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1997-11-10_Minutes 86-700 COMMON COUNCIL NOVEMBER 10, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of November, AD. 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; A Beckett, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; W. D. Todd, Director of Public Safety Communications Centre; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; R. Simonds, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend James Fudge of the First United Pentecostal Church and Chaplain of the Saint John Police Force 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 Saturday, November 1, 1997, and Monday, November 3, 1997, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 1300 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 1300 Loch Lomond Road (NBGIC Number 55054522), containing an area of approximately 15 acres with a frontage of approximately 680 feet on the south side of Loch Lomond Road, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to permit the development of an automotive service centre, including convenience store and gasoline sales, as requested by Coughlan Realty (1992) Limited "In Trust", and no written objections were in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, eleven letters and a petition in opposition to the above proposed amendments, considered at the Committee's November 4 meeting at which Mr. Harold Coughlan attended in favour of the proposal on behalf of the applicant and Mr. Tom May of U.AP. Inc., the franchiser, appeared, and the Committee heard from five persons in opposition to the proposal with concerns about the ability of Loch Lomond Road to accommodate the traffic generated by the development, safety of children from the Bon Accord subdivision who would have to cross Loch Lomond Road to get to the proposed convenience store and the potential negative impact of the proposed operation on the long-existing businesses which are 86-701 COMMON COUNCIL NOVEMBER 10, 1997 already located in the area, and also that the subject site was not the right location for an auto service centre and the existing residential designation should be retained; and recommending that Common Council deny the application for amendments to the Municipal Plan and Zoning By-Law. Mr. Jamie Davis of Willow Grove, speaking against the proposed re- zoning, advised that the proposed operation would be across the street from the Loch Lomond Mainway which he and his wife lease; and expressed the view that Loch Lomond Road has enough convenience stores and gas bars. Mr. Ralph Landers of 60 Crescent Avenue appeared in opposition to the proposal on the basis that, while he did not have any objection perse to this particular development, any further development in the subject area should be held because the area cannot handle any additional traffic coming in and off the Loch Lomond Road and the area has reached its maximum capacity until further changes to the infrastructure are made. Mr. Harold Coughlan of Coughlan Realty (1992) Limited appeared in support of the proposed amendments on behalf of his client and, referring to a brochure (copies of which were distributed to Council members at this meeting), apprised Council of the Auto Pro Franchise operation, of which there were presently about 500 in Canada, proposed for the subject property; and expressed the view that the location was ideally situated to handle this type of operation, being clearly visible from a considerable distance to enter or exit, having approximately 680 feet frontage, and considered unacceptable to conventional housing due to (a) the many easements attached to the property, (b) the low grade of the property, and (c) being across and near to three or four current commercial operations. Mr. Coughlan addressed the above-mentioned letters in opposition on the basis that the people concerned could be assured that they should not be worrying; and suggested that the addition of the current proposal would not increase any problems for Loch Lomond Road but would certainly give the people there an option of going to an outlet a lot closer, considering that at one time there were three service stations in this area, all with gas pumps and service bays and, going back, there were actually eight service bay outlets on Loch Lomond Road, and currently there was one registered service bay. Mr. Coughlan advised that, having spoken to his client before this meeting, the convenience store request could be withdrawn, if the convenience store were a problem to other owners in the area, as the main purpose of the application was for the Auto Pro Franchise and gas; and explained that the site was chosen because it was a long, level piece of property, visible for a good stretch of highway; and also advised that he was in touch today with the owners of property on Loch Lomond Road adjacent to Home Hardware approximately 500 feet from the subject site, which is zoned for business and on which this proposed operation could be located; however, as it is located just over the crest of the hill, for safety reasons the subject property was considered better. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council deny the application of Coughlan Realty (1992) Limited "In Trust" for a Municipal Plan amendment and re-zoning of property at 1300 Loch Lomond Road. Question being taken, the motion was carried. 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ 2435 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1984 re-zoning to "1-1" Light Industrial as amended in 1994, of a parcel of land located at 2435 Golden Grove Road (NBGIC Number 469551), to continue the use of the property for a contractor's office, storage and vehicle/equipment maintenance facility for one additional year, as requested by Warren Maritimes Ltd., and no written objections were received in this regard. 86-702 COMMON COUNCIL NOVEMBER 10, 1997 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and one letter in support of the above application, which were considered at the Committee's November 4 meeting at which Mr. Bird appeared on behalf of the applicant in agreement with the recommendation in the staff report; and recommending that Common Council amend the Section 39 conditions as set out herein. Mr. Jim Bird, District Manager of Warren Maritimes Ltd., appeared in support of the application, and advised that Warren Maritimes Ltd. intended to carry on business as usual at the site and it was acceptable to the Company to continue on with the temporary zoning. Mr. Bird confirmed that he was in favour of the Planning Advisory Committee recommendation. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1984 re-zoning to "1-1" Light Industrial, as amended in 1994, of a parcel of land located at 2435 Golden Grove Road (NBGIC Number 469551), to continue to use the property for a contractor's office, storage and vehicle/equipment maintenance facility, on condition that: (a) the use of the property for a contractor's office, storage and vehicle/equipment maintenance facility be permitted until November 10, 1998; (b) all cleaning and maintenance of equipment occur in the existing building; and (c) the existing trees adjacent to Golden Grove Road to be retained. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 2117 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone approximately 1.95 hectares (4.8 acres) of land situated at 2117 Loch Lomond Road (NBGIC Number 55081756), from "RS-1" One- and Two-Family Suburban Residential to "RS-1 M" One- and Two-Family and Mobile Home Suburban Residential classification, to permit an existing mobile home to permanently remain on the subject property, as requested by Wayne and Patricia Cormier, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters from area residents considered at the Committee's November 4 meeting at which the applicant, Patricia Cormier, appeared in support of the staff recommendation on the condition that a ten-year approval period by Council could be considered; advising that, after considering the matter, the Committee decided to table the application in order to provide the applicant with an opportunity to discuss the possibility of re-zoning a portion of the property (actual mobile home site) with a Section 39 condition; and recommending that Common Council hold the advertised public hearing regarding the re-zoning application for 2117 Loch Lomond Road but make no decision until a further report and recommendation can be made by the Planning Advisory Committee. Ms. Patricia Cormier of 2123 Loch Lomond Road, appearing in support of the application, advised that, basically, the intention was to convey the subject property to her daughter to provide a home for her and her grandfather and, in order to satisfy the requirements of the financial institution, assurance was required that the mobile home would be permitted to remain on the property for a period of up to 10 years, and that the financial institution would be satisfied with a Section 39 resolution prohibiting any mobile home on the property after, for instance, January 1, 2008; and also advised that, at that time or before, it would be her daughter's intent to build a 86-703 COMMON COUNCIL NOVEMBER 10, 1997 home and move the existing mobile home. Ms. Cormier further advised that the mobile home has a long-standing history on the subject property, having been there since 1980; noted that the grounds are well kept and the mobile home is well screened from Loch Lomond Road; and expressed the hope that the mobile home could remain there. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, no decision be made with regard to the application of Wayne and Patricia Cormier for the re-zoning of property at 2117 Loch Lomond Road until a further report and recommendation can be made by the Committee. Mr. Baird noted the options that could be pursued, as outlined in Planning staff's report; and advised that, although at the Planning Advisory Committee's meeting the information with regard to the financial institution's disposition and views was not known, the Committee appeared to be tending toward a recommendation to support a limited approval, both in area and in time frame, as long as the financial institution found that acceptable. Question being taken, the motion was carried. 6(a) Zoning By-Law Amendment 600 Old Black River Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of (1) approximately 1.02 hectares (2.52 acres) of land at 600 Old Black River Road, identified as NBGIC Number 55141204 and portions of NBGIC Numbers 55119184 and 55119176, from "1-2" Heavy Industrial to "1-4" Heavy Industrial Park classification; and (2) approximately 61 hectares (151 acres) of land at 600 Old Black River Road, identified as NBGIC Numbers 424572,340612 and 384545 and portions of NBGIC Numbers 434175,337386, 424564, 370429 and 336198, from "RF" Rural to "1-4" Heavy Industrial Park, to place the lands adjacent to the McAllister Industrial Park into an industrial zone that will facilitate the future expansion of the Park, as requested by Saint John Industrial Parks Ltd., and no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and three letters from area residents considered at the Committee's November 4 meeting at which Mr. Dan LeBlanc, representing the applicant, expressed support for the staff recommendation and one other presentation was made by an area resident; and recommending that Common Council re-zone the following: (a) approximately 1.02 hectares (2.52 acres) of land, also being identified as NBGIC Number 55141204 and portions of NBGIC Numbers 55119184 and 55119176, also shown as Areas "A" and "D" on the submitted Plan 3, from "1-2" Heavy Industrial to "1-4" Heavy Industrial Park classification; and (b) approximately 61 hectares (151 acres) of land identified as NBGIC Numbers 424572, 340612 and 384545 and portions of NBGIC Numbers 434175,337386,424564, 370429 and 336198, also shown as Areas "B" and "C" on the submitted Plan 3, from "RF" Rural to "1-4" Heavy Industrial Park classification. Mr. Dan LeBlanc, representing Saint John Industrial Parks Ltd., appeared in support of the application and in agreement with Planning staff's recommendation; and advised that, further to the Planning Advisory Committee's meeting, Saint John Industrial Parks Ltd. in cooperation with the Province would be submitting a new subdivision plan for the lands in question to address some of the concerns raised at the Committee's meeting. Mr. Richard Turner of Hughes Surveys & Consultants Ltd. spoke on behalf of the Province of New Brunswick in agreement with the application and the Committee's recommendation, and advised that he would be endeavouring to prepare the plans as outlined by Mr. LeBlanc. 86-704 COMMON COUNCIL NOVEMBER 10, 1997 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) approximately 1.02 hectares (2.52 acres) of land at 600 Old Black River Road, also being identified as NBGIC Number 55141204 and portions of NBGIC Numbers 55119184 and 55119176, also shown as Areas "A" and "D" on the submitted Plan 3, from "1-2" Heavy Industrial to "1-4" Heavy Industrial Park classification; and (b) approximately 61 hectares (151 acres) of land at 600 Old Black River Road, also identified as NBGIC Numbers 424572, 340612 and 384545 and portions of NBGIC Numbers 434175, 337386, 424564, 370429 and 336198, also shown as Areas "B" and "C" on the submitted Plan 3, from "RF" Rural to "1-4" Heavy Industrial Park 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 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) approximately 1.02 hectares (2.52 acres) of land at 600 Old Black River Road, also being identified as NBGIC Number 55141204 and portions of NBGIC Numbers 55119184 and 55119176, also shown as Areas "A" and "D" on the submitted Plan 3, from "1-2" Heavy Industrial to "1-4" Heavy Industrial Park classification; and (b) approximately 61 hectares (151 acres) of land at 600 Old Black River Road, also identified as NBGIC Numbers 424572, 340612 and 384545 and portions of NBGIC Numbers 434175, 337386, 424564, 370429 and 336198, also shown as Areas "B" and "C" on the submitted Plan 3, from "RF" Rural to "1-4" Heavy Industrial Park classification, be read a second time. Councillor Trites, President of Saint John Industrial Parks Ltd., made the observation that the new subdivision plan would delete any reference to the road, which has currently been designed and ready for construction, accessing Old Black River Road in a populated area. 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 amendment be received and filed. Question being taken, the motion was carried. 7. Municipal Plan Amendment Part Two And Part Nine Public presentation was made of a proposed Municipal Plan amendment to (a) delete the existing Part Two - Land Use, and Part Nine - Implementation; and (b) adopt a new Part Two - Land Use, and Part Nine - Implementation, to update the Municipal Development Plan by incorporating over 240 previous amendments to the Plan, portions of various studies and strategies, as well as changes to land use patterns which have occurred since 1973 when the current Plan was adopted, as requested by the City of Saint John. 86-705 COMMON COUNCIL NOVEMBER 10, 1997 8. Power Commission - Annual Report Messrs. Don Royal, Chairman; Patrick Riley and Chris Titus, Commissioners; Richard Burpee, General Manager; and Anthony Furness, Acting Manager of Finance and Administration, of The Power Commission of The City of Saint John, were present at the meeting, and Mr. Royal, in highlighting the Commission's previously-submitted 1996 Annual Report, advised that, with the revised contract with the New Brunswick Power Corporation in 1996, there would be a substantial reduction in revenue to cost ratio which would allow the Commission to prepare for the competitive market place of the next century by returning the financial stability enjoyed in the early 1980s. Mr. Royal made the observation that the low debt levels that now prevailed would provide the Commission a competitive advantage when a de-regulated market could demand the utilities to introduce new markets and new services which could require substantial capital investment; and also that the New Brunswick Power contract would allow the Commission to offer the most competitive rates in the Atlantic area, while completing an aggressive capital improvement plan to ensure the integrity of the distribution system. Mr. Royal also advised that the Commission's rate structure continued to be the lowest in Atlantic Canada, with the Commission's residential customers presently enjoying rates 9 per cent lower than those of New Brunswick Power and 22 per cent less than those in Nova Scotia; and noted the Commission's change in trade name from Civic Hydro to Saint John Energy, in 1997. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the 1996 Annual Report of The Power Commission of The City of Saint John be received and filed with appreciation. Question being taken, the motion was carried. 9. Greater Saint John Economic Development Commission (Enterprise Saint John) 1998 BudQet Messrs. David Barry, Secretary-Treasurer of the Greater Saint John Economic Development Commission, and Stephen Carson, General Manager of Enterprise Saint John, were in attendance at the meeting, and Mr. Barry, in presenting the 1998 proposed budget report (copies of which were distributed to Council members at this meeting), noted the October 14 presentation to Council of the Annual Report and highlighted some of Enterprise Saint John's activities in creating an image and environment that is conducive for business and economic growth in the City of Saint John and its efforts in promoting the City as a good place to live and a good place to do business. Mr. Barry, in presenting the Commission's proposed operating budget for 1998 and noting the ongoing discussions for a regional economic development commission, advised that the proposed budget was based on the status quo as if a regional commission were not established; reviewed the budget history from 1994 when its budget amounted to $549,392 to a budget of $450,000 in 1997, the 1998 budget request being an amount of $450,000; and summarized the proposed 1998 budget in terms of the salary and benefits at $178,000, office operations at $55,000, committee projects at $16,000, trade shows/conferences at $14,800, communications at $103,200, and prospect activities at $83,000. 10. Imperial Theatre - Annual Report And 1998 BudQet Consideration was given to a letter from Mr. Jamie Grant, General Manager of Imperial Theatre Inc., submitting a list of performances and events at the Imperial over the last year, not including rehearsals and set-up days for performances, and advising that Mr. Michael Wennberg, President of the Board of Directors, would be making the presentation at this meeting on behalf of Imperial Theatre Inc. Messrs. Michael Wennberg, President of the Board of Directors; Jamie Grant, General Manager, and Peter D. Smith, Assistant General Manager, of Imperial Theatre Inc., were present at the meeting; and Mr. Wennberg reviewed the 1996-97 86-706 COMMON COUNCIL NOVEMBER 10, 1997 events at the Imperial Theatre over the course of the last year, the Theatre's year July 1 to June 30 being consistent with its season or programming, noting the spin-off benefits to the community; and, in addressing finances, advised that a rate structure for local groups from 50% to 2/3 of the normal commercial rate structure, which was deliberately established in keeping with the Theatre's emphasis that local groups could use the Theatre as frequently as possible, unfortunately does cost the Theatre money. Mr. Wennberg, referencing the previously-submitted 1996 and 1997 Financial Statements, made the observation the Theatre's operations ending June 30, 1997 led to a deficit of about $11,353 which, including it with the previous six-month stub year, meant that the Theatre came close to breaking even, although this was directly as a result of a special gift from the Bank of Nova Scotia towards the Theatre's piano fund, thus without this the deficit would have been approximately what it was in the 1995 calendar year of $43,000. Mr. Wennberg explained that the deficit reflects the continuing operating funding shortfall from a number of suburban communities, not from the City of Saint John from which support has continued in accordance with its five-year commitment of $215,000 and, while this last year the Theatre did a bit better in this regard, the funding shortfall was still in the range of $30,000 to $40,000 based on its budgeted needs; apprised Council on the status of the Imperial Theatre Foundation; and, with regard to the 1998 funding requirement request of $321,578 to be submitted to the major facilities commission, advised that about $50,000 of that represents capital reserve that the Theatre would like to establish. Addressing the 10% budget guideline, Mr. Wennberg advised that the Theatre's difficulty in receiving something in the magnitude of a 10% reduction was that it would have only two choices and perhaps really only one choice, in that: (1) it could, in certain instances and part of its professional entertainment series, raise ticket prices in order to increase revenue, which would come at cost and possibly some risk as the Theatre has to be very conscious about its patrons and ticket pricing is a key element of what it has to be concerned about; and (2) it could change the current rental structure for local groups, although that would not be keeping with its mandate of doing everything possible to encourage the active use of the Theatre by local groups, or both of those things could be done. Mr. Grant clarified that the request for funding in the calendar year 1998, with the exception of the capital item, was exactly the same as the request for funding in 1997, the difference being that certain municipalities have not, for a number of years, funded to the requested levels and many have not funded at all and, it was the Theatre's understanding from the information received from the major facilities commission advisory, that it was to submit its 1997 request which is what has been done, with the addition of the capital item which is up for discussion. 11. Uptown Saint John Inc. 1998 BudQet Presentation Mr. Brad Mitchell, President of Uptown Saint John Inc., introduced Messrs. James Russell, Treasurer, Board members Charles Swanton, Colin Whitcomb and Jamie Grant, and Mmes. Eileen Cullen, General Manager, and Eunice Nickerson, Administrative Assistant, and acknowledged Mr. Baird as the City's representative on the Board. Mr. Mitchell outlined activities carried out by Uptown Saint John Inc. during 1997; and asked that, as per Provincial legislation, the City advertise Uptown Saint John Inc.'s budget (which was previously submitted) and, after the appropriate time, approve it. Mrs. Cullen, through an overhead slide presentation, reviewed a definition of an uptown area and long-terms goals and the six key areas which form the basis of Uptown Saint John Inc.'s business plan, as well as what Uptown Saint John Inc. would like to accomplish and the priorities for 1997-1998. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that authority be granted for the necessary advertising with respect to the 1998 budget of Uptown Saint John Inc. It was noted that the intent would be to increase the business improvement levy by one cent to 13 cents. Question being taken, the motion was carried. 86-707 COMMON COUNCIL NOVEMBER 10, 1997 12. Symphony New Brunswick 1998 Grant Request Consideration was given to a letter from Ms. Lisa Lamb, General Manager of Symphony New Brunswick, submitting the budget for the Symphony's 1997/98 season, and requesting financial support from the City of Saint John by way of a grant for $10,000 for the 1998/99 season. Mr. Mack MacKenzie, President of the Board of Directors, accompanied by Ms. Lisa Lamb, General Manager, of Symphony New Brunswick, were present at the meeting, and Mr. MacKenzie addressed the cultural and employment aspect of Symphony New Brunswick; noted the types of corporate sponsorships attracted to the City, giving examples of national firms; and commented on Symphony's community involvement and fund-raising efforts. Mr. MacKenzie advised that Symphony New Brunswick's main goal was with regard to its deficit as it currently is running an $180,000 accumulated debt, the deficit this past year having increased to $39,000; also advised that its target and budget for the 1997-1998 season was to have a surplus of $10,000 that would go against the accumulated debt and, as ticket sales would not accommodate that as only one-third of the costs are covered by ticket sales, the rest has to be generated through corporate donations, municipal grants and fund-raising events; and commented on a goal to increase revenue through mini-subscriptions for the remainder of the year and on fund-raising possibilities. The Mayor noted that the above presentation would be taken under advisement by Council. 13. Mavor's Remarks Mayor McAlary recognized the presence at the meeting of Mr. Lloyd Betts, accompanied by a scout from a local scouting group; and noted November 11 as Remembrance Day. Councillor Waldschutz suggested that Council, as it had been meeting since 4:00 o'clock p.m., should deal with agenda items 18 through 23 at this meeting and postpone the remaining items to another meeting, whereupon the Mayor suggested that Council could continue for another hour and should move along with the agenda. 14. Re By-Law For AII- Terrain Vehicles On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary requesting an update as soon as possible further to Council's consideration on September 22 of a letter from Western Beaches Preservation Society Inc. that Council look into the possibility of establishing a by-law that would prevent all-terrain vehicles from destroying and creating environmental damage to areas surrounding the Western Beaches, as soon as possible as this is becoming a nuisance to the residents in the Western Beaches area -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 15. Ward System V At-Large System For Municipal Election Consideration was given to a letter from Mayor McAlary referring to the meeting on November 6 with The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, and members of her staff, at which time there was discussion on the issue of a ward system versus an at-large system for electing members to the Common Council of the City of Saint John, and to the Minister's suggestion that the City could request Ms. Barbara Landry, Chief Electoral Officer for the Province of New 86-708 COMMON COUNCIL NOVEMBER 10, 1997 Brunswick, to allow the City to have a clear, direct question placed on the election ballot at the next civic election in May 1998 which would allow the citizens to decide on whether they wish to have their municipal council members elected by a ward or an at- large system; and recommending that Council pass a resolution advising The Honourable Ann Breault that it will prepare a direct, clear question on the issue of electing councillors either by a ward or an at-large system to be given to the Chief Electoral Officer for the Province of New Brunswick and further that Council direct the City Manager and City Solicitor to provide the proper wording for the question for Council's approval as soon as possible. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the City Manager and the City Solicitor be requested to provide the wording for a plebiscite question in the above regard for Council's approval. Councillor Brown advised that he would prefer to get on with the ward system and spend the time putting the wards in place. Question being taken, the motion was carried with Councillor Brown voting "nay". 16. Traffic Intersection Montreal Avenue & Bleurv Street And Molson Avenue On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager commenting on the truck routes and on the activity of the Brookville Transport business on Montreal Avenue as a permitted use under the City's Zoning By- Law and as a typical case of incompatible adjacent zoning classification, further to the August 18 presentation to Council regarding traffic at the intersection of Montreal Avenue and Bleury Street and on Molson Avenue; concluding that, as there is no doubt from a review of the appropriate by-laws that the activity in the area would appear to be conformance with legislation, obviously, if trucks are not adhering to such devices as stop signs, or exceeding the speed limits, policing of the area would be appropriate; and recommending that this report be received and filed and a copy be forwarded to Mr. James Wilcox on behalf of the residents for their information -- be received and filed and the recommendation adopted. Councillor Vincent advised that he could not support the above motion as the City should try to take some corrective action which the recommendation would not do. The Mayor noted the City Manager's report to Council about staff having had discussion with representatives of Brookville Transport about the possibility of relocating to an industrial park, and the reference in the above report to a forthcoming transportation study which would address truck routes. Question being taken, the motion was carried with Councillor Vincent voting "nay". 17. Request For Proposal Town Of Grand Bav-Westfield On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council authorize staff to submit a proposal to the Town of Grand Bay-Westfield to provide call taking, dispatching and associated services for its police, fire and ambulance services; and (2) the Grand Bay Fire Department be advised that the City will discontinue the services provided to it by the Public Safety Communications Centre as of December 31, 1997, unless an acceptable agreement for such services is finalized prior to that time. 86-709 COMMON COUNCIL NOVEMBER 10, 1997 Question being taken, the motion was carried. 18. City Market By-Law Amendment Sunday OpeninQ. November 16 Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the City Market By- Law with regard to Sunday opening on November 16, which was given first and second readings on November 3. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to Sunday opening on November 16, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 19. Designation Of Building Inspector For Enforcement ProceedinQs Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By-Laws on November 3 on the grounds that the resolution purporting to authorize the Building Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the property at 407-409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by-laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon B. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garage which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint John, NB, for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. Question being taken, the motion was carried. 86-710 COMMON COUNCIL NOVEMBER 10, 1997 On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by-laws, including the Zoning By-Law and the Building By-Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. 20(a) Appointment Of Deputy Chief of Police (b) Re ActinQ Chief Of Police 20{a) Consideration was given to a report from the City Solicitor, submitting for Council's consideration three resolutions prepared following the November 4 Committee of the Whole meeting, Resolution No.1 which would operate to create a new job description for the Deputy Chief of Police position; Resolution No.2 which would operate to appoint Grenville F. Ingraham to the position of Deputy Chief of Police of the Saint John Police Force for a term of five years commencing at 5:00 p.m. on Friday, November 14, 1997; and Resolution No.3 which would provide for the 86-711 COMMON COUNCIL NOVEMBER 10, 1997 remuneration of the Deputy Chief while Acting Chief. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Chase and Gould voting "nay". Job Description For Deputv Chief Of Police On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the job description for the position "Deputy Chief of Police", as attached to correspondence from the City Solicitor dated November 7, 1997, is hereby approved in substitution for that of "Deputy Chief in Charge of Operations". The motion first proposed was to adopt the recommendation as set out in the City Solicitor's above report and, upon Mr. Nugent's explanation that the resolution stated in his above report inadvertently referenced that the job description was submitted with correspondence from the City Manager, the motion was changed accordingly. Councillor Gould asked if the City's consultant, Perivale + Taylor, had been given an opportunity to examine the submitted job description and if so what the reaction was to it, to which Mr. Totten replied in the negative. The Mayor expressed the view that Mr. Keith Taylor and Mr. Groody should have reviewed the job description. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the above submitted job description be referred for review. Mr. Totten noted that Council had before it a job description that Council asked to have prepared and, as there were currently two previous job descriptions - one for Deputy Chief of Operations and one Deputy Chief - Administration, the submitted job description essentially put those together for Council's consideration, and acknowledged that this was not a job description that Mr. Groody nor Mr. Keith Taylor had been asked to prepare in that it stemmed from Council's direction to him to prepare one for Council to consider in light of the other resolutions in the above report. Question being taken, the referral motion was carried. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that in view of the fact that Council does not have a job description for the position of Deputy Chief of Police, Resolutions No.2 and Resolution No.3 in the above report from the City Solicitor be laid on the table. Question being taken, the tabling motion was carried with Councillors Brown and Gould voting "nay". 20{b) Consideration was given to a letter from the City Manager regarding the considerable public attention given to Council's deliberations with respect to the appointment of an Acting Chief of Police, and advising that he would, with the permission of Council, be prepared to explain to the public the direction given to him by 86-712 COMMON COUNCIL NOVEMBER 10, 1997 Council, the discussions he has had with a number of individuals, and the advice he has given to Council. Deputy Mayor Chase proposed a motion to table the above letter. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the City Manager be given an opportunity to speak. Question being taken, the motion was carried. Mr. Totten explained his role in the above regard and the rationale he used in his approach to Assistant Deputy Chief of Police Grenville Ingraham, following Common Council resolution of October 27, 1997 with regard to the retirement of Chief of Police David Sherwood on November 14, 1997 and a Committee of the Whole meeting of October 29, taking full responsibility for putting the proposal together for Council's consideration which he would justify and defend in terms of what he thought were the objectives of both Assistant Deputy Chief Ingraham and Common Council, and stating that there was no political interference in this matter. The Mayor advised her intent, if Council members spoke on the matter of an appointment to the position which was tabled above, to rule them out of order; and ruled Councillor Arthurs out of order on the basis that her comments did not refer to the item under discussion at this time. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that Council meet in public session at 4:00 o'clock p.m., Wednesday, November 12, 1997 to discuss individuals to become the Acting Chief of Police for the City of Saint John for the next three or four months. The initial motion proposed was that Council meet as soon as possible in Committee of the Whole for the purpose of selecting an Acting Chief of Police. Councillor Trites, in commenting on the publicity of this issue and the fact, in his opinion, that this type of community discussion had infringed to a massive degree on the professionalism and integrity of one of the police officers, proposed an amendment to the above motion, which was seconded by Councillor Vincent, that Council meet on Wednesday at 4:00 o'clock p.m. in public session to determine where to proceed in appointing an interim Chief of Police. The mover and seconder of the initial motion agreed to change the motion accordingly. Councillor Gould, on a point of order, advised that, having indicated his wish to speak under item 20(b) to respond to the City Manager's comments and not having been given that opportunity, he would deal with the above motion providing he was given an opportunity later to comment on item 20(b). Councillor Fitzpatrick expressed concern that Council might not have all the necessary information to meet on Wednesday, as well as about the effect on the morale of the members of the Saint John Police Force. Councillor Brown asked if the City Manager was being instructed to search all avenues possible for people, such as the Solicitor General's Office, Keith Taylor and the Ontario Police Board, noting Deputy Mayor Chase's suggestion of two names; and made the observation that he had never seen a personnel matter handled so badly. The Mayor suggested that names should be submitted to the City Manager prior to the proposed meeting and, in citing the motion, called for the question. Question being taken, the motion was carried with Councillors Brown, Fitzpatrick and Gould voting "nay". 20{b) 86-713 COMMON COUNCIL NOVEMBER 10, 1997 Mr. Totten responded to questions on the process followed in regard to the issue of an Acting Chief of Police and, with regard to the motion to meet in public session on Wednesday, November 12, advised that the Solicitor General's Office and Mr. Keith Taylor would be called and asked to submit names, and that he would have Human Resources' staff go through records to see who on City staff would have the qualifications, and he would present those names to Council to the best of his ability on Wednesday. 21. 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 Monday, November 3, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, the terms of Harry P. Gaunce, Larry S. Armstrong (Irving Group nominee), Charles LeBlond, and Harry S. Mercer (N.B. Tel nominee) on the GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION (ENTERPRISE SAINT JOHN) be extended until the establishment of the proposed regional economic development commission. 2. That as recommended by the Nominating Committee, James Theriault be appointed to the FORT LATOUR DEVELOPMENT AUTHORITY for a term to expire December 1999. 3. That as recommended by the Nominating Committee, J. A. VanWart be appointed to the RECREATION AND PARKS ADVISORY BOARD for a term to expire December 1998. November 10, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Appointments To Greater Saint John Economic Development Commission On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 21.2. Appointment to Fort LaTour Development Authoritv On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 86-714 COMMON COUNCIL NOVEMBER 10, 1997 21.3. Appointment To Recreation And Parks Advisory Board On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 22. 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, November 6, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That Council proceed in the direction of establishing a board of police commissioners. 2. That Council initiate the process of a search for a Chief of Police with the advertisement to indicate that the selection process would be carried out by a board of police commissioners. November 10, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22.1. Establishment Of Police Commission Councillor Trites proposed a motion to adopt section 1 in the above report. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that section 1 of the above report be laid on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Ball, Brown, Chase, Gould, Knibb, Trites and Waldschutz voting "nay". On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that section 1 of the above report be adopted. Councillor Vincent advised that he inadvertently voted in the affirmative on the tabling motion, having been unclear as to the motion on the floor, and Councillor Arthurs advised that she did the same thing as she was in favour of a commission. Question being taken, the motion was carried. 86-715 COMMON COUNCIL NOVEMBER 10, 1997 22.2. Search For Chief Of Police On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Councillor Trites asked if the above motion would now impact on the meeting to be held on Wednesday, November 12, and if the word "permanent" should be inserted in the resolution, to which Mr. Nugent, in expressing the understanding that the Wednesday meeting would be for the purpose of discussing and possibly coming to a conclusion on an Acting Chief of Police and that the above motion would be an expression of Council's intention that the actual selection for a permanent Chief of Police would be conducted by a board of police commissioners, advised that the word "permanent" could be added before the "Chief of Police", although unless the resolution said "Acting" it would necessarily be understood that it was a permanent position. Mr. Nugent made the observation that the Police Act defines the term Chief of Police as including an Acting Chief of Police or an Officer in Charge, thus the Act differentiates between them and, if the language in the above resolution were left as it was, it would not extend to an Acting Chief of Police. The Mayor advised that applications received for the position of Chief of Police would be held and handed over to the board of police commissioners, when established, for selection of the Chief of Police. Councillor Fitzpatrick advised that he would prefer that the above matter be tabled to provide an opportunity to review a report from the City Manager (copies of which were distributed in Committee of the Whole earlier this date) about when a board of police commissioners would be in place, and would like to have information on the cost of a commission and its budget, and the Mayor noted that the document in question would be placed on the agenda for Monday. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Councillor Trites suggested that Council should deal with items 23 and 24 and subsequently adjourn. 23. Planning Advisory Committee Subdivision 86 Thornbrough Avenue And 159 Parks Street Extension On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted subdivision proposal of two residential lots at 86 Thornbrough Avenue and 159 Parks Street Extension, as well as to any required municipal services or public utility easements; and (2) authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work and facilities. Question being taken, the motion was carried. 24. Hughes Surveys & Consultants Ltd. For Corporation 1906 Inc. Amendment To Section 39 Conditions Re-ZoninQ Harbour View & Ocean Drives On motion of Councillor Knibb Seconded by Councillor Trites 86-716 COMMON COUNCIL NOVEMBER 10, 1997 RESOLVED that the application of Hughes Surveys & Consultants Ltd. for Corporation 1906 Inc. for an amendment to the Section 39 conditions of re-zoning of property on Harbour View and Ocean Drives be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, December 22, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk