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1997-03-10_Minutes 86-284 COMMON COUNCIL MARCH 10, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of March, 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; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Sherwood, Chief of Police; R. Simonds, Deputy Fire Chief; Police Cst. D. Parks; Police Cst. D. Oram; 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 Jenkins of the First United Pentecostal 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 March 3, 1997, be approved. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 6(a) Municipal Plan Amendment And Re-ZoninQ 985-1001 MillidQe Avenue Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with respect to the submitted application of Rocca Property Management Inc., concerning property at 985-1001 Millidge Avenue, and the date for objections expired on March 5, with a written objection having been received from James H. & Lauren D. McLaughlin-butler. 6(b) Rocca Property Management Inc. Revised Site & Elevation Plans & Removal Of Unsuitable Soil Consideration was also given to a letter from Rocca Property Management Inc. submitting revised site and elevation plans for the proposed development at 985-1001 Millidge Avenue; and advising the intent to inform area residents of its plans to remove unsuitable soil from the property right away and, if the application is rejected, to backfill the excavated area to its present elevation so it can accept a building that conforms to the existing zoning, as well as to distribute colour brochures of the project to other nearby homes to ensure the wider community is familiar with the nature and quality of homes it is proposing to build. 86-285 COMMON COUNCIL MARCH 10, 1997 6{a) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Rocca Property Management Inc. for a Municipal Plan amendment and re-zoning of property at 985-1001 Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 14, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 6{b) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Rocca Property Management Inc. be referred to the City Manager. Question being taken, the motion was carried. (Councillor Brown withdrew from the meeting as he was not present for the March 3 public hearing for the proposed re-zoning of 1849 Manawagonish Road.) 7. Zoning By-Law Amendment 1849 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-429 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 9.46 hectares (23 acres) of land situated at 1849 Manawagonish Road (NBGIC Number 55005151), from "R-2" One- and Two-Family Residential to "R-1A" One-Family Residential classification with respect to the proposed Lots 1 to 11, and "TH" Townhouse classification for the remainder of the property, 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 that would require the development to be a mix of one-, two-family and townhouse units in accordance with a detailed development plan approved by Common Council as a statutory amendment. The by-law entitled, "By-Law Number C.P. 100-429 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. (Councillors Brown and Trites re-entered the meeting.) 5. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Parks were present at the meeting to present the Saint John Police Force Implementation Team's report of its activities during the past week; and, with regard to the Community Policing Information Session scheduled for March 19, Cst. Parks advised the manner in which the Union would be attempting to encourage as many of its members to attend as possible; and Chief Sherwood advised that he was aware of the meeting scheduled for March 13 on the feasibility of interfacing CHIEFS with PORS, as referenced in the letter from the Solicitor General under item 13 on the agenda of this meeting. 86-286 COMMON COUNCIL MARCH 10, 1997 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the Saint John Police Force Implementation Team's report updating Council of its activities of the past week be received and filed. Councillor Knibb, having initially included in the above motion that a copy of the update report be forwarded to the Solicitor General, agreed to a motion to receive and file at the Mayor's request that this be addressed when dealing with item 13 on the agenda, whereupon Deputy Mayor Chase indicated his intent to second the motion. Question being taken, the motion was carried. (Councillors Arthurs and Brown withdrew from the meeting as they were not present for the March 3 public hearing for the proposed re-zoning of 1400 Manawagonish Road.) 8. Zoning By-Law Amendment 1400 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-430 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 10,164 square metres (2.5 acres) of land situated at 1400 Manawagonish Road (NBGIC Number 402537), known as the former White House Lodge property, from "B-2" General Business to "TH" Townhouse classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-430 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. (Councillors Arthurs and Brown re-entered the meeting.) 9. Planning Advisory Committee Subdivision 1400 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans, in one or more phases, for the proposed development of twenty-four one-storey townhouse units on a private street, and also to any required municipal services and public utility easements, with regard to a proposed subdivision at 1400 Manawagonish Road; (2) Common Council authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; and (3) a cash-in-lieu land for public purposes dedication be accepted for the proposed subdivision. Question being taken, the motion was carried. 10. Recreation And Parks Advisory Board New Hours Of Work For Maintenance Staff On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the 86-287 COMMON COUNCIL MARCH 10, 1997 Recreation and Parks Advisory Board advising that it views the new hours of work for the maintenance staff of the Recreation and Parks Division of Community Services as a positive step not only towards providing a better service in times of financial difficulties but also in achieving greater efficiencies and effectively saving the taxpayer money by reducing overtime costs; and encouraging staff to continue to work in this direction -- be received and filed. Question being taken, the motion was carried. 11. Urban Tree Committee Re Membership And Bv-Law For Protection Of Trees On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Urban Tree Committee advising that the terms of its four remaining members expired as of December 31, 1996 and, although in cooperation with the Parks Division it completed a by-law for the protection of trees as requested by Council which was supposed to have been forwarded through the channels, this has been stalled, never making it to the Legal Department nor to Common Council; and asking to be advised by March 25 of Council's pleasure as the Committee may no longer be desired -- be referred to the City Manager. Question being taken, the motion was carried. 12. Saint John Harbour Bridge Authority BudQet Fiscal Year EndinQ March 31. 1997 Consideration was given to a letter from the Saint John Harbour Bridge Authority submitting, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966, the proposed budget of estimated expenditures for the year ending March 31, 1997, as well as a summary comparing actual expenses for the ten months ending January 31, 1996, and of revenues to date and an estimate of the surplus for fiscal year 96-97; advising that it has taken over a year for the Federal Government to approve the budget, thus the delay in submitting it to Council; and asking that, as the budget has been duly executed by the Government of Canada and the Province of New Brunswick, the City of Saint John sign the budget. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31, 1997 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. 13. Solicitor General - Police Matters Consideration was given to a letter from Solicitor General Jane Barry following up on her public statement of October 29, 1996 and her subsequent letter dated October 31, 1996 to and her meeting with Council, as well as a further letter to Council dated January 3, 1997, the latter clarifying the role her Department could play in assisting in implementing recommendations of the Perivale + Taylor report on the Saint John Police Force; submitting a copy of Bill 95 - An Act To Amend The Police Act, which will be proclaimed at an early date and which would allow Council to proceed in appointing a new board of police commissioners and sets out the selection criteria for police commission board members in relation to community representation and terms of office; and commenting on the manner in which her Department can assist in developing processes which would benefit all municipal police forces in the Province. 86-288 COMMON COUNCIL MARCH 10, 1997 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Solicitor General Jane Barry regarding the role her Department could play in assisting in implementing recommendations of the Perivale + Taylor report on the Saint John Police Force, thereby assisting in developing processes which would benefit all municipal police forces in the Province -- be referred to the City Manager and the Chief of Police, and Council ask the Mayor to respond to the Solicitor General's letter by thanking her for her continued interest, explaining that Council will take no action with regard to a police commission until the Province has declared its action on amalgamation, asking that she not use the term Change Management Team but rather use the term Implementation Team, and advising that Council would cooperate with her Department with respect to the integration of PORS with CHIEFS, and also that Council would keep her aware of progress made in this regard. The initial motion proposed was to refer the above letter to the City Manager and the Chief of Police. Mayor McAlary suggested that, as the Chief of Police reports to Council, Council should advise the Solicitor General that pertinent information would be forwarded to her from Council and not from the Chief of Police. Councillor Knibb, in noting the Solicitor General's reference to a Change Management Team rather than the Implementation Team, made the observation that a change in attitude must be made by all concerned, not just by management; and suggested that, while Council could thank the Solicitor General for her continuing concern, Council should take no action on implementing a police commission until the Province tells the City its plan with respect amalgamation. The Mayor suggested that the motion could be for her to forward a letter to the Solicitor General in this regard, whereupon the mover and seconder of the initial motion changed the motion to that above. During discussion Chief Sherwood advised of Mr. Keith Taylor's use of the term Change Management Team in referring to not management specifically but management of change to get the recommendations in place; and Mr. Nugent commented on the issue of municipalities being obliged to bear the responsibility to provide and maintain adequate police services, although the Police Act does not define what is meant by adequate police services. Councillor Brown suggested that Council should be aware of the Solicitor General's authority in making a request for weekly progress reports rather than just dismissing the request on the basis that Council is in charge, and that Council should consult with the Province to determine who carries what role. Question being taken, the motion was carried with Councillor Brown voting "nay". 14. Eddie MaQee - Lead Pipe Removal On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mr. Eddie Magee regarding the City's efforts over the past years in lead service renewal, as well as the responsibility of and expense to the citizens in paying for the removal of lead piping from the property line to their homes; and suggesting that the time is here for the Department of the Environment to look at giving money to private homeowners to assist in this regard -- be received and filed and a letter be forwarded to the Minister of the Environment asking that consideration be given to grants under the Environmental Trust Fund to assist citizens in this regard. The initial motion proposed by Councillor Knibb and not seconded was to refer the above letter to the City Manager for a response, whereupon Councillor Trites suggested that the letter should be referred to the Environmental Trust Fund. (Councillor Trites withdrew from the meeting.) 86-289 COMMON COUNCIL MARCH 10, 1997 Question being taken, the motion was carried. 15. Arthur Melanson (a) Feeding Pigeons; (b) Hydro Meter Box Installation; & (c) Germain Street Traffic Pattern 15{a) On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. A. J. Melanson suggesting that a designation in King's Square be selected where pigeons can be fed by the public and the feeding of pigeons outside that restricted area be subject to a reasonable fine -- be referred to the City Manager. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 15{b) On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the letter from Mr. Arthur Melanson requesting that Council pass regulations to prevent the direct installation of hydro meter boxes on the front of buildings so as to maintain the heritage and provide a more enhanced view of existing buildings to tourists -- be referred to the Preservation Review Board for a report to Council. Question being taken, the motion was carried. 15{c) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Art Melanson asking for a change in regulations to allow a person driving a car down Germain Street from Union Street to turn left up King Street -- be received and filed and Mr. Melanson be informed that Council does not consider a left turn appropriate for King Street. Councillor Vincent initially proposed that the above letter be referred to the Traffic Engineer, whereupon Councillor Trites suggested that the letter should be received and filed as a left turn as requested would not work and, following Mr. Robichaud's comments on the impact such a change would make on traffic in the area, the above motion was proposed. Question being taken, the motion was carried. 16. Andrew Keleher - Attendance At Intercession Courses In Mexico On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Mr. Andrew Keleher advising of his current enrollment in his third year of a Bachelor of Arts Degree at St. Thomas University and an opportunity to take two intercession courses this spring in Merida, Mexico; and asking if there is a way that he could attain some funding from Council to assist in this regard -- be received and filed and Mr. Keleher be advised that it is not Council's policy to fund education but it is the responsibility of Province, and that Council wish him well. 86-290 COMMON COUNCIL MARCH 10, 1997 Question being taken, the motion was carried. 17. Saint John Port Corporation - Sponsorship National Transportation Week I Port Davs On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Port Corporation asking the City's participation, through sponsorship, in National Transportation Week / Port Days -- be received and filed and Council support these events by attending. The Mayor suggested that Council could support the Corporation by purchasing tickets to the events. Question being taken, the motion was carried. A message of sympathy was extended to the family of the late Mr. Joseph Koven who passed away on March 5, and to the family of the late Mr. Bernard Bloom, who passed away on March 7. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk