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1997-03-17_Minutes 86-291 COMMON COUNCIL MARCH 17, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of March, A.D. 1997, 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; 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; P. Woods, Deputy Commissioner of Finance; J. Baird, Manager of Community Planning; B. Cormier, Social and Cultural Affairs Officer; D. Sherwood, Chief of Police; 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 Walter Perry, Pastor of the First Wesleyan Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on March 10, 1997, be approved. Question being taken, the motion was carried. Mayor McAlary extended congratulations to Miss Shyanne E. Culley on achieving her Gold Level in The Duke of Edinburgh Award Program and, having advised that Miss Culley would be receiving her Gold Certificate directly from His Royal Highness Prince Philip in Halifax, Nova Scotia, on March 21 as well as her accomplishments in achieving the Gold Level, presented Miss Culley with her Gold Brooch. 3(a) Zoning By-Law Amendment To Re-Zone 742 Sand Cove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 742 Sand Cove Road (NBGIC Number 55117063), containing an area of approximately 2,488 square metres (26,781 square feet), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, to permit the construction of a two-family dwelling, as requested by Susan and Raymond Williams, 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 Planning staff's report and one letter objecting to the above application which were considered at the Committee's March 11 meeting at which the applicants indicated they were in agreement with staff's recommendation and two people spoke with concerns and objection to the application; advising that the Committee amended staff's recommendation to include Section 39 conditions; and recommending that Common Council re-zone a parcel of land located at 742 Sand Cove Road (NBGIC Number 55117063), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act, requiring that: (i) the development occur in general accordance 86-292 COMMON COUNCIL MARCH 17, 1997 with the submitted proposal; and (ii) the site be developed in accordance with a detailed site plan to be approved by the Development Officer, which will provide for a driveway and turning area so that all vehicles can exit the property driving forward. Mr. Robert McPherson of 381 Driscoll Drive spoke against the proposed re- zoning on the basis that he would prefer to see the area remain for one-family residences and his concern about the property being re-zoned in that the land sale has not yet gone through and could be cancelled or the applicants may face some type of change and not be able to proceed with their plans for the subject property. Mr. McPherson advised that the proposal for a "granny suite" would be acceptable if a requirement were included that the zoning would revert to single-family when the family's relative were no longer a resident; and asked Council, should it decide to re-zone the property, to include the Section 39 conditions recommended by the Planning Advisory Committee in that other "R- 2" uses would not be suitable for the area in question in view of such things as the existing traffic problem. Mr. Rob Saunders of 754 Sand Cove Road, appearing in opposition to the proposed re-zoning, advised that, although he would like to see the area remain as an "R- 1" zone, the type of residence proposed would fit into the area. Susan and Raymond Williams of 1 055 Sand Cove Road were present in support of their application, and Mrs. Williams advised the intent to build a family home, not a business home and that, with regard to the use of the term "granny suite", her mother would live in the home with them and their four children. Mrs. Williams noted other two-family dwellings and multi-family dwellings in the area in question; confirmed their intent to buy the subject property, having made a deposit on it and having applied for the re-zoning in question; and expressed agreement with the Planning Advisory Committee's recommendation. During discussion Councillor Trites made the observation that, as the term "granny suite" or "garden suite" would be used to describe a separate-standing dwelling put on a site and removed once the use for which it was placed there was no longer necessary, the term does not apply in this case, thus Council was being requested to approve a two-family home; and Councillor Gould expressed concern that, if Council approved the re-zoning, it could open up the option for more two-family residences in the single-family zone in question. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-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 742 Sand Cove Road (NBGIC Number 55117063), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, pursuant to Section 39 of the Community Planing Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-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 742 Sand Cove Road (NBGIC Number 55117063), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, pursuant to Section 39 of the Community Planing Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". 86-293 COMMON COUNCIL MARCH 17, 1997 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 5. Mayor's Remarks Mayor McAlary proclaimed March 21, 1997 as International Day for the Elimination of Racial Discrimination in the City of Saint John; noted March 17 as St. Patrick's Day, as well as the first day of National French Week being celebrated at Centre scolaire-communautaire Samuel-de-Champlain, and the Teddy Bear Fair to be held on March 22 at the Saint John Regional Hospital; and extended congratulations to the James Grattan Rink from Thistle-St. Andrews Curling Club on its efforts at the Labatt Briar National Men's Curling Championship in Calgary, Alberta. The Mayor, referring to a pamphlet display, commented on the City of Saint John's Visiting Friends and Relatives Program which would be carried out for the second year in 1997; and commended the students at the Harbour View High School, formerly the Saint John Vocational School, for their undertaking of a project which would improve the Fallsview Park area. 4. Bay Area Recreational Trails ProQress Of Sentier N.B. Trail Consideration was given to a letter from Mr. RJ. Gillis on behalf of Bay Area Recreational Trails (BART) referring to a presentation to Council on June 26, 1995 (which was followed up with a report on September 18, 1995) with respect to BART's local sponsorship in relation to the Sentier N.B. Trail, being responsible for the location of and direction of some of the construction of the Trail from Gagetown to Saint John and from New River to St. Martins; and asking for the opportunity to present an overview to advise of the present progress of the Trail in this region and what is contemplated by the year 1998. Messrs. John Ferguson of the Department of Municipalities, Culture and Housing, and A. Kane of Bay Area Recreational Trails (BART), were present and, through a slide presentation, provided an update on the Provincial Trail System of the Province of New Brunswick, particularly on that portion from Lepreau to St. Martins and from Saint John to Gagetown being sponsored by BART. Messrs. Ferguson and Kane referenced a map indicating the route to be followed in developing the Trail; and noted the project objectives of (1) providing quality outdoor recreational opportunities, (2) facilitating a greater awareness of the natural environment, (3) promoting eco-tourism, and (4) preserving the existing linear park corridors which consist of, to a large extent, railways. Copies of information in this regard were distributed to Council members at this meeting, and the request was made for a committee to be struck including Planning, Recreation and Parks, and Tourism, and for the opportunity to meet with the City to determine where the City would like the Trail to go in that the route indicated was just a proposed route. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the presentation on behalf of Bay Area Recreational Trails (BART) be referred to the City Manager for appointment. Question being taken, the motion was carried. 6. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Oram were present at the meeting to update Council on the activities during the past week of the Saint John Police Force 86-294 COMMON COUNCIL MARCH 17, 1997 Implementation Team as outlined in the previously-submitted report. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week be received and filed. Question being taken, the motion was carried. 7. Public Hearings Re Natural Gas Pipeline Application Consideration was given to a letter from Mayor McAlary advising that she has been approached by the Province of New Brunswick and several City corporations to make a public presentation at the public hearings on the application by Mobil Oil to develop six off-shore natural gas fields and to have a pipeline built to transport natural gas throughout Nova Scotia and New Brunswick, serving markets in the Maritimes and New England; noting the importance of this pipeline being constructed through Saint John; and recommending that Council prepare a document signifying its support for a natural gas pipeline and the positive effect it would have on the City and the Mayor make a presentation at the informal and the formal public hearings in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that Council endorse the Mayor's initiative as set out in the above letter. Question being taken, the motion was carried. 8. Responsibility For Illegal Activity In Rented Premises Consideration was given to a letter from Councillor Waldschutz seeking Council's support in asking the Province to consider drafting legislation which would make landlords in New Brunswick culpable if it were demonstrated that they are aware of, but did not prevent, tenants from engaging in illegal activity on their property, and suggesting that it would be helpful if the cooperation of landlords was secured. Councillor Waldschutz proposed a motion, which was seconded by Councillor Ball, that Council write to the Solicitor General asking that the Province consider drafting legislation which would make landlords culpable in situations where it was demonstrated that they were aware of, but did not prevent, criminal activity on their premises by their tenants, such motion changed to indicate Attorney General, and subsequently changed during discussion to refer the matter to the Attorney General of Canada. On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the above matter be referred to the Attorney General of Canada. The Mayor suggested that it might be in order for the City Solicitor to review the above matter and advise Council in this regard. A motion was proposed by Councillor Trites and seconded by Councillor Fitzpatrick that the above matter be referred to the City Solicitor. During discussion Mr. Nugent commented on the basis that, if Council considered there were merit to the idea, Council could refer it to the Provincial Attorney General and the Federal counterpart, and the referral motion was withdrawn with the consent of the mover and seconder. 86-295 COMMON COUNCIL MARCH 17, 1997 Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Brown, Fitzpatrick, Knibb and Trites voting "nay". 9. ImmiQrant Settlement ProQrams Consideration was given to a letter from Councillor Ball advising that national funding from Citizenship and Immigration Canada for immigrant settlement would remain stable for 1997 and of the importance for Council to maintain continued pressure on Citizenship and Immigration Canada in support of immigrant initiatives for Saint John and to actively encourage the growth of the immigrant sector and its long-term economic and social benefits. Councillor Waldschutz, on a point of order, asked for clarification on the vote on item 8, to which the Mayor replied that the vote was a 5-5 tie which defeated the motion. On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that Common Council send a letter to Mr. John Barrett, Settlement and Case Presenting Officer, Citizenship and Immigration Canada in Fredericton, copied to Mr. Roly Macintyre, Minister of Advanced Education and Labour (responsible for New Brunswick Immigration), requesting a strong continued presence of government sponsored refugees and immigrant and refugees settlement programs (lSAP, HOST, etc.) in the City of Saint John. Question being taken, the motion was carried. 10. Sponsorship Request - La Journee Internationale De La Francophonie Consideration was given to a report from the City Manager commenting further to Council's consideration on March 3 of the request of Centre scolaire- communautaire Samuel-de-Champlain for a contribution of $2,000 to co-host a reception as part of celebrations marking La Journee lnternationale de la Francophonie (International Francophone Day) on March 20; advising that, in view of the City of Saint John's significant financial contribution in 1995-1996 of $34,000 in addition to services in kind to the hosting of Les Jeux de l'Acadie and together with the budget restraints facing the City in 1997 and beyond, it is staff's position that the request for $2,000 for co-hosting the reception for 250 people on March 20 is difficult to support; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council advise the Centre scolaire-communautaire Samuel-de- Champlain that the City of Saint John is unable to co-host a reception for La Journee lnternationale de la Francophonie on March 20, 1997. Question being taken, the motion was carried. 11. Planning Advisory Committee Land For Public Purposes 2219 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed land for public purposes dedication as shown on the submitted photo-reduced revised tentative plan with respect to 2219 Loch Lomond Road. Question being taken, the motion was carried. 86-296 COMMON COUNCIL MARCH 17, 1997 12. Mike FeQQos - PiQeons On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Mike Feggos suggesting that, as a new roof was added to his property at 175 King Street East and the front stairs leading into his home are a mess due to pigeons' droppings as pigeons are being fed by tenants living in other properties along the street and roosting on his roof, perhaps pigeons could be fed somewhere else as the cost of owning and maintaining a property is very expensive -- be received and filed. Question being taken, the motion was carried. 13. Citizens' May 18th Observance Day Committee Re Formation Of Committee On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the letter from the Citizens' May 18th Observance Day Committee advising of the formation of a committee for the fitting observance of May 18, being the Provincial Loyalist Day and also the City's birthday; and asking the City to nominate a representative to sit on this committee to assist in coordinating and developing a fitting observance -- be referred to the United Empire Loyalists Association committee. The Mayor clarified the past involvement in the above regard of at least two committees, one through the United Empire Loyalists Association chaired by Mr. Wallace MacMurray, and one through the Multicultural Association, and Councillor Trites suggested that this matter should be referred to the official committee chaired by Mr. Wallace MacMurray in anticipation of the committees getting together. Question being taken, the motion was carried. 14. Lawson & Creamer - Appointment Process To Saint John Airport Inc. Read a letter from Mr. Robert M. Creamer of the law firm of Lawson & Creamer advising, further to Mr. Lino Celeste's presentation to Council on December 2, 1996, of the incorporation of Saint John Airport Inc.; submitting the following documents: (1) Letters Patent incorporating "Saint John Airport Inc."; (2) General Operating By-Law; (3) a copy of a resolution adopted at the meeting of Common Council of the City of Saint John on August 14, 1995; (4) a copy of a resolution adopted at a meeting of the Common Council of the City of Saint John on December 2, 1996; and (5) a copy of a proposed resolution of the Common Council of the City of Saint John respecting the endorsement of the process of nominating, appointing and revoking of appointments of members of the Board of Directors of Saint John Airport Inc.; and asking that Council adopt the resolution submitted in (5) and, once adopted, a certified copy of it be forwarded to him. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Solicitor and the City Manager for a report at the next meeting. The motion initially proposed was that Council authorize the Mayor and Common Clerk to execute the document concerned upon approval by the City Solicitor and the City Manager, and during discussion Deputy Mayor Chase expressed concern about the preclusion of elected officials on the Board and Councillor Fitzpatrick suggested that the City Solicitor could brief Council on the above documentation following which Councillor Knibb changed the initial motion, with the consent of the seconder, to that 86-297 COMMON COUNCIL MARCH 17, 1997 above. Question being taken, the motion was carried. 15. Mike White I Lees Doley - Operation Of Rockwood Park Children's Farm & Barn Read a letter from Mr. Mike White & Ms. Lees Doley reporting on the activities of the Children's Farm and Horse Barn which has been operated in Rockwood Park by them under an agreement between Mike White and the City of Saint John effective July 1994; advising of their surprise to learn that they have been given an extension only until September 1997 at which time there would be a call for public proposals for the operation in that they have continuously inquired of the City if there were any problems in the operations and have been assured that there were no problems or complaints, although they have since learned that City Councillors were basically unaware of what was taking place in the Farm and its operation as their submissions, recommendations and requests do not necessarily come before Council but are dealt with by staff; and, in apologizing for not having presented an annual report previously for Council's information although such has never been requested, explaining that this report has been submitted for Council's information in view of the growing popularity of the petting farm and horse rides and their potential. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Mike White & Ms. Lees Doley reporting on the activities of the Children's Farm and Horse Barn which has been operated in Rockwood Park by them under an agreement between Mike White and the City of Saint John effective July 1994 -- be referred to the City Manager. Question being taken, the motion was carried. 16. River Road Action Team Re Fundy Region Solid Waste Commission's 1997 BudQets Consideration was given to a letter from the Chairperson of the River Road Action Team referring to Common Council resolution of March 3, 1997 in response to the Team's letter regarding the Fundy Region Solid Waste Commission's 1997 budgets; advising if, having on March 10 spoken to Mayor McAlary about the Team's request for answers from the City of Saint John and not from the Commission and having been informed that the subject would be brought up in Committee of the Whole on that date, there has been a decision from that meeting; and asking Councillors to involve themselves in the answers to the questions and rescind the February 17 vote. On motion of Councillor Arthurs Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Chairperson of the River Road Action Team further to Common Council resolution of March 3, 1997 in response to the Team's letter regarding the Fundy Region Solid Waste Commission's 1997 budgets -- be referred to the City Manager. Mayor McAlary asked if Council, having on March 3 referred the River Road Action Team's letter to the Fundy Region Solid Waste Commission which has the responsibility for the landfill issue, now wanted staff to respond to the questions in the letter in question, noting the Commission's responsibility for issues such as the concern about a single versus double liner as expressed by Councillor Arthurs; and suggested that, even though Messrs. MacKinnon and Robichaud were on the Commission's Technical Review Committee, Council should not get between them and the Commission; and Councillor Waldschutz suggested that the above letter should be received and filed in that, rather than being a plea for representation, its thrust was for Council to rescind its February 17 vote. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Brown, Knibb, Trites and Waldschutz voting "nay". 86-298 COMMON COUNCIL MARCH 17, 1997 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Chairperson of the River Road Action Team further to Common Council resolution of March 3, 1997 in response to the Team's letter regarding the Fundy Region Solid Waste Commission's 1997 budgets -- be received and filed. Question being taken, the motion was carried with Councillors Arthurs, Fitzpatrick and Gould voting "nay". 17. River Road Concerned Citizens Committee Re Crane Mountain Landfill Site Read a letter from the River Road Concerned Citizens Committee commenting on an issue which appeared to have been ignored during the landfill selection process, such issue relevant to the possible destruction of a moose habitat, and on other issues with regard to the Fundy Region Solid Waste Commission and the Crane Mountain site; and requesting Council to, until the Department of Natural Resources and other appropriate bodies have provided written input on this matter and a report to Council has been received, direct staff to withhold the granting of a permit to the Commission to clear trees from the swampy area where it intends to construct its landfill as such permission would lead to devastation and destruction of the moose habitat. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the River Road Concerned Citizens Committee regarding the Crane Mountain landfill site -- be received and filed. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk