1997-06-23_Minutes
86-460
COMMON COUNCIL
JUNE 23, 1997
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of June, A.D. 1997, at 7:00 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; J. Baird, Manager of
Community Planning; W. Edwards, Building Inspector; G. Tait,
Fire Chief; D. Sherwood, Chief of Police; D. Parks, Police
Constable; D. Oram, Police Constable; M. Jamer, Director of
Water and Sewerage Services; M. Gillan, Administrative Officer,
Fire Department; M. Chisholm, Manager of Process
Improvement; Ms. C. Graham, Financial Analyst; Ms. S.
Fitzpatrick, Recreation Supervisor; Ms. P. O'Donnell, Billings
Supervisor; 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 Jim Webber,
Senior Pastor of Forest Hills United Baptist Church, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that minutes of the meetings
of Common Council held on June 9, 1997 and June 12, 1997, be approved.
Question being taken, the motion was carried.
* Added Items
The Mayor called for a motion to add to the agenda of this meeting: as
11A, a letter from Saint John Police Constables G. Hayward and J. Oliver (copies of
which were distributed to Council members on this date) regarding the World
Police/Fire Games; as 27B, item 57 from the Committee of the Whole agenda with
regard to an agreement for loading and hauling solid waste from Five Fathom Hole; as
47A a Legal Session resolution of this date under item 60 on the Legal Session agenda
with regard to 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.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the above-mentioned
items be added to the agenda of this meeting.
Question being taken, the motion was carried.
Presentation
Mayor McAlary, on the recommendation of the Saint John Environment
Committee, presented the Saint John Environment Award to Mr. Garry Prosser in
recognition of his contribution to the City of Saint John toward solving many local
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JUNE 23, 1997
environmental issues.
3(a) Section 39 Amendment To Conditions
Of Re-ZoninQ Of 9 Simpson Drive
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the September 8, 1992 re-zoning of a property located at 9 Simpson Drive (NBGIC
Number 299297), by removing the condition which currently restricts the use of the
property to a construction materials and equipment storage yard, together with
accessory office and indoor storage uses, as requested by Daryl McLennan, and 3{c) a
letter opposing the amendment was received from Marlene and G.S. Charlton, as well
as 3{d) a letter from D. Hayward Aiton of the law firm of Stewart McKelvey Stirling
Scales, representing Daryl McLennan, requesting that this matter be adjourned and the
public hearing be cancelled.
3{b)
Consideration was also given to a report from the Planing Advisory
Committee submitting a copy of Planning staff's report to the Committee's June 17
meeting; and advising that, as the Committee was also in receipt of a copy of a letter to
the Common Clerk from the applicant's solicitor requesting that the application be
withdrawn at this time, the Committee did not consider the matter and no
recommendation has been made.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that Common Council
accept the offer of D. Hayward Aiton of the law firm of Stewart McKelvey Stirling
Scales, representing Daryl McLennan, to withdraw the application for an amendment to
the Section 39 conditions of re-zoning of 9 Simpson Drive.
Question being taken, the motion was carried.
4(a) Proposed Zoning By-Law Amendment
To Re-Zone 570 Rothesay Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of all (or that portion not already
zoned "B-2" General Business) of a parcel of land located adjacent to 570 Rothesay
Avenue at the intersection of Rothesay Avenue and McAllister Drive (NBGIC Number
55102743), having an area of approximately 775 square metres, from "P" Park to "B-2"
General Business classification, to place the site in the same zoning category as the
adjacent service station located at 570 Rothesay Avenue and permit the continuing use
of the site for parking accessory to the service station, as requested by Imperial Oil (G.
Carl Brown), and no written objections were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
June 17 meeting at which Mr. Carl Brown, Property Manager for Imperial Oil, expressed
agreement with the staff recommendation; and recommending that Common Council
re-zone all (or that portion not already zoned "B-2" General Business) of a parcel of
land located adjacent to 570 Rothesay Avenue at the intersection of Rothesay Avenue
and McAllister Drive (NBGIC Number 55102743), having an area of approximately 775
square metres, from "P" Park to "B-2" General Business classification.
Mr. G. Carl Brown of Imperial Oil appeared in support of the above
application, and noted that the amendment would merely make all of the site a "B-2"
designation.
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On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning all (or that
portion not already zoned "B-2" General Business) of a parcel of land located adjacent
to 570 Rothesay Avenue at the intersection of Rothesay Avenue and McAllister Drive
(NBGIC Number 55102743), having an area of approximately 775 square metres, from
"P" Park to "B-2" General Business classification, be read a first time.
Question being taken, the motion was carried.
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 Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning all (or that
portion not already zoned "B-2" General Business) of a parcel of land located adjacent
to 570 Rothesay Avenue at the intersection of Rothesay Avenue and McAllister Drive
(NBGIC Number 55102743), having an area of approximately 775 square metres, from
"P" Park to "B-2" General Business classification, be read a second time.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
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 Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed re-zoning be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-Law (i) Text Amendment Re Special
Zones; & (ii) Re-Zone 1673 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to a Zoning By-Law (i) text amendment to add "special zones" to
the list of zones in Section 30(1) and to add Section 740 immediately following Section
730 dealing with uses and zone standards for Special Zone #1 (SZ #1); and (ii) to re-
zone the property located at 1673 Loch Lomond Road (NBGIC Number 331058), from
"B-1" Local Business to "SZ #1" Special Zone #1 classification, to permit the use of the
property for an office and parking area for a taxi business, in addition to a grocery store
and take-out restaurant, as requested by 058422 N.B. Inc., and 5{c) a residents'
petition and a letter from Ralph Landers in opposition were received in this regard, as
well as 5{d) a letter from Tom Daly advising that the Century Taxi property owner #
Company 058422 N.B. Inc. located at 1673 Loch Lomond Road was requesting the
withdrawal of its re-zoning application.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and four letters in opposition to
the above application which were considered at the Committee's June 17 meeting at
which Mr. Robert Gale spoke in favour of the proposal on behalf of the applicant, and
Messrs. Ralph Landers and Terry Cropley addressed the Committee in opposition to
the application; and recommending that the application be denied.
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COMMON COUNCIL
JUNE 23, 1997
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that Common Council accept
the request of the applicant to withdraw the application for a Zoning By-Law text
amendment for a special zone "SZ #1" and the re-zoning of property at 1673 Loch
Lomond Road.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
6. Street Closing By-Law Amendment
Portion Of Munroe's Alley
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Street Closing By-Law amendment to close a
portion of Munroe's Alley, and no written objections were received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
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 a portion of Munroe's Alley, be read a first time.
Question being taken, the motion was carried.
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 Knibb
Seconded by Councillor Vincent
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 a portion of Munroe's Alley, be read a second
time.
Question being taken, the motion was carried.
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".
11. Mayor's Remarks
Mayor McAlary proclaimed June 23 to 29 to be Amateur Radio Week in
the City of Saint John in recognition of the more than 250 licensed amateur radio
operators in the City who have demonstrated their value in public assistance by
providing emergency radio and communications; and noted that June 23 marked the
anniversary of les Jeux de l'Acadie which were held in Saint John in 1996, and the
torch ceremony to Edmundston on this date.
Mayor McAlary paid tribute the late Dr. Stephen M. Weyman, Mayor of
the City of Saint John from 1964-1966, who passed away on June 10, and to the late
Mr. Arthur McDermott, who served as City Manager to the City of Saint John from 1979
to 1985, who passed away on June 11, and extended condolences to their families.
Mayor McAlary congratulated City employee Earl Rice who will represent
Canada as a working umpire at the Pan Am Qualifiers World's Women Fast Pitch with
the International Softball Federation in Columbia.
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JUNE 23, 1997
*11A. G. Hayward / J. Oliver
World Police/Fire Games
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Saint
John Police Constables G. Hayward and J. Oliver requesting financial assistance to
participate in the World Police/Fire Games to be held in Calgary between June 27 and
July 5 -- be referred to the Chief of Police.
Question being taken, the motion was carried.
12. Saint John Police Force
Implementation Team Update
Chief Sherwood and Cst. Parks were present at the meeting with respect
to the Saint John Police Force Implementation Team's report updating Council on the
Team's activities for the past two weeks.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the report from the Saint
John Police Force Implementation Team updating Council on the Team's activities for
the past two weeks -- be received and filed.
Question being taken, the motion was carried.
13. Re Make-Up And Establishment
Of Board Of Police Commissioners
Consideration was given to a letter from Deputy Mayor Chase asking
when Council would be prepared to set a debate, or a time for discussion on the final
make-up and establishment of a board of police commissioners, and if Council would
be prepared to bring to the table concerns about the structure and comments on the
process, and the question of a final resolution of the outstanding issue of establishing a
police commission; and recommending that the Mayor and Council establish at this
meeting a date for the final appointment of a new police commission.
On motion of Deputy Mayor Chase
Seconded by Councillor Waldschutz
RESOLVED that the Mayor and
Council establish a date of January 1, 1998 for the implementation of a new police
commission.
The initial motion proposed was that the Mayor and Council establish at
this meeting a date for the final appointment of a police commission.
Councillor Fitzpatrick asked for clarification on the initial motion in terms
of final appointment in that he would like to debate the pros and cons and know the
cost of a commission to the City and if police would be taken off the street. Deputy
Mayor Chase clarified that his intent at this meeting was not to debate the costs and
implications of a new commission or the fact that Police Act amendments would have a
bearing on this and that Solicitor General Jane Barry and citizens were desirous of
seeing a police commission and that Council members have concerns pro and con the
matter, but to set a goal in terms of a date for having a new commission up and running
if that, in fact, was what Council wished to do and, between now and then, establish the
parameters of membership on the commission, including selection and training, and
advised that he would like to see that Council was desirous of having a commission
and express that by stating a date by which it wants the commission up and running.
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JUNE 23, 1997
The Mayor asked if the Deputy Mayor wanted to select a date, to which
Deputy Mayor Chase replied that, with the consent of the seconder, he would change
the motion to indicate that the Mayor and Council establish the date of January 1, 1998
for the formal appointment of a new board of police commissioners, and concurred with
the Mayor that the intent would be to implement a new police commission. Councillor
Fitzpatrick advised that he would not support a motion to set a date for the final
appointment of a police commission until Council had the information referred to by the
Deputy Mayor, and Councillor Ball concurred in this regard. Councillor Arthurs
suggested that, if Council were to establish a police commission, it should go over all
the questions so that, when January 1, 1998 arrived, Council would be ready to name a
commission, and suggested that a task force or group should be established to get the
answers to these questions. Mayor McAlary advised that she would first like to see the
consultant's work completed and some of the recommendations implemented, and a
working relationship established, prior to Council handing the Force over to a
commission, and also that she would prefer that Council discuss the issue, perhaps
with its consultant, on commission member selection. Councillor Vincent advised that
he would be unable to support the motion because of the specific time deadline in that
it would create an expectancy which might not be met, and that he would not support a
police commission unless he was satisfied that members were properly trained in
advance and would know what was expected of them.
In response to Councillor Trites, Deputy Mayor Chase clarified his motion
to the effect that the Mayor and Council establish a date of January 1, 1998 for the
implementation of a new police commission, and Councillor Trites made the
observation that, as the motion precludes or assumes that Council would appoint a
commission, he did not know if that had been clarified with each member of Council
and there could be some Councillors who have different feelings on the issue; and
advised that he did not necessarily think that a commission could be in place by
January 1, 1998, nor should it be done unless Council was satisfied that a proper
training program was in place for people appointed to it and, while he would not object
to a motion to get Council moving on the issue of a police commission, he could not
support the motion in view of the need to clarify the issue of membership so that the
number of municipal appointees would be sufficient in numbers to maintain the control
within the municipality and the training program should be brought forth. Councillor
Waldschutz suggested that staff could be requested to get the information required by
a certain date so as to enable the establishment and installation of a commission, if that
were what Council elected to do; Councillor Brown concurred with the motion on the
floor; and Councillor Gould commented on the basis of the current relationship between
the Chief of Police and the Union working jointly together in terms of negotiating a
collective agreement and such, and his view that there was much to be done before he
would be ready to turn the Police Force back to a police commission.
Mayor McAlary suggested that, while probably in the future it would be
the desire to have a police commission in place, Council could table the matter for an
opportunity to have the Solicitor General and her staff speak to Council on training for
commission members and changes in the Police Act.
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that the above matter be laid
on the table.
Question being taken, the tabling motion was carried with Deputy Mayor
Chase and Councillors Brown, Fitzpatrick, Knibb and Waldschutz voting "nay".
7. Loyalist Days Inc.
HeritaQe Celebration 1997
Valerie Evans, Chairperson of Loyalist Days Heritage Celebration 1997,
outlined the advance schedule for the Loyalist Days events for this year's celebration
between July 9 to 13, as previously submitted. Ms. Evans introduced Carol Keddy, First
Vice President; Dianne Cale, Candice MacDonald and Mary Peddle, as well as
Councillor Knibb, Secretary, of Loyalist Days, noting the costumes in which Mmes.
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JUNE 23, 1997
Keddy, Kale, MacDonald and Peddle were attired; and, in encouraging citizens to at
least wear a hat during the celebration, distributed Loyalist-type hats to the Mayor,
Councillors and City staff members. Ms. Cale presented Mayor McAlary with a dress of
the Loyalist style, a photograph of a Ray Butler print was circulated and a door
decoration was displayed.
The Mayor thanked the members of the delegation for their presentation.
14. LonQ Wharf Redevelopment
Read a letter from Councillor Arthurs regarding the construction of a bulk
terminal at Long Wharf and the City's determination that there must be more long-term,
open accessibility on the waterfront, and recommending that Common Council charge
Enterprise Saint John with the responsibility of examining the issue of the Long Wharf
redevelopment with the appropriate Federal, Provincial and Municipal agencies, and be
further charged to make a recommendation to Common Council on the appropriate
course of action.
Councillor Arthurs advised of her further discussion with Council in the
above regard.
On motion of Councillor Arthurs
Seconded by Councillor Knibb
RESOLVED that Council and the Board of
Directors of the Saint John Port Corporation meet at the earliest possible time to
discuss the situation of the bulk terminal at Long Wharf.
Question being taken, the motion was carried.
38. John C. Mason - Bulk
Products Terminal LonQ Wharf
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from John
C. Mason asking Council's support to relocate the planned bulk products terminal,
currently proposed for Long Wharf -- be referred to the above-mentioned meeting with
the Board of Directors of the Saint John Port Corporation.
Question being taken, the motion was carried.
15. Commissioner Of Finance
Motion Of Commendation
Consideration was given to a letter from Councillor Arthurs regarding the
appointment of the City's Commissioner of Finance, Mr. Daryl Wilson, to the position of
Auditor General of New Brunswick; and urging Council to pass a resolution of
commendation in recognition of Mr. Daryl Wilson's outstanding service and dedication
to his community.
On motion of Councillor Arthurs
Seconded by Councillor Waldschutz
RESOLVED that the Common
Council of the City of Saint John commend Mr. Daryl Wilson's outstanding service and
dedication to his community.
Council members spoke in turn commending Mr. Wilson on his service to
the City of Saint John, as well as on his appointment as Auditor General for the
Province of New Brunswick, and extending best wishes to him and his family.
Question being taken, the motion was carried.
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28. D. C. Wilson - Resignation From
Position Of Commissioner Of Finance
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from D. C.
Wilson resigning as Commissioner of Finance, effective August 31, 1997, be accepted
with reluctance.
Question being taken, the motion was carried.
8(a) Notice To Appear Re Fitzgerald
BuildinQ At 60 Coster Street
Notice had been given to Elva McLeod; and to the heirs of the late
Donald Fitzgerald; and to Bobby Fitzgerald and any other heirs of the late Francis
Fitzgerald; and to the heirs of the late George Fitzgerald, being Dorothea and Malcolm
and Lorna; and to the heirs of the late Eugene Fitzgerald, being Gertrude, June,
Eugene, McLaren, Heather, Faith, Gordon, Victor, Terrence, and Clark; and to any
other persons it may concern, to appear to show cause, if any, why Common Council
should not find the Fitzgerald building located at 63 Coster Street to be in a dangerous
and unsightly condition and also require Elva McLeod and the heirs of the late Francis
and Donald and George and Eugene Fitzgerald to remedy the condition, within such
time as Common Council may set, by either demolishing the Fitzgerald building and
removing the debris or by carrying out the work set on in the submitted report.
8{b)
Consideration was given to a report from the City Manager advising that
the two-family wood frame building at 63 Coster Street (NBGIC Number 33324) was
vacant, in an advanced state of deterioration and has been open to entry by the public
(until April 1997), and the records of the Saint John County Registry Office show Hulda
Fitzgerald as the registered owner of the property although Mrs. Fitzgerald has been
deceased since approximately 1972 and, until recently, the building was occupied by
Hulda Fitzgerald's daughter, Elva McLeod and her family; also advising that the house
has become dilapidated and deteriorated so as to be in a dangerous and unsightly
condition, as indicated in the submitted inspection report of Deputy Building Inspector
David G.M. Crawford, and that Mrs. McLeod has ignored several written notices,
including an Order, from the City to remedy the deficiencies and she and the other
heirs of Hulda Fitzgerald have been advised of their right to appear and be heard at the
June 23 Common Council meeting; and recommending adoption of the submitted
resolution in this regard.
Mr. Edwards, in apprising Council of the condition of the subject two-
storey wood frame building from mid-1991 to date, advised that early in 1996 the
Building Inspector's Office came to the conclusion that the owners/occupants had
allowed the building to deteriorate to a point where repairing the building was no longer
a viable option and further that it became very clear that the building was unhealthy,
unsafe and could not continue to be used as a dwelling; referenced the submitted
photographs of the building; and also advised that, following continued concerns by
neighbours, the City's Carpenter Shop, on his instruction, removed the two sets of
stairs and boarded up the windows and doors, as well as baited the building as there
were reports of it being infested with rats, at a direct cost to the City of approximately
$1,800 in securing the building. Mr. Edwards further advised that property taxes had
been unpaid since 1990 in an amount of approximately $13,800; and asked that
Council find the building located at 63 Coster Street to be dilapidated or deteriorated so
as to be in a dangerous and unhealthy condition and adopt the resolution submitted
with the above report from the City Manager.
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On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the following resolution
be adopted, namely:-
WHEREAS the fee simple title to the parcel of land which is located at 63
Coster Street in the City of Saint John in the Province of New Brunswick was conveyed
to Hulda Fitzgerald by Lyman F.D. Purnell, in trust, by a deed which was dated January
26, 1965, and registered on January 27, 1965, in the Saint John County Registry Office
in Book 523 as Number 200424 at pages 144-146. The said parcel of land is identified
as Parcel 33324 on the portion of the New Brunswick Geographical Information
Corporation (NBGIC) plan which was submitted as Schedule "B". The said parcel is
more particularly described in the Schedule "A" which was submitted and which was
attached to the aforesaid deed;
AND WHEREAS the said Hulda Fitzgerald died in approximately 1972, having
been predeceased by her husband Horace and survived by her children, Elva, Francis,
Donald, George, and Eugene;
AND WHEREAS the property is located in an area mentioned in the By-Law
entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City of
Saint John";
AND WHEREAS there is located upon this property the building (herein referred
to as "the Fitzgerald building") which is shown on the photographs which were
submitted as Schedule "C";
AND WHEREAS Elva McLeod, a daughter of the late Hulda Fitzgerald, and her
family occupied the Fitzgerald building from approximately 1972 until the building was
abandoned in 1997;
AND upon considering: (a) the inspection report of Mr. David Crawford, P.Eng.,
Deputy Building Inspector, which is dated April 7, 1997 and was submitted as Schedule
"D", and (b) the report from the City Manager and others which is dated June 2, 1997,
and (c) the letter from the Saint John Fire Department which was submitted; and (d) the
oral report of Mr. William Edwards, P.Eng., the Building Inspector of the City of Saint
John:
BE IT RESOLVED that the Common Council of the City of Saint John finds that
the Fitzgerald building is dilapidated or deteriorated so as to be in a dangerous and
unsightly condition:
BE IT FURTHER RESOLVED that Elva McLeod, and the heirs of the late
Donald Fitzgerald, and Bobby Fitzgerald and other heirs of the late Francis Fitzgerald,
and the heirs of the late George Fitzgerald (being Dorothea and Malcolm and Lorna),
and the heirs of the late Eugene Fitzgerald (being Gertrude, June, Eugene, McLaren,
Heather, Faith, Gordon, Victor, Terrence, and Clark) are hereby required to remedy the
dangerous and unsightly condition of the Fitzgerald building, within 15 days after a
notice from the Building Inspector of the City of Saint John is served upon them (either
personally or by the publication of a notice in the newspaper) in accordance with
section 190(4) of the Municipalities Act of New Brunswick, by either demolishing the
building and removing the debris or by carrying out the following work: (1) remove all
loose materials from the ceilings, and (2) repair, level and reinforce the floors, and (3)
remove all litter and debris from both inside and outside of the building, (4) repair or
replace the exterior decks, stairs, guards and handrails, and (5) replace any rotted
clapboards, and (6) repair or replace any rotted window assemblies, and (7) replace
any broken glass, and (8) repair or replace any rotted or rusted eavestroughs and
downspouts, and (9) repair or replace the roof, and (10) remove any peeling paint and
apply such new paint as is necessary to protect the building and remedy the unsightly
appearance:
BE IT FURTHER RESOLVED that the Building Inspector is hereby
appointed to serve a notice upon Elva McLeod and the other aforesaid persons, in
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JUNE 23, 1997
accordance with section 190(4), which requires them to, with 15 days of the service of
the notice upon them, remedy the dangerous and unsightly condition of the Fitzgerald
building by either demolishing the building and removing the debris or by carrying out
the aforesaid work:
BE IT FURTHER RESOLVED that in the event that Elva McLeod and the
other aforesaid persons do not comply with the Building Inspector's notice, then the
Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick
for an Order which would (a) require Elva McLeod and the other aforesaid persons to
demolish the Fitzgerald building and remove the debris within 15 days or such further
time as the Court deems appropriate, and would (b) authorize the City of Saint John to
cause the Fitzgerald building to be demolished and the debris removed at the expense
of Elva McLeod and the other aforesaid persons in the event that they do not comply
with the Order.
Question being taken, the motion was carried.
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
9. Ernst & YounQ - Business Process Improvements
Mr. Totten noted that Ernst & Young's presence at this meeting was at
Council's request of May 20.
Stephen Gallagher of Ernst & Young introduced the following members
of Ernst & Young's Business Process Improvement team - Jeanie McKibbon, Anne
Morton and Greg O'Malley; and, through an overhead slide presentation, provided an
overview of Ernst & Young's involvement with the City from the fall of 1995 to date;
outlined the organizational chart for the project for which the City was the overall
sponsor; and apprised Council of the team members and facilitators of the two specific
projects currently underway in the City, being the Budget and Control Business Process
Improvement project, and the Information Technology Strategic Planning Process
project.
Jeanie McKibbon provided an overview of Business Process
Improvement (BPI) as an approach in dealing with issues to arrive at different ways to
deliver service to customers, i.e. taxpayers, using technology in order to improve the
effectiveness of service delivery, cost reductions in many different ways, and
operational improvement or business process improvement, the latter on which she
apprised Council, through a high-level overview, of processes and why they would be
of concern when looking at an organization and how it works, such as the City's payroll
process, the City's approach to improve work activities, and why organizations
undertake BPI. Ms. McKibbon presented slides depicting simple processes that go
through the City's operation, including budgeting, records management and purchasing
to illustrate that, while information in one department could be of use to another
department, there might not be an awareness of the availability of such information,
thus the need to overcome natural boundaries of communication when work flow
crosses departmental lines and the purpose of business process improvement in
getting together all of the people involved in a process to look at that process and
understand what causes issues and problems in it and work together to solve them.
Ms. McKibbon advised that, basically, the purpose of BPI was to carefully change
business processes for three reasons: (1) to provide appropriate levels of service to the
process customers; (2) to measure customer satisfaction with the process; and (3) to
improve the quality of output, again, with the process in mind, with the overall objective
of reducing costs and time involved in getting the work done; outlined the key steps
common to every BPI project, the characteristics common to every BPI assignment,
and the reasons why organizations undertake BPI, the main reason being to strike the
appropriate balance between quality and productivity which would allow customer
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needs to be met while making the most efficient and effective use of the organization's
resources.
Greg O'Malley, in noting that people were an organization's most
precious asset, addressed Council on how information technology strategy planning fits
into BPI and what was involved in technology planning, stressed the importance not
only of a focused effort to try to transfer knowledge and develop the people working on
the business process improvement teams but to communicate, throughout the project,
to all the people who would be affected by the process change so that they would know
what the change was and how they would be impacted by it, as well as to try to identify
the training requirements in order for them to work within the new processes or new
technology, if required to support the processes. Mr. O'Malley apprised Council of what
was involved in information technology planning, and the results that could be expected
from this.
Mr. Gallagher noted the emphasis by both Ms. McKibbon and Mr.
O'Malley on the team work involved in successfully going through BPI projects and on
the knowledge transfer, and advised that a key objective to the Ernst & Young team in
going through these exercises would be to transfer the knowledge to staff in the
organization in which it was working so that, in time, the team would be in a position
where it could withdraw and the organization's staff members would be in a position
where they could take over and do this on their own. Mr. Gallagher apprised Council of
the status of the City's current BPI projects, involving a total of forty-eight people from
the City staff perspective, and noted the four projects not yet started.
Mr. Totten acknowledged the presence at the meeting of the City's team
members - Project Manager of BPI Michael Chisholm, team leaders Murray Jamer and
Mark Gillan, and Cathy Graham, Susan Fitzpatrick and Phyllis O'Donnell.
The Mayor thanked the Ernst & Young representatives for their
presentation, and they responded to questions in the above regard.
10. Meadowlands Recreation Association
Financial Assistance For PlaYQround
Christopher Gaudet and Gordon Plagenz appeared before Council, and
Mr. Gaudet addressed Council on behalf of the Meadowlands Recreation Association
requesting the City's financial support, in the amount of $20,000 to $22,000, in the
Association's endeavour to install a playground structure in the land for public purposes
parkland area located in the centre of Meadowland Subdivision, as indicated in the
previously-submitted brief. Photographs, a plan and drawings of the proposed
playground structure were circulated to Council members during the presentation.
The Mayor, in thanking Mr. Gaudet for his presentation and noting the
parents and children present at the meeting in this regard, asked for clarification on the
amount of financial assistance requested, to which Mr. Gaudet replied that
approximately $14,000 of the Association's current balance of $18,000 represented
work that had already been done in-kind by the contractor, including filling and levelling
of the area, and the Association currently had about $4,000 and was working on raising
another $4,000 and that, besides the equipment listed on the submitted balance sheet,
it would be necessary to build a box and place sand around the equipment.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the presentation on behalf
of the Meadowlands Recreation Association requesting financial support to install a
playground structure in the land for public purposes area located in the centre of the
Meadowland Subdivision -- be referred to the City Manager for a report at the next
meeting.
Question being taken, the motion was carried.
16. 1997 Bond Issue
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Read a report from the City Manager advising that, further to the notice
of motion to Council on April 28 of the need to borrow $13,950,000, it was determined
that $720,000 was not required for the Saint John Transit Commission, and that the
New Brunswick Municipal Finance Corporation was planning a bond issue in the near
future and had provided ranges within which the issue could be sold as follows:-
interest rate - not to exceed an average of 8.25%; price, net - not to be less than $98
per $100 of debenture; and term - serial form to mature in equal annual amounts over a
term not to exceed 10 years; and recommending adoption of the submitted resolution in
this regard.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that occasion having
arisen in the public interest of the following public civic works and needed civic
improvements, that is to say:
GENERAL FUND
General Government:
Computer Upgrades $142,920; City Hall Renovations $29,696; Human Resource
Information System $77,959 - $250,575
Protective Services:
Fire Apparatus $491,559; Fire Station Renovations $60,100; Police Equipment
$55,536; Police Renovations $52,091; Protective Services IBM System $210,523 --
$869,809
Transportation Services:
Broadway Street $70,473; Brown Street $19,401; Buena Vista Avenue $51,858;
Candlewood Lane $89,326; Chipseal $90,984; City Line $171,732; Crown Street
$333,807; Dorchester Street $37,400; Douglas Street $29,523; Earle Avenue $23,528;
Fairville Boulevard $234,103; Fundy Drive $21,056; Garden Street $195,215; Glen
Road $102,847; Hickey Road $15,805; King's Square North $27,652; Local Drainage
$42,961; Main Street North $17,277; Manawagonish Road $79,738; McDonald Street
$80,802; McKiel Street $46,676; Millidge Avenue $347,504; Molson Avenue $109,317;
Natalie Street $24,067; Oakland Street $52,962; Ocean Westway $105,357; Park
Avenue $165,645; Park Avenue Extension $67,008; Parking Meters $214,999; Point
Road $19,017; Queen Street Central $64,454; Queen Street West $67,749; Ridge Row
$43,056; Riverside Lane $46,628; Rothesay Avenue $19,278; Sears Street $62,504;
Sewell Street $47,052; Sherbrooke Street $61,356; Simpson Drive $63,578; Spruce
Avenue East 96,250; St. James Street West $25,609; Street Resurfacing $345,202;
Summer Street West $19,452; Summit Drive $155,900; Sydney Street $211,147;
Thorne Avenue $38,148; Todd Street 53,577; Tower Street $28,165; Traffic Signage
and Signals $60,695; Treadwell Drive $30,850; Tree Planting $43,067; Vey Road
$20,330; Wellington Row $72,530; Westmorland Road $69,094; Works Central Garage
$25,562; Works Central Office $24,865; Works Depot $39,006 -- $4,723,144
Environmental Health:
Spruce Lake Landfill Site $271,041
Environmental Development:
Housing Incentive Program $44,900; Harbour Station Stairs $153,539; Heritage Grants
$44,677; Harbour Station $417,479; Subdivision Cost Sharing $443,369; Trade and
Convention Centre $98,806; Tourist Information Centre Highway West $29,427; Tourist
Information Centre Reversing Falls $38,052 -- $1,270,249
Recreation & Cultural Services:
Ammonia Detectors $17,071; Belyea Arena $23,974; Canada Games Aquatic Centre
Expansion $136,433; Canada Games Aquatic Centre Miscellaneous $100,000; Facility
and Community Development $16,433; Facility Improvement $38,635; Golf Course
Parking Lot $37,252; Hurley Arena $85,784; Lancaster Arena $113,759; Lily Lake
Pavilion $29,656; Lord Beaverbrook Rink $30,000; Rockwood Park Facilities $13,254;
Shamrock Park/Adelaide Street $82,377; Tree Planting $30,554 -- $755,182
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JUNE 23, 1997
TOTAL GENERAL FUND $8,140,000
WATER & SEWERAGE UTILITY
Water System:
Buena Vista Avenue $104,557; Earle Avenue $65,853; Haymarket Square $69,532;
Lansdowne Avenue $73,097; Lead Service Renewal $259,559; Millidge Avenue
$280,630; Montreal Avenue $89,903; Renforth Water Main $176,355; Rothesay
Avenue $254,233; Sand Cove Road $75,970; Spruce Lake $1,036,303; Sydney Street
$148,008 -- $2,634,000
Sewer System:
Buena Vista Avenue $139,361; Lower West Side Pump Station $365,979; Millidge
Avenue $187,178; Montreal Avenue $160,912; Natalie Street $175,769; Sand Cove
Road $114,819; Second Street $111,736; Service Laterals $94,649; Sydney Street
$142,526; Todd Street $61,040; Union Street $62,683; Wastewater Sewerage
Treatment Plant $260,453; Western Beaches Trunk Sewer $578,895 -- $2,456,000
TOTAL WATER & SEWERAGE UTILITY $5,090,000
TOTAL FOR ALL PURPOSES $13,230,000
THEREFORE RESOLVED that debentures be issued under provisions
of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto,
to the amount of $13,230,000:
AND FURTHER that subject to paragraph 3 of this resolution, the
Commissioner of Finance be authorized to issue and to sell to the New Brunswick
Municipal Finance Corporation (the "Corporation") a City of Saint John bond or
debenture in the principal amount of $13,230,000 on such terms and conditions as are
recommended by the Corporation:
AND FURTHER that the City of Saint John agrees to issue post-dated
cheques to the Corporation in payment of principal and interest charges on the above
bond or debenture as and when they are required by the Department of Municipalities,
Culture and Housing:
AND FURTHER that the Commissioner of Finance be hereby authorized
to receive an offer in connection with the foregoing debentures at a price not less than
$98 per $100 of debenture, at interest rates not to exceed an avenge of 8.25% and at
a term not to exceed 10 years; and further that the Commissioner of Finance report to
Common Council the exact values for price per $100 of debenture, interest rate and
term in years, together with the date of the issue for approval by Common Council.
Question being taken, the motion was carried.
17. Tender For Contract 97-5
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Contract 97-5: Saint George Street - Stanley Street water and sewer
construction, be awarded to the low tenderer, Fairville Construction Ltd., at the
tendered price of $278,347, 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.
18. Council Resolutions/Appointments
Re By-Law Enforcement/LayinQ Information
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JUNE 23, 1997
Consideration was given to a report from the City Manager advising that
the language contained in Provincial Acts generally refers to the person designated by
the Council, as opposed to a position such as the Building Inspector and, this being the
case, it was necessary for Council to designate persons by name with respect to the
by-law enforcement process; and recommending adoption of the submitted resolutions
in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the following resolutions be adopted, namely:-
1. RESOLVED that the resolution of March 7,1983, item (5), authorizing
Burton Steeves to lay informations for breach of the Building By-Law, Dangerous or
Unsightly Premises By-Law, Flood Risk Area By-Law, Heritage Preservation Area
Review By-Law, Minimum Property Standards By-Law, Mobile Home Parks By-Law,
and Zoning By-Law and the appointment of John Johnson to lay informations for
breach of the by-laws stipulated in item (5) in the absence of Burton Steeves is hereby
rescinded:
AND FURTHER BE IT RESOLVED that the resolution of July 15, 1991
authorizing John H. Johnson, H. Burton Steeves, and David G. M. Crawford to lay
information in Provincial Court for breach of the Minimum Property Standards By-Law is
hereby rescinded.
2. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws pursuant to the authority of the Municipalities Act of the Province of
New Brunswick, including the Minimum Property Standards By-Law, and it may from
time to time be necessary to commence proceedings in court when a person has
contravened or failed to comply with such by-laws:
THEREFORE BE IT RESOLVED that William Edwards, David G. M,
Crawford, and Gloria Barker are each hereby authorized to lay informations for breach
of the Minimum Property Standards By-Law pursuant to Section 101 of the
Municipalities Act:
AND BE IT FURTHER RESOLVED that this authorization shall continue
until such time as the named individuals cease to hold their current positions of Building
Inspector, Deputy Building Inspector, and By-Law Enforcement Officer respectively or
until the authorization is rescinded by Common Council.
3. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws pursuant to the authority of the Municipalities Act of the Province of
New Brunswick, including the Minimum Property Standards By-Law, and it may from
time to time be necessary to apply to the court when a person has contravened or
failed to comply with such by-laws:
THEREFORE BE IT RESOLVED that David G. M. Crawford of the City
of Saint John is hereby authorized, when there is no Building Inspector or when the
Building Inspector is unable to act or absent, to make application to the Court of
Queen's Bench or any Judge thereof as provided in Section 106.1 of the Municipalities
Act:
AND FURTHER BE IT RESOLVED that this authorization shall continue
until such time as the named individual ceases to hold his current position of Deputy
Building Inspector or until the authorization is rescinded by Common Council.
4. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws pursuant to the authority of the Municipalities Act of the Province of
New Brunswick, including the Mobile Home Parks By-Law, and it may from time to time
be necessary to commence proceedings in court when a person has contravened or
failed to comply with such by-laws:
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COMMON COUNCIL
JUNE 23, 1997
THEREFORE BE IT RESOLVED that William Edwards, David G. M.
Crawford, and Gloria Barker are each hereby authorized to lay informations for breach
of the Mobile Home Parks By-Law pursuant to Section 101 of the Municipalities Act:
AND FURTHER BE IT RESOLVED that this authorization shall continue
until such time as the named individuals cease to hold their current positions of Building
Inspector, Deputy Building Inspector, and By-Law Enforcement Officer respectively or
until the authorization is rescinded by Common Council.
5. RESOLVED that the resolution of April 22, 1991, appointing Brian
Shanks as a By-Law Enforcement Officer pursuant to Section 14 of the Police Act and
Section 101 of the Municipalities Act for the purpose of enforcing the Saint John Dog
Control By-Law and to lay informations for breach of that By-Law is hereby rescinded.
6. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws under and pursuant to the authority of the Municipalities Act, including
the Saint John Animal Control By-Law:
THEREFORE BE IT RESOLVED that Gloria Barker and Brian Shanks
are each hereby appointed as a By-Law Enforcement Officer pursuant to Section 14 of
the Police Act and Section 101 of the Municipalities Act for the purpose of enforcing the
Saint John Animal Control By-Law, and that each is hereby authorized to lay
informations for breach of that By-Law in Provincial Court:
AND FURTHER BE IT RESOLVED that this authorization shall continue
until such time as the named individuals cease to hold their current positions of By-Law
Enforcement Officer and Assistant By-Law Enforcement Officer respectively or until the
authorization is rescinded by Common Council.
7. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws under and pursuant to the authority of the Municipalities Act of New
Brunswick, including the Garbage By-Law of the City of Saint John:
THEREFORE BE IT RESOLVED that David G.M. Crawford, Gloria
Barker, and Brian Shanks are each hereby authorized to enforce the Garbage By-Law
and also that each is hereby authorized to lay informations for breach of that By-Law
permitted under Section 101 of the Municipalities Act in the Provincial Court of New
Brunswick.
AND FURTHER BE IT RESOLVED that David G.M. Crawford, Gloria
Barker, and Brian Shanks are each hereby authorized to make application to the Court
of Queen's Bench of New Brunswick or any judge thereof as provided in Section 106.1
of the Municipalities Act:
AND FURTHER that this authorization shall continue until such time as
the named individuals cease to hold their current positions of Deputy Building
Inspector, By-Law Enforcement Officer, and Assistant By-Law Enforcement Officer
respectively or until the authorization is rescinded by Common Council.
8. WHEREAS the Common Council of the City of Saint John has enacted
certain by-laws under and pursuant to the authority of the Community Planning Act of
New Brunswick, including the Flood Risk Area By-Law:
THEREFORE BE IT RESOLVED that David G.M. Crawford is hereby
authorized to make applications to the Court of Queen's Bench of New Brunswick or
any Judge thereof as provided in Section 94 of the Community Planning Act:
AND FURTHER BE IT RESOLVED that this authorization shall continue
until such time as the named individual ceases to hold his current position of Deputy
Building Inspector or until the authorization is rescinded by Common Council.
9. RESOLVED that the resolution of November 24, 1986, appointing H.
Burton Steeves as the By-Law Enforcement Officer for the purpose of enforcing the
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COMMON COUNCIL
JUNE 23, 1997
Saint John Preservation Area By-Law and authorizing H. Burton Steeves to make
orders respecting contravention of the Municipal Heritage Preservation Act or the
Preservation Area By-Law and to make application to the Supreme Court or a Judge
thereof is hereby rescinded.
10. WHEREAS the Common Council of the City of Saint John has enacted
the Saint John Preservation Area By-Law under and pursuant to the authority of the
Municipal Heritage Preservation Act:
THEREFORE BE IT RESOLVED that William Edwards is hereby
appointed as By-Law Enforcement Officer for the purpose of enforcing the Saint John
Preservation Area By-Law and to lay information for breach of that By-Law and that
David G.M. Crawford is hereby authorized to enforce and lay informations for breach of
that By-Law when William Edwards is unable to act or absent:
AND FURTHER BE IT RESOLVED that where a development is carried
out in contravention of the Municipal Heritage Preservation Act or the Preservation
Area By-Law, William Edwards or, when he is unable to act or absent, David G.M.
Crawford may order: (a) cessation of the development; (b) alteration of such
development so as to remove the contravention; or (c) the doing of anything required to
restore the land, building, or structure to its condition, immediately prior to the
undertaking of such development:
AND FURTHER that William Edwards or, when he is unable to act or
absent, David G.M. Crawford is hereby authorized to make application to the Court of
Queen's Bench of New Brunswick or a judge thereof for an order as set out in 19(2) of
the Municipal Heritage Preservation Act where a person: (a) contravenes or fails to
comply with: (i) any provision of the Municipal Heritage Preservation Act or the
Preservation Area By-Law; or (ii) an order or demand made pursuant to the
aforementioned Act or By-Law, or (iii) any terms and conditions imposed pursuant to a
Certificate of Appropriateness; or (b) obstructs any person in the performance of his
duty under the Municipal Heritage Preservation Act:
AND FURTHER that these appointments and authorizations shall
continue to until such time as the named individuals cease to hold their current
positions of Building Inspector and Deputy Building Inspector respectively or until the
appointments and/or authorizations are rescinded by Common Council.
Question being taken, the motion was carried.
19. Establishment Change Municipal Operations
Heavy Equipment Operator & Labour Positions
Consideration was given to a report from the City Manager advising of a
vacancy in the Works Division of Municipal Operations in the Heavy Equipment
Operator (HEO) job classification; and recommending a change in the Establishment to
reduce the number of HEOs and increase the number of Labourer positions by one
position each.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Common Council amend the Municipal Operations (Works)
Establishment as follows:- reduce the number of Heavy Equipment Operator (HEO)
positions from 41 to 40; and increase the number of Labourer positions from 30 to 31.
Question being taken, the motion was carried.
20. Romero House Soup Kitchen's
Appeal For Financial Aid
On motion of Councillor Knibb
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COMMON COUNCIL
JUNE 23, 1997
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager, further to Council's consideration on April 14 of Romero House Soup
Kitchen's appeal for financial aid, recommending that Romero House be directed to
contact
Human Resources Development New Brunswick for financial assistance from the
Community Voluntary Action Program -- be received and filed and the recommendation
adopted.
Question being taken, the motion was carried.
21. Acquisition Of Rights-Of-
Way 66-68 Bentley Street
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the acquisition of any rights-of-way held by
the owner of 66-68 Bentley Street (NBGIC Number 369165) to access the rear of the
subject property by way of the Old Strait Shore Road or Chesley Street (now referred to
as Chesley Drive), for the purchase price of one hundred ($100) dollars plus legal fees
and other fees applicable to this transaction, and the Mayor and Common Clerk be
authorized to execute the necessary documents.
Question being taken, the motion was carried.
22. Activities 14 Walsh's Road
And 579 Rothesay Avenue
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising of activities at 14 Walsh's Road (NBGIC Number 298455) and 579
Rothesay Avenue (NBGIC Number 298307), further to the June 9 Council meeting -- be
received and filed.
Councillor Vincent expressed concern about a permit having been
issued in view of continued violations, and Mr. Edwards advised that the applicant
indicated to him that he anticipated the removal from the site of approximately 150
truck loads of material, and made the observation that, under the Flood Risk By-Law,
there is no prohibition on the removal of material but the prohibition relates to adding
more fill or undertaking development.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
23. Easement For Encroachment
150 VirQinia Street
Read a report from the City Manager submitting correspondence from
the Legal Department and a recommendation concerning a request from Frank P.
Hamm, solicitor on behalf of the vendors of 150 Virginia Street, for an easement to
permit the encroachment of the building upon Virginia Street.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the payment of $1, to execute a grant of
easement in favour of the present owners the Executors of the Estate of Iris Winnifred
Yorke to permit the encroachment of their building at 150 Virginia Street upon Virginia
86-477
COMMON COUNCIL
JUNE 23, 1997
Street, such easement to terminate with the demolition or removal of the
encroachment.
Question being taken, the motion was carried.
24. Acquisition Of Municipal
Easement Princess Court
Consideration was given to a report from the City Manager, further to
Council's tabling on June 9 of a report recommending the purchase of an easement to
provide municipal services at Princess Court, recommending that Council bring to the
table the subject report and consider the recommendation therein.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above matter be taken
from the table for consideration at this time.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, (1) Common Council approve the purchase from the Provincial
Department of Supply and Services of an easement in the area of Princess Court and
Todd Street, to provide municipal services, having an area of approxi-mately 527M2, for
a price of $5.38 per square meter plus any applicable taxes subject to the following
terms and conditions: (a) the City becomes the owner of the storm sewer now or
currently located within the limits of the above-described easement; and (b) the City be
responsible for all legal and survey costs associated with the purchase of the
easement; and (2) the Mayor and Common Clerk be authorized to execute all
documents necessary to complete the acquisition of the above easement.
Question being taken, the motion was carried.
25. Assent To Municipal Services
Easement 529 Rothesay Avenue
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council assent to the submitted photo-reduced subdivision
plan illustrating a municipal services easement over the property at 529 Rothesay
Avenue (NBGIC Number 309179).
Question being taken, the motion was carried.
26. Assent To Public Utility
Easement 28 Mcilveen Drive
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council assent to the submitted subdivision plan illustrating a
public utility easement over the property at 28 Mcilveen Drive (NBGIC Number 434225)
to service proposed Lots 97-1, 97-2 and 97-3.
Question being taken, the motion was carried.
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JUNE 23, 1997
27. GarbaQe By-Law Amendment
Consideration was given to a report from the City Manager referring to
the proposed Garbage By-Law amendment to which Council gave first and second
readings on June 12 and on the agenda of this meeting under item 32; submitting rules
and regulations which outline additional items prohibited by the Westmorland-Albert
solid waste site, over and above what staff was given previously, as well as the
submitted amendment to the Garage By-Law as prepared by the City Solicitor for third
reading which includes the additional prohibited items; and recommending that the
submitted amendment to "A By-Law For The Storage, Collection And Disposal Of Solid
Waste In The City Of Saint John, New Brunswick", be given third reading.
32. Garbage By-Law Amendment
StoraQe. Collection & Disposal
Consideration was also given to a report from the City Solicitor regarding
the proposed Garbage By-Law amendment to which Council gave first and second
readings on June 12 and which was designed to provide that the collection and
disposal of solid waste would be consistent or compatible with the rules that had been
adopted by the Westmorland-Albert Solid Waste Commission respecting the waste it
will accept at its facility.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Storage, Collection And Disposal Of Solid
Waste In The City Of Saint John, New Brunswick", 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 The
Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New
Brunswick", was read in its entirety.
Question being taken, the motion was carried.
27 A. Solid Waste Transfer AQreement
Consideration was given to a report from the City Manager advising that,
in order for the City's hauler to deliver solid waste to the Westmorland-Albert solid
waste facility, it would be necessary to enter into a solid waste transfer agreement with
the Fundy Region Solid Waste Commission; submitting the proposed agreement which
indicates a tip fee of $46 per tonne (plus taxes), if more than 2,000 tonnes per month
are delivered from the Fundy Region, as well as an administration charge of $1 per
tonne (plus taxes), and other requirements; and recommending that Council enter into
the submitted agreement.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Council enter into the submitted agreement with the Fundy Region
Solid Waste Commission in order for the City's hauler to deliver solid waste to the
Westmorland-Albert solid waste facility:
AND FURTHER that the City Manager be requested to follow up on that
agreement to see if it can be brought better into line with the City's agreement with
Galbraith Construction.
Councillor Vincent referenced minutes from the Fundy Region Solid
Waste Commission, copies of which were forwarded to Council members as an
information item, in which there was an indication to the containment cell not being
ready until early December and that consultations with the Department of the
Environment would take place in an effort to have it operational in 1997; and asked if
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COMMON COUNCIL
JUNE 23, 1997
this information would have any effect on a decision in the above regard, to which Mr.
Robichaud indicated in the negative.
Question being taken, the motion was carried.
*27B. Loading & Hauling Solid Waste
From Five Fathom Hole To Moncton
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted agreement between Galbraith
Construction Ltd. and the City of Saint John, with regard to the loading and hauling of
solid waste from the Five Fathom Hole transfer site to the Westmorland-Albert solid
waste facility, and the Mayor and Common Clerk be authorized to execute the
agreement:
AND FURTHER that the tipping fee at the Five Fathom hole temporary
transfer facility be $90 per tonne plus HS1.
Question being taken, the motion was carried.
29. Traffic By-Law Amendment, Residential
ParkinQ Permits. Prince William Street
Read a report from the City Solicitor submitting for Council's
consideration of third reading a proposed Traffic By-Law amendment with respect to
the use of residential parking permits on a portion of Prince William Street, to which
Council gave first and second readings on June 9.
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 residential parking permits on a portion of Prince William
Street, 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.
30. Parking Meter By-Law Amendment
Portion Of Prince William Street
Consideration was given to a report from the City Solicitor submitting for
Council's consideration of third reading a proposed Parking Meter By-Law amendment
to accommodate the issuance and use of residential parking permits on a portion of
Prince William Street, to which Council gave first and second readings on June 9.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number M-118-6 A By-Law To Provide For The Reservation Of Certain Streets
Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The
Use Or Occupation Of The Same By Means Of Mechanical Appliances", to
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COMMON COUNCIL
JUNE 23, 1997
accommodate the issuance and use of residential parking permits on a portion of
Prince William Street, be read a third time and enacted and the Common Corporate
Seal be affixed thereto.
The by-law entitled, "By-Law Number M-118-6 A By-Law To Provide For
The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To
Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of
Mechanical Appliances", was read in its entirety.
Question being taken, the motion was carried.
31. Parking Meter By-Law
Amendment Sydney Street
Consideration was given to a report from the City Solicitor submitting for
Council's consideration of third reading a proposed Parking Meter By-Law amendment
to permit the installation of two-hour parking meters on the west side of Sydney Street
between Princess Street and King's Square South, to which Council gave first and
second readings on June 9.
On motion of Councillor Arthurs
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "By-
Law Number M-118-7 A By-Law To Provide For The Reservation Of Certain Streets Or
Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use
Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to
Sydney Street between Princess Street and King's Square South, be read a third time
and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number M-118-7 A By-Law To Provide For
The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To
Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of
Mechanical Appliances", was read in its entirety.
Question being taken, the motion was carried.
33. Municipal Plan Amendment
& Re-ZoninQ 60 Ross Street
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation with regard to the submitted application of Tony Rickett, concerning
property at 60 Ross Street, have been completed and the date for objections expired
on June 11, with no written objections having been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the application of Tony
Rickett for a Municipal Plan amendment and re-zoning of 60 Ross Street 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 Tuesday,
August 5, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
34. 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
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COMMON COUNCIL
JUNE 23, 1997
reports
Your Committee reports that it sat on Monday, June 2, 1997, when there
were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick,
Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following
recommendation, namely:-
1. That as recommended by the Nominating Committee, the following
persons be appointed as the City's nominees on the Rockwood Park Advisorv Board
for a one-year term: Donald Harvey, Dorothy Dawson, Doug S. Trentowsky, Chris
Smith and Deborah MacDonald.
June 23, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
34.1. Rockwood Park Advisory
Board Appointments
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
35. 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 Thursday, June 12, 1997, when
there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the City Manager, Common Council: (1)
authorize the sale of 319 Charlotte Street (NBGIC Number 851) to Randy Trites for the
purchase price of $2,200 plus applicable taxes, land transfer fees and property tax
adjustments; (2) authorize the sale of 134 Britain Street (NBGIC Number 2360) to Paul
Ram for the purchase price of $1,000 plus applicable taxes, land transfer fees and
property tax adjustments; (3) decline Martin Soucy's offer to purchase 22 Oakland
Avenue; (4) authorize the Mayor and Common Clerk to execute the necessary
documents, including the Agreements of Purchase and Sale for 319 Charlotte Street
and 134 Britain Street and the subsequent deeds; and (5) authorize the payment of a
commission in the amount of $800 plus HST for the sale of 319 Charlotte Street and
$500 plus HST for the sale of 134 Britain Street, made payable to the Listing Agents (or
their Company, ReMax Professionals Inc.) upon the delivery of each purchaser of his
deed.
June 23, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
35.1. Offers To Purchase City Land
On motion of Councillor Knibb
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COMMON COUNCIL
JUNE 23, 1997
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
36. Amendments To City Of
Saint John Pension Act
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Board of Trustees of the City of Saint John Pension Plan, Common Council approve
the submitted amendments to the Pension Act for presentation to the fall session of the
New Brunswick Legislature. (Rescinded July 21, 1997 Bk. 86 Pg. 522 )
Question being taken, the motion was carried.
37. Saint John Parking Commission Re
Traffic By-Law Amendment LoadinQ Zones
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the Saint
John Parking Commission submitting a proposed amendment to the Traffic By-Law with
regard to the use of on-street loading zones; and recommending that this amendment
be given first and second readings and referred to the Legal Department for
appropriate action -- be received and filed and the recommendation adopted:
AND FURTHER 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 loading zones,
be read a first time.
Question being taken the motion was carried.
Read a first time 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".
On motion of Councillor Knibb
Seconded by Councillor Vincent
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 loading zones, be read a second time.
Question being taken the motion was carried.
Read a second time 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".
39. Sisters Of Charity Of
The Immaculate Conception
Re-Zoning Of Property
Rockland Road & Park Street
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COMMON COUNCIL
JUNE 23, 1997
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that application of the
Sisters of Charity of The Immaculate Conception for the re-zoning of property on
Rockland Road and Park Street 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 Tuesday, August 5, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
40. K.W. Johns - Sidewalk & Water
Pressure On Buena Vista Avenue
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from K.W.
Johns of 2 Drummond Street regarding the appearance of the land on the side of his
home facing Buena Vista Street following the installation of water and sewerage pipe
last summer, as well as the installation of a sidewalk which, in his view, was not
necessary; expressing concern about the inadequate water pressure in this part of the
City; and asking for the rationale for the installation of a sidewalk on Buena Vista
Avenue and attention given to the inadequate water pressure -- be referred to the City
Manager for a response.
Question being taken, the motion was carried.
41. The Saint John Jeux Canada Games
Foundation, Inc., 1996 Activities,
Financial Statements & Members'
Reappointment To Board of Governors
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from The Saint
John Jeux Canada Games Foundation, Inc, submitting its audited Report and Financial
Statements as at December 31, 1996; and recommending that Kenneth V. Cox and
James Morrell be reappointed Governors for a term ending December 31, 1999, or until
their successors are appointed -- be received and filed with appreciation, and Kenneth
V. Cox and James Morrell be reappointed to the Board of Governors.
Question being taken, the motion was carried.
42. University Of New Brunswick
City Of Saint John Award Recipient
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the University
of New Brunswick advising that the 1996 recipient of the City of Saint John Award was
Ms. Coralee Vivian Allaby of Hampton, New Brunswick -- be received and filed with
congratulations to Ms. Allaby.
Question being taken, the motion was carried.
43. Gloria Gates - Clean-Up
Of Old BuildinQs In City
On motion of Councillor Vincent
Seconded by Councillor Arthurs
RESOLVED that the letter from Gloria
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COMMON COUNCIL
JUNE 23, 1997
Gates asking that old buildings in the City be torn down -- be referred to the Building
Inspector.
The initial motion proposed by Councillor Knibb, and not seconded, was
to receive and file the above letter.
Question being taken, the motion was carried.
44. Steve Anderson - Current
Waste ManaQement PliQht
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the letter from Steve
Anderson commenting on an article in the June 16 edition of Saint John Times-Globe
newspaper with regard to Saint John's current waste management plight -- be received
and filed.
Question being taken, the motion was carried.
45. Hansen Signs - Amendment To Section
Conditions Of Re-ZoninQ 400 Main Street
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the application of
Hansen Signs for an amendment to the Section 39 conditions of re-zoning of 400 Main
Street 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 Tuesday, August 5, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
46. John Maurer - Amendment To Section
Conditions Of Re-ZoninQ 15 Fulton Lane
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the application of John
Maurer for an amendment to the Section 39 conditions of re-zoning of 15 Fulton Lane
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 Tuesday, August 5, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
47. Richard & Co. Architecture Inc.
Re Diocese Of Saint John's
Application For Section 39
Amendment 133 RaQQed Point Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the letter from Richard &
Co. Architecture Inc. submitting a proposal for the sharing of servicing and
development costs relative to the site of the proposed church at 133 Ragged Point
Road, further to the presentation at the June 9 public hearing of the proposed
amendment to the Section 39 conditions of zoning in this regard -- be referred to the
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COMMON COUNCIL
JUNE 23, 1997
City Manager for a report to Council.
Question being taken, the motion was carried.
*47A. Legal Session Resolution
Fish And Game As Overholding
Tenants - Lily Lake Pavilion
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the Mayor and Common
Clerk are hereby authorized to issue written confirmation to the New Brunswick Fish &
Game Protective Association (Saint John Branch) Inc. that the latter must vacate
forthwith the premises in the Lily Lake Pavilion identified in the 1958 lease in favour of
the aforesaid Fish and Game Association.
Question being taken, the motion was carried.
The Mayor advised the intent, for the duration of the bi-weekly schedule
of meetings and commencing on July 7, to start Committee of the Whole meetings at
3:00 o'clock p.m., and commence the open session of Council at 6:00 o'clock p.m., with
public hearings remaining scheduled for 7:00 o'clock p.m.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk