land For Public Purposes
Trust Fund in support of the development; (3) concur with staff's recommendation that
the playgrounds at Woodlawn School and Courtenay Avenue be removed; and (4)
recommendations (1) and (2) be subject to the Bayview Elementary School Playpark
Committee providing documentation indicating that School District #8 is supportive of
the project and that the Committee agrees to undertake to assist in the ongoing
maintenance of the playground.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council support the development of the Bayview
Elementary School playground as proposed to Council on July 15, 1996, and authorize
that the City of Saint John contribute up to $11,000 from the Land For Public Purposes
Trust Fund in support of the development; and that recommendations (1) and (2) be
subject to the Bayview Elementary School Playpark Committee providing
documentation indicating that School District #8 is supportive of the project and that the
Committee agrees to undertake to assist in the ongoing maintenance of the
playground:
AND FURTHER that section (3) of the City Manager's recommendation
that Council concur with staff's recommendation that the playgrounds at Woodlawn
School and Courtenay Avenue be removed -- be referred to the City Manager for a
further report to Council.
(Deputy Mayor Chase re-entered the meeting.)
Councillor Trites expressed concern that, while he could accept staff's
recommendation on the Courtenay Avenue playground, closing the Woodlawn School
playground would mean that the children concerned would have to cross Loch Lomond
Road to get to the Bayview Elementary School playground; and asked that staff
provide more rationale in this regard. Mr. Brownell explained that the Woodlawn
School playground consists of two areas, one being a hard-surfaced area with
basketball standards, the other being a very old playground that is in poor repair, and it
is the latter that staff is recommending be removed and that, having talked to the
Woodlawn Home and School representative who worked with the City in putting in that
playground, there was no concern in this regard; and during discussion Mr. Totten
advised that, if the above motion were approved, staff would undertake to go back to
the Woodlawn area and, if there is an indication that there is a community interest to
keep the existing structure in place, staff would proceed on that basis and report to
Council on this issue.
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Question being taken, the motion was carried.
13. Resolution Re Harmonized Sales Tax Issue For
Submission To Cities Of New Brunswick Association
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the following resolution be submitted for consideration at the Cities of
New Brunswick Association meeting in September:
WHEREAS the total projected increase in cost due to a harmonized sales tax
for the City of Saint John is over $1.3 million dollars on an annual basis; and
WHEREAS the other Cities of New Brunswick may experience proportionate
cost increases; and
WHEREAS there is potential for this cost to increase as more services are
contracted; and
WHEREAS The Honourable Edmond Blanchard, Minister of Finance, promised
that "municipalities will be no worse off after harmonization"; and
WHEREAS this undertaking is very similar to the one agreed to by the Federal
Government when the GST was introduced; and
WHEREAS the Federal Government provided a rebate mechanism to ensure
municipalities did not pay more; and
WHEREAS the Province has already decided to reduce funding to all
municipalities by $8 million in each of 1997 and 1998:
THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association
strongly urge the Provincial Government to offer a rebate to municipalities equal to the
shortfall that will be experienced under the harmonization of the Provincial and Federal
tax.
Question being taken, the motion was carried.
14. Approval Of Unspecified Grants
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager submitting a copy of reports to Council from the City Solicitor, dated March 13,
1992 and April 8, 1974 on the approval of unspecified grants in that over the past
number of months there has been some confusion in this regard with Council, in some
instances, giving approval to grant requests, while in other instances referring such
requests to the City Manager; suggesting that, while it would certainly be appropriate
for the City Manager to be requested for background information on a request before a
decision is made, Council should not be referring requests to the City Manager for the
purpose of having the administration make a final decision; and recommending that all
decisions with respect to requests for grants be made by Common Council -- be
received and filed and the recommendation adopted.
Question being taken, the motion was carried.
15. Support For Opera New Brunswick Inc.
Consideration was given to a report from the City Manager submitting a
recommendation further to Council's consideration on July 15 of the request of Opera
New Brunswick Inc. for the City to provide $500 towards the surtitle presentation of the
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organization's first full-length comic opera, "The Marriage of Figaro".
On motion of Deputy Mayor Chase
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, the City support Opera New Brunswick Inc. in the requested amount of
$500 in its presentation of "The Marriage of Figaro".
Question being taken, the motion was carried.
(Councillor Ball withdrew from the meeting.)
15A. Hatheway Trust Labour
Temple - Dominion Park
Read a report from the City Manager submitting a copy of a report dated
July 31, 1995 which sets out the next steps to be taken with respect to the proposed
Hatheway Trust development of a labour temple at Dominion Park which staff had
purposely postponed submitting to Council while attempting to find an alternative site
for the development that would garner more public support; advising of considerations
should the proposed development proceed in Rockwood Park in that, while both the
City and the Trust would prefer to see the development proceed with no opposition,
there are no guarantees that a move to the Rockwood Park area would result in any
additional support for the project; and recommending that Council adopt the
recommendation as contained in the submitted report to amend items 1.1, 1.2 and 3 of
Common Council resolution of May 1, 1995 pertaining to the leasing of land to the
Hatheway Trust.
The Mayor asked if Council would consider tabling the above matter in
view of Council's rejection of the Dominion Park Preservation Association's request on
February 19 to meet with Council in Committee of the Whole on the labour temple
issue, and as the residents of the Dominion Park area would like the opportunity to
meet with Council in Committee of the Whole in this regard (as requested in a letter
from Mr. Leslie A Mackie, dated August 12, 1996, of which copies were distributed to
Council members at this meeting).
On motion of Deputy Mayor Chase
Seconded by Councillor Gould
RESOLVED that the above matter be laid
on the table pending a presentation by residents of the Dominion Park area at the next
Committee of the Whole meeting.
Question being taken, the tabling motion was carried.
(Councillor Fitzpatrick withdrew from the meeting as he was not present
for the July 29 public hearing with regard to the proposed Street Closing By-Law
amendment to close a portion of Lake Road.)
15B. Street Closing By-Law
Amendment - Lake Road
Consideration was given to a report from the City Manager submitting a
copy of correspondence from the Legal Department regarding ownership of Lake Road,
Council having tabled a proposed Street Closing By-Law amendment at the July 29
public hearing for examination of the question of ownership; noting that the Solicitor is
stating that actions being taken by the City are a necessary step to remove the public's
right to use the road in question and, as for actual ownership of the area, there is a
separate legal process that any person alleging ownership may institute; and
recommending that Council proceed with first and second readings of the proposed
closing of Lake Road.
27. Julie McCluskey
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AUGUST 12,1996
Access To Treadwell Lake
Consideration was also given to a letter from Ms. Julie McCluskey
expressing concern that, with regard to a news broadcast reporting on the July 29
Common Council meeting and on the matter of selling lake front rights-of-way to
residents on Treadwell Lake, little by little the residents on the Lake front have claimed
ownership so that now there are only a few areas left where people can get access to
the Lake; and asking that her concern be taken into consideration.
15B
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways
In The City Of Saint John", with regard to Lake Road, be read a first time.
During discussion Councillor Gould questioned the reason for the
proposed amendment and the issue of accessibility to the Lake if the portion of Lake
Road concerned were closed, and Mr. Nugent advised that, if the street were closed,
the public's right to use that area would be extinguished and, if there were any right of
residents in the area or the public generally to reach the Lake, it would have to be by
some means other than the portion of Lake Road being closed, although the question
of what rights anybody might have to reach the Lake has not been examined. It was
suggested that, prior to third reading, Council could be provided with additional
information on the reason for the proposed street closure.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
Read a first time 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".
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-
Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to Lake Road, be read a second time.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
Read a second time 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".
(Councillors Ball and Fitzpatrick re-entered the meeting.)
27
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from Ms.
Julie McCluskey regarding the matter of residents' access to Treadwell Lake -- be
received and filed.
Question being taken, the motion was carried.
16. Traffic By-Law Amendment
ParkinQ On Mountain Road
Consideration was given to a report from the City Solicitor, which was
tabled on July 29, submitting for Council's consideration of third reading a proposed
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AUGUST 12,1996
Traffic By-Law amendment with respect to parking on Mountain Road which was given
first and second readings on July 15, 1996.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
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 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 Traffic
On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle
Act, 1973, And Amendments Thereto", was read in its entirety.
Question being taken, the motion was carried.
17. Payment Of Invoice Re Outside
LeQal Counsel Fish And Game Action
Consideration was given to a report from the City Solicitor submitting
accounts of Patterson Palmer Hunt Murphy, the law firm retained in July 1995 as
counsel for the City in the matter of The City of Saint John and Saint John Horticultural
Association v. New Brunswick Fish and Game Protective Association (Saint John
Branch) Inc.; and recommending that Council authorize payment.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that payment be
authorized in the amount of $51,533.57 to the firm of Patterson Palmer Hunt Murphy,
legal counsel for the City in the matter of The City of Saint John and Saint John
Horticultural Association v. New Brunswick Fish and Game Protective Association
(Saint John Branch) Inc., as per the submitted accounts.
Question being taken, the motion was carried.
18. City Market
Consideration was given to a report from Mr. B. Cullinan, Solicitor - Legal
Department, responding to Common Council resolution of July 29, 1996 directing the
City Solicitor to determine the necessity of a City Market By-law and, if so, to review the
legality of a number of proposed amendments with respect to the hours of operation,
the necessity of having a Deputy Market Clerk position, and the necessity to have all
leases approved by Common Council.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the above report
from the Legal Department be received and filed and Council await a further
recommendation from the City Manager.
Mr. Nugent, in response to Council queries, expressed the opinion that
each individual case of a change in the hours of operation would require a City Market
By-Law amendment, unless a list of changes for a particular period of time, such as a
year, was available, in which case one By-Law amendment, rather than several, would
be possible; and also that, as to the necessity of Council approving leases for City
Market space, the only way the Mayor and Common Clerk can execute a document is
based upon authority given by a Common Council resolution, and Council could not
adopt a policy, by resolution, authorizing that to happen without the requirement of
Council's approval in that, to his knowledge, there is no alternative but to have
Common Council approve any lease of City property.
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AUGUST 12,1996
(Deputy Mayor Chase withdrew from the meeting.)
Question being taken, the motion was carried.
19. Planning Advisory Committee
Subdivision 4 Mcilveen Drive
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to any required municipal
services and public utility easements for the proposed subdivision at 4 Mcilveen Drive;
and (2) authorize the preparation and execution of a City/Developer subdivision
agreement to ensure provision of the required work and facilities.
Question being taken, the motion was carried.
20. Planning Advisory Committee
Assent To Public Utility
Easement - 304 Westmorland Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to a subdivision plan for the
proposed lot at 304 Westmorland Road with respect to the required public utility
easement from Westmorland Road.
Question being taken, the motion was carried.
21. Planning Advisory Committee
Section 101 Agreement
185-187 Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council authorize the execution of a Section
101 agreement to contain the Committee's condition that the subject garage at 185-187
Golden Grove Road is to be used only in conjunction with the residential use of the
property at 185-187 Golden Grove Road.
Question being taken, the motion was carried.
22. Master Plumbers Examining Board
Terrell MudQe License Reinstatement
Councillor Gould, Chairman of the Master Plumbers Examining Board,
asked that the above matter be tabled for two weeks as, based on information received
from the Solicitor, the Board must re-examine its recommendation to reinstate Mr.
Terrell Mudge's master plumbers license.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the letter from the Master
Plumbers Examining Board regarding Terrell Mudge be laid on the table for two weeks.
Question being taken, the tabling motion was carried.
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AUGUST 12,1996
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the matter of the Mispec
Park project, which was considered in Committee of the Whole earlier this date under
item 40, be added to the agenda of this meeting for consideration as item 23A
Question being taken, the motion was carried.
(Deputy Mayor Chase re-entered the meeting.)
23. Elsie E. Wayne, M.P. - Funding For
Mispec Park Recreation Committee Project
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from Mrs. Elsie
E. Wayne, M.P., advising that she has authorized the funding for the Mispec Park
Recreation Committee project, which was a subject of discussion at Council's last
meeting -- be received and filed with appreciation.
Question being taken, the motion was carried.
*23A. Mispec Park Project
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that Council approve a grant of
$5,000 for the Mispec Park Recreation Committee project at Mispec Park.
Question being taken, the motion was carried.
24. The Coalition To Save Our Highway Committee
Re Proposed Route Of Trans Canada HiQhwav
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the letter from Mr. John
Jenkins, Chairman of The Coalition To Save Our Highway Committee, expressing
concern about the proposed route of the Trans Canada Highway from Coles Island to
Riverglade bypassing Sussex; and requesting Council's support in the form of letters to
Premier Frank McKenna and/or the Coalition stating opposition to the proposed Trans
Canada Highway from Coles Island to Riverglade -- be received and filed
The Mayor advised that the Coalition has already met with the Premier in
the above regard and the Provincial Government is dealing with the Town of Sussex in
that, while the decision on the Trans Canada Highway route is not going to change, the
Premier has indicated the intent to assist the Sussex area in its signage, as well as in
attracting people to the Sussex area; and called for a motion to receive and file the
above letter.
Question being taken, the motion was carried.
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AUGUST 12,1996
25. Air Force Association Of
Canada - Memorial Fund Donation
On motion of Councillor Gould
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mr.
Philip F. Connell, Senior Past National President of the Airforce Association of Canada,
requesting financial assistance in the amount of $1,000 towards the completion of a
memorial to honour the airmen and airwomen of New Brunswick who lost their lives in
the Second World War -- be received and filed and a grant of $1,000 be made
available for the memorial.
The City Manager was asked to provide Council with an update report at
the next meeting on the status of the unspecified grant fund.
Question being taken, the motion was carried.
26. FCM Re SaQuenav & Lac-St-Jean Floods
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter the Federation of
Canadian Municipalities advising that a number of municipalities have already
expressed a desire to provide technical assistance, equipment and materials, or other
resources that might assist municipal governments in the Saguenay and Lac-St-Jean
regions of Quebec which have been ravaged by floods on a massive scale, and FCM,
in an attempt to coordinate such arrangements and integrate any financial
contributions, has established a hot-line through which contributions can be discussed
and recorded; and inviting Council to contact FCM through the hot-line or by filling out
and faxing the submitted general offer of assistance -- be referred to the City Manager.
Question being taken, the motion was carried.
28. River Road Concerned Citizens Committee
Re Proposed Crane Mountain Landfill
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
River Road Concerned Citizens Committee submitting copies of its recent
correspondence to New Brunswick Ministers of the Environment and Municipalities,
Culture and Housing regarding the proposed Crane Mountain landfill -- be received and
filed.
Question being taken, the motion was carried.
29. New Brunswick Rugby Union
Request For Financial Support
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the New
Brunswick Rugby Union requesting financial support for a New Brunswick women's
team to compete nationally in Regina, Saskatchewan in September -- be received and
filed and the team be extended best wishes for success.
Question being taken, the motion was carried.
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AUGUST 12,1996
30. City Market Merchants And Tenants Association
City ManaQer's Report Re City Market
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from the City
Market Merchants and Tenants Association commenting on the City Manager's report
to Council on July 29, 1996 with regard to the operation and maintenance of the City
Market; and requesting Council not to approve 3.1 of the City Manager's report and an
opportunity to make a presentation to Council on the City Manager's recommendations
before Council votes on them -- be received and filed.
Question being taken, the motion was carried.
31. Human Development Council
Space In City Market Tower
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the Human
Development Council expressing concern about recommendation 2.3 with respect to
current tenants of the City Market tower which was part of the City Manager's report to
Council on July 29; and asking that any deliberation to reduce funding to the Human
Development Council be based on separate deliberations, rather than implemented as
a result of a consideration of the operation and maintenance of the City Market -- be
referred to the City Manager.
Councillor Trites, in seconding the above motion, suggested that the
matter in question should be part of Council's budget discussions.
Question being taken, the motion was carried.
32. Multicultural Association
Of Saint John - City Market
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Multicultural Association of Saint John suggesting that, in view of the recent unfortunate
controversies respecting the City Market, the reestablishment of the Market Committee
might be of some benefit; and advising that it would be pleased to nominate a
representative to sit on this Committee -- be received and filed.
Question being taken, the motion was carried.
33. Barbara Munroe - Supply Of
Water To Village Of Renforth
And To RaQQed Point Area Of City
The Mayor suggested that, as the matter of a water supply to Ragged
Point has been the subject of previous letters to Council, the City Manager should cost
the project for Council.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Ms.
Barbara Munroe referring to her previous letter to Council on March 18 regarding the
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AUGUST 12,1996
supply of City water to Renforth and the lack of palatable water at her home in Ragged
Point; and putting forth comments and questions in view of Council's vote to provide
water to the Village of Renforth -- be referred to the City Manager for a report to
Council.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Assistant Common Clerk