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1997-01-13_Minutes 86-217 COMMON COUNCIL JANUARY 13, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of January, A.D. 1997, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; K. Galbraith, Manager of Public Affairs; E. LeBlanc, Insurance Coordinator; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A. Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Michael Trites, Pastor of Edith Avenue United Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on January 6, 1997, be approved. Question being taken, the motion was carried. (Councillor Gould entered the meeting.) 3. Mayor's Remarks Mayor McAlary proclaimed January 19 to 25, 1997 as VON Week in the City of Saint John in appreciation of the services provided by the Victorian Order of Nurses. Referring to item 11 on the agenda of this meeting, being a letter from Saint John's Member of Parliament Elsie E. Wayne regarding the Federal Infrastructure Program, Mayor McAlary advised of her receipt of a letter earlier this date from the Federation of Canadian Municipalities on the Infrastructure Program asking for the support of Canadian municipalities in sending, once again, a letter to the Prime Minister and the Federal Ministers involved in support of extending this Program. The Mayor also advised that, if the Program is extended for one year, there will be new criteria set out for it; and asked for a resolution of Council giving her the authority to send letters to the appropriate ministers. On motion of Councillor Gould Seconded by Councillor Vincent RESOLVED that authority be given to the Mayor to send letters to the appropriate ministers in the above regard. Question being taken, the motion was carried. 86-218 COMMON COUNCIL JANUARY 13, 1997 Deputy Mayor Chase presented a certificate on behalf of Loyalist Days Inc. to the Mayor in appreciation of her participation in the parade during Heritage Celebration '96, and the Mayor thanked the Deputy Mayor and Councillor Knibb for their attendance at the Loyalist Days event on January 12, and for their involvement on the Loyalist Days Board. The Mayor commented on the activities scheduled during the 1997 AHL All-Star Classic being held in the City on January 13 to 16; and Councillor Arthurs extended a welcome to the City to visiting sales representatives of Wrigley Canada Inc. 4. Appointment Of Deputy BuildinQ Inspector Consideration was given to a report from the City Manager advising that, as in 1995 Mr. H. Burton Steeves was reassigned from Building & Technical Services to the Engineering Department and retained his Council appointment of Deputy Building Inspector and on October 2, 1995 Mr. David Crawford was assigned most of the former duties of Deputy Building Inspector and was confirmed in that position on October 28, 1996, it is now appropriate for Council to designate Mr. Crawford as Deputy Building Inspector; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Common Council resolution of March 19, 1979 appointing Mr. Burton Steeves Deputy Building Inspector is hereby rescinded: AND FURTHER BE IT RESOLVED that Mr. David G.M. Crawford is hereby appointed Deputy Building Inspector who shall be subject to the direction of the Building Inspector and who, when there is no Building Inspector or when the latter is unable to act or absent, shall be the Acting Building Inspector. Question being taken, the motion was carried. 5. Housing Incentive Program Applications #27 - #30 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications:- HIP #27 - Kent Homes for an estimated grant of $52,000 for its Cindy Lee Street development; HIP #28 - Kent Homes for an estimated grant of $96,000 for its Honeysuckle Drive development; HIP #29 - Dr. Paul Chase Professional Corporation for an estimated grant of $44,800 for its Sand Cove Road development; and HIP #30 - Mike Cavanagh Homes for an estimated grant of $14,000 for its Sydney Street development. Question being taken, the motion was carried. 6. 1997 Insurance Read a report from the City Manager advising that the City's Agent of Record has approached his markets and has obtained a renewal quote for the City's 1997 insurance from Frank Cowan Company Limited, the account having been offered to ten companies with the Cowan quote being the only response; also advising that the cost of insurance coverage for the year 1997 is quoted as $684,369, plus the agency fee of $38,500, for a total 1997 cost of $722,869, compares to the total cost for 1996 of $683,641, representing an increase of 5.74%; submitting three schedules which set out the various coverage, deductibles and premiums; and submitting a recommendation in this regard. 86-219 COMMON COUNCIL JANUARY 13, 1997 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Council accept the insurance package offered by Frank Cowan Company Limited, and approve the total payment of $722,869 as follows:- Frank Cowan Company Limited - $684,369; Huestis Insurance Limited $38,500. Question being taken, the motion was carried. 7. Tender For Mini-Packer On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of V Quip Inc., in the amount of $57,731 (plus taxes), be accepted for the supply of one new mini, curbside loading garbage packer. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present for the January 6, 1997 public hearings for the re-zoning of 30 Mountain Road and a Zoning By-Law text amendment regarding yard salvaging.) 8. Zoning By-Law Amendment To Re-Zone 30 Mountain Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-425 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 30 Mountain Road (NBGIC Number 309468), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood 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 a condition limiting the use to a group care facility licensed by the Province as a special care home for no more than ten adults. The by-law entitled, "By-Law Number C.P. 100-425 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. 9. Zoning By-Law Text Amendment Section 820(7), Yard AveraQinQ On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "By- Law Number C.P. 100-426 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding to Section 820(7) the following words at the end of paragraph (b): "for additions or renovations to existing buildings only, provided any addition or renovation does not reduce the existing front yard depth.", be read a third time and enacted and the Common Corporate Seal be affixed thereto. Councillor Waldschutz re-iterated his opposition to the above By-Law on the basis that it was unnecessary and, if enacted, would slow down and make more difficult the completion of projects within the City; and Councillor Brown concurred that there was no need for the proposed By-Law. 86-220 COMMON COUNCIL JANUARY 13, 1997 The by-law entitled, "By-Law Number C.P. 100-426 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 with Councillors Brown and Waldschutz voting "nay". (Councillor Fitzpatrick re-entered the meeting.) 10. Saint John Parking Commission Appointment Of By-Law Enforcement Officer Consideration was given to a letter from the Saint John Parking Commission requesting that Council approve the submitted resolution appointing Mr. Brian Joseph De Ambrose as By-Law Enforcement Officer. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Brian Joseph De Ambrose: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Deputy Mayor Chase asked if the reason for the above appointment would be to replace somebody or mean an additional by-law enforcement officer to which the Mayor indicated that she did not know, whereupon Councillor Brown suggested that the matter should be tabled until it was determined whether the appointment represented a replacement or an addition. On motion of Councillor Brown Seconded by Councillor Gould RESOLVED that the above matter be laid on the table until an answer is obtained with respect to whether the appointment represents a replacement or an addition. Question being taken, the tabling motion was lost with the Mayor and Councillors Ball, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz voting "nay". Question being taken, the motion was carried with Councillor Brown voting "nay". 11. Elsie E. Wayne, M.P. Saint John Federal Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Mrs. Elsie E. Wayne, M.P. Saint John, submitting a copy of a press release regarding the extension of the Federal Infrastructure Program if the municipalities and provinces are in agreement; and asking Council to advise her office as to whether the City is in favour of participating in the extension of this Program and, if so, to arrange a meeting to allow her to discuss this matter further -- be received and Mrs. Wayne be informed that Council will be in touch with her when it determines what its priorities are in this regard. Question being taken, the motion was carried. 86-221 COMMON COUNCIL JANUARY 13, 1997 12. Multicultural Association of Saint John - ImmiQration Act On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Multicultural Association of Saint John Inc. advising of the Minister of Citizenship and Immigration's appointment of an advisory group to conduct an independent review of Canada's Immigration Act; and asking for a copy of the terms of reference and composition as to membership of the Task Force on Immigration and Refugee Support to which Council on November 18, 1996 referred the Association's communication in this regard -- be received and the Association be advised that the Task Force on Immigrant and Refugee Settlement Renewal, under the Chairmanship of Councillor Ball, will be making a submission, to be previously submitted to Council for support, to the advisory group. The Mayor commented on the basis that the Task Force chaired by Councillor Ball was not appointed by Council, and during discussion Councillor Ball advised of the Task Force's membership of Stephen Carson, Rick Miner, Frank Hogan, Judy Burwell, Sherry Golding, Seth Asimakos, Laticia Adair, Aepen John, Richard Campbell, Pat Hay, Martha Vowels and Malcolm Somerville. Question being taken, the motion was carried. 13. Philip J. Lee - Landfill Location On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Rev. Philip J. Lee referring to comments attributed to Councillor Knibb concerning those who oppose the Crane Mountain landfill site; and asking, in light of what is now clearly a case of extreme animus - a bias against the people, if Common Council was not now prepared to reconsider its decision regarding the location of the landfill site -- be received and filed with Councillor Knibb's apology for his remarks at the January 6 Common Council meeting as referenced. Question being taken, the motion was carried. Adjournment On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk