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1997-01-27_Minutes 86-233 COMMON COUNCIL JANUARY 27,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of January, A.D. 1997, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, 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; W. Butler, Commissioner of Community Services; D. Sherwood, Chief of Police; G. Tait, Fire Chief; 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 David Warren, Pastor of Saint John Foursquare Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meetings of Common Council, held on January 20, 1997 and January 23, 1997, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary advised of the extension of the deadline for submission of applications for citizen membership on the Saint John Police Force Implementation Team. Mayor McAlary extended condolences to the family of the late Mr. Charles Swanton, a Saint John businessman, who passed away on January 25, and to the family of the late Mr. Lloyd VanWart, a former member of the Saint John Fire Department, who passed away on this date. Mayor McAlary referenced the Provincial amendment to the Plumbing Installation and Inspection Act on January 1, 1997 eliminating municipal authority to regulate the licensing of master plumbers and allowing a single Provincially-issued license to be recognized throughout New Brunswick, as well as Council's anticipated enactment of the Plumbing Trade and Master Plumbers By-Law amendment in this regard which was given first and second readings on December 16, 1996; and, having thanked the people who had served on the City's Master Plumbers Examining Board, presented plaques in appreciation of their service to Gerald Peer, Gerald Vickers, Raymond Yorke and Councillor Arthur Gould, Chairman of the Board, noting the absence from this meeting of Messrs. James Lawton and Kenneth Somerville to whom plaques would be presented at a later date. 86-234 COMMON COUNCIL JANUARY 27,1997 4. "Drink Smart Canada" CampaiQn Consideration was given to a letter from Mayor McAlary regarding the submitted letter from Mr. Paul J.M. Szabo, M.P. Mississauga South, Ontario, asking for support in principle for a national public education and awareness campaign - DRINK SMART CANADA; and requesting that Council endorse this campaign by sending a letter of support. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that Council endorse the DRINK SMART CANADA campaign as requested by Mr. Paul J.M. Szabo, M.P. Mississauga South, Ontario. Question being taken, the motion was carried. 5. Communities In Bloom ProQram Read a letter from Mayor McAlary regarding the submitted letter from the National Chairman of the Communities in Bloom Program requesting assistance in the request for sponsorship from the Federal Government for the 1997 edition of Communities in Bloom; and requesting Council's support of this program. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that a letter of support be forwarded as requested by the National Chairman of the Communities in Bloom Program. Question being taken, the motion was carried. 6. Motor Vehicle Act Re On-Street ParkinQ Consideration was given to a letter from Councillor Waldschutz seeking Council's support in sending for the attention of the Cities of New Brunswick Association at its forthcoming meeting a resolution designed to seek help in amending the Motor Vehicle Act with respect to on-street parking in that the Act states that a vehicle may be deemed to be abandoned if not operated in a 24-hour period. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above matter be referred to the City Solicitor and the City Manager and for consideration at the forthcoming Cities of New Brunswick Association meeting this weekend. The initial motion proposed was to refer the above matter to the City Solicitor to see whether he could word something appropriate; and during discussion, at the Mayor's suggestion that the matter should also be referred to the City Manager for a report on the effect this could have on snow plowing and street cleaning, the mover and seconder of the motion agreed to add to the motion a referral to the City Manager. Councillor Knibb clarified that his initial motion to refer to the City Solicitor was because a vague sort of complaint such as that submitted would have to be more specific, although the motion could be changed so that, after the City Solicitor has defined it, it could be taken to the seven Cities' meeting in Moncton this Friday evening, and the seconder of the motion agreed with the proposed change. The Mayor expressed the opinion that this issue should not be taken to the Cities of New Brunswick Association meeting Friday night without having the proper documentation to accompany it, including a report from the City Manager and the Fire and Police Departments. Councillor Vincent suggested that, rather than take this matter to the forthcoming Cities of New Brunswick Association meeting where it could be lost due to lack of interest by other munici-palities, staff should submit a report to Council on what Council might be 86-235 COMMON COUNCIL JANUARY 27,1997 able to do, perhaps by a by-law, in this regard. Mr. Totten advised that he would be prepared to raise this matter at the City Managers' meeting on January 31 to see if it there would be support for this so that at some point in time it could be dealt with by the Association. Moved in amendment by Councillor Trites Seconded by Councillor Vincent RESOLVED that the above motion be amended by deleting the reference to the Cities of New Brunswick Association meeting this weekend. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 7. ActinQ City ManaQer Read a letter from the City Manager recommending the appointment of an Acting City Manager from January 31 to February 5 during which time both he and the Commissioner of Finance will be attending the Cities of New Brunswick Association on January 31 and also be out of the office on February 3, 4 and 5. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Mr. Charles Robichaud be appointed as Acting City Manager from Friday, January 31, 1997 to Wednesday, February 5, 1997. Question being taken, the motion was carried. 8. Amendment To CCO January 20, 1997 Closure Of Portion Of Highway 820 By Adopting Resolution Re Closure Of Portions Of HiQhways 820 & 111 Consideration was given to a report from the City Manager recommending an amendment to Common Council resolution of January 20, 1997, regarding the proposed closing of a portion of Highway 820, as a portion of Highway 111 also requires closure. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend its resolution of January 20, 1997, pertaining to the closure of a portion of Highway 820 at Ben Lomond Corner, to read as follows:- RESOLVED that the report from the City Manager advising that, with the realignment by the Province of the intersection of Highways 820 and 111, a portion of Highways 820 and 111 were no longer required for public street purposes and, in fact, their closure would enhance the land buffer between the travelled portion of the street and Loch Lomond Lake, as indicated on the submitted plan, and that the realignment also resulted in the need to vest a new portion of land as a public street; requesting Council's permission to close the abandoned portions of street and initiate a subdivision plan which would facilitate the vesting of the new portion of street; and recommending that Common Council: (1) authorize the advertising for the purpose of closing that portion of Highway 820 as generally shown as Parcel 'A' on the submitted photo- reduced survey plan; (2) authorize the advertising for the purpose of closing that portion of Highway 111 as generally shown as Parcel 'B' on the submitted photo- reduced survey plan; (3) in the event that the street closings are completed, a plan of subdivision be authorized for the purpose of vesting land as a public street and the creation of lots comprising Parcels 'A' and 'B' with other City-owned lands; and (4) the Mayor and Common Clerk be 86-236 COMMON COUNCIL JANUARY 27,1997 authorized to execute all required documentation -- be received and filed and the recommendation adopted, with a further report to be prepared to facilitate the vesting of a public street upon completion of the subdivision plan. Question being taken, the motion was carried. 9. Zoning By-Law Amendment To Re-Zone 159 KinQ Street East On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number C.P. 100-427 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 159 King Street East (NBGIC Number 16444), from "RM-1F" Multiple Residentiallnfill 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 institutional use of the property to a group care facility licensed by the Province as a special care home for no more than seven adults. The by-law entitled, "By-law Number C.P. 100-427 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 the Deputy Mayor and Councillor Brown voting "nay". 10. Water And Sewerage By-Law Amendment Re Rates & Discounts On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and discounts, 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 Water And Sewerage", was read in its entirety. Question being taken, the motion was carried. 11. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on January 20, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Chief of Police, (1) the sergeant position NCO in charge of the Identification Section be reclassified from sergeant to constable, effective immediately; and (2) a vacant corporal position in the Major Crime Unit be 86-237 COMMON COUNCIL JANUARY 27,1997 reclassified from corporal to constable, effective immediately. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. January 27, 1997, Saint John, N.B. 11.1. Police Chief's Recommendations Re Re-Classification Of Positions On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 12. Environment Committee 1996 Annual Report On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the Environment Committee's 1996 Annual Report be received and filed with appreciation. Question being taken, the motion was carried. 13. Jane A. Allan Re RaQQed Point Water On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Ms. Jane A. Allan regarding the discussion at Council's December 23, 1996 meeting about City water being extended to Ragged Point Road; and expressing the opinion that the residents were not properly represented in that she is not interested in having City water at this time and a few of the other residents with whom she spoke were not interested either; and suggesting that a poll should be taken to determine if there is any interest -- be referred to the City Manager. Question being taken, the motion was carried. 14. ACAP Saint John Paint Swap '97 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Atlantic Coastal Action Program (ACAP) Saint John requesting a letter of support for its application for waste management funding for Paint Swap '97, with the amount requested from the City of Saint John's allotment under the Fund being $5,000 -- be received and filed and Council offer its support as requested. Question being taken, the motion was carried. 15. Hughes Surveys & Consultants Ltd. Re-ZoninQ Of 1849 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of 1849 Manawagonish Road be referred 86-238 COMMON COUNCIL JANUARY 27,1997 to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 3, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Arthurs withdrew from the meeting due to a possible conflict of interest.) 16. Four Star Leasing - Re-Zoning Of 1400 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Four Star Leasing for the re-zoning of 1400 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 3, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 17. David & Jennie Craig "Sticker Parking" 270-280 Prince William Street Area On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that the letter from David and Jennie Craig requesting Council to consider including the area of 270-280 Prince William Street in the system of "sticker parking" to be made available to residents who can provide proof of residency in this area -- be referred to the Parking Commission. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb 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