1997-11-24_Minutes
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COMMON COUNCIL
NOVEMBER 24, 1997
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-fourth 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. Butler,
Commissioner of Community Services; J. Baird, Manager of
Community Planning; D. Logan, Purchasing Agent; J. Bezanson,
Heritage Planner; G. Tait, Fire Chief; C. Cogswell, Acting Chief of
Police; A Martin, 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 Tim Davidson
of the Saint John Vineyard Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on November 17, 1997, be approved.
Question being taken, the motion was carried.
Awards Re Santa Claus Parade
Mayor McAlary called upon Ms. Anne Merzetti, Chairman of the 1997
Santa Claus Parade Committee who announced the award-winning participants in the
1997 Parade to whom the Mayor presented awards as follows: Honourable Mention -
Carleton Community Centre Cheerleaders, Carleton Kirk Lodge, Cherry Brook Zoo,
Hazen White-St. Francis School Cheerleaders, Irving Oil, 2nd Lakewood Beavers,
Russel Metals Inc., and the Saint John A TV Club; Best Association Entrv - Courtenay
District Scouts Canada; Best CheerleadinQ Entrv - St. Vincent's High School; Best
Commercial Entrv - Saint John Energy; Best HiQh School Entrv - Simonds High School;
Best Individual Entrv - Freeman Iceton and Nickerson; Best Industrial Entrv - Saint John
Port Corporation; Best MarchinQ Band - #9 RCSCC Rodney/Saint John Branch Navy
League; Best Out Of Town Entrv - David and Gloria Nice; Best Theme Entrv -
Courtenay District Scouts Canada; Best Twirlers - Fundy Twirl Frame; Chairman's
Choice - Harbour View High School; Best Float - Simonds High School.
3. Municipal Plan Amendment
Re 650 Somerset Street
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at
650 Somerset Street (NBGIC Number 55030654 and portions of NBGIC Numbers
50583 and 286047), having a frontage of approximately 550 feet on the northeast side
of Somerset Street and an area of approximately 5.7 acres, from Heavy Industrial to
District Centre Commercial classification, to permit re-zoning of the parcel of land from
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NOVEMBER 24, 1997
"RS-2" One- and Two-Family Suburban Residential and "1-1" Light Industrial to "SC"
Shopping Centre classification, and the subsequent development of an approximately
53,500-square-foot grocery store, as requested by Loblaw Properties Ltd.
4. Preservation Review Board
1997 Annual Review And
1998 Activities & BudQet
Consideration was given to the Preservation Review Board's 1997
Annual Review, 1998 Synopsis of proposed activities, and 1998 budget proposal.
Messrs. Philip Huggard, 1 st Vice Chair, and Harold Wright, member of
the Preservation Review Board, were present at the meeting. Mr. Bezanson, through a
slide presentation, provided an overview of the significant accomplishments of the
heritage program in 1997, estimated at over $1 million in construction and
development, in maintenance and repair on woodframe and masonry buildings, both
commercial and residential, and highlighted the Board's activities; and advised that
currently in Saint John there were approximately 1000 buildings designated as heritage
buildings and, with regard to the approximately 8,000 pre-1945 buildings which
Statistics Canada has indicated the City has, the Board has undertaken a challenge to
find a way that these buildings can contribute to the unique image of Saint John without
the administrative requirements of designation. Mr. Bezanson compared property
assessments over the past 15 years, since the Preservation Area has been in place,
indicating that City-wide the assessment has taken a bit of a dip in the last 5 years,
while the Trinity Royal area continues to shoot upward, and also compared commercial
property values of buildings not designated to those designated on King Street
between 1995 and 1997 which indicate a decline by 12% and an increase by 9%,
respectively. Mr. Huggard commented on the Board's Capital Budget request of
$100,000 to cover the mini, major and design grants; and, with regard to the Board's
1998 budget request of $23,200, advised that the only way the Board could realistically
reduce its budget by 10% to $20,900 would be in the community outreach area by a
reduction from $5,000 to $2,700.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the Preservation Review
Board's 1998 Operating and Capital Budgets be referred to the budget process.
Question being taken, the motion was carried.
5. Fundy Region Development Commission Inc.
Annual Report. Quarterly Reports. 1998 BudQet
Consideration was given to a letter from Mr. James Balcomb, General
Manager of Fundy Region Development Commission Inc., submitting the Commission's
1 st and 2nd Quarterly reports for the period April 1 , 1997 to September 30, 1997, the
1996-1997 Annual Report, and the 1998-1998 budget request.
Messrs. Neil McKelvey, Chairman, and James Balcomb, General
Manager of Fundy Region Development Commission Inc., were present at the meeting
and Mr. McKelvey highlighted the Commission's Annual and Quarterly Reports, and,
referring to the Province's proposal to restructure the regional economic development
commissions in the Province and particularly to Economic Development and Tourism's
proposal for the Fundy Region which would result in each commission receiving
$250,000, under the Federal-Provincial Co-Operation Agreement, representing
$750,000 for Southern New Brunswick compared to an approximate $280,000 and an
amount for special projects currently received, advised that the Board's position is that
the Fundy Region should not be broken up because of its community of interest and
the general satisfaction of the work done and that the Counties of St. John, Charlotte
and Kings are better off working together. With regard to the Commission's budget
request for 1998-1999, Mr. McKelvey made the observation that, because of the
announced revamping of the economic development commissions, the Commission
was asked by the City to present a budget based on the current situation assuming that
the Fundy Region Development Commission would remain as it is for the next year;
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NOVEMBER 24, 1997
noted the difference in the City's fiscal year from that of the Commission; and
requested a contribution of $47,250 from the City for the fiscal year 1998-1998,
representing a 10% reduction over last year's contribution of $52,500. Mr. McKelvey
also advised that there was agreement on the establishment of three commissions for
each of Kings, Charlotte and the Greater Saint John area but that the commissions
work together and coordinate their activities in one administrative centre which,
obviously, should be in Saint John, so as to cut down on administration and overhead
and allow more economic development officers to be put in the field; and also that
there was a suggestion put forward at a meeting with the mayors of the area that the
possibility should be explored of expanding the activities of Enterprise Saint John to
include the whole area, which would have to be done totally with municipal financing
because the Cooperation Agreement does not cover marketing and seek-and-find
activities.
The Mayor advised that the Commission's budget needs would be
referred to the budget process.
6. Lord Beaverbrook Rink
Annual Report & 1998 BudQet
Consideration was given to a letter from Messrs. Delvan O'Brien,
Chairman of the Board of Trustees, and David Nicholson, Manager, of the Lord
Beaverbrook Rink, submitting the Financial Statements for the year ended December
31, 1996, and the 1998 budget request, along with a request to the City of Saint John
for an amount of $7,699 to cover the additional deficit incurred by the Lord
Beaverbrook Rink for the year ended December 31, 1996, resulting mainly from the
revenue generated in the operation of the canteen being $5,000 less than anticipated
and the revenue from vending machines and advertising being under budget by $800,
as well as the total operating expenses being $1,000 higher than forecast.
Messrs. D. O'Brien, Chairman; and Gordon Thorne, Treasurer of the
Board of Trustees, and David Nicholson, Manager, of the Lord Beaverbrook Rink, were
present at the meeting; and Mr. O'Brien, noting the reasons for the additional deficit of
$7,699, made the observation that the 1997 budget deficit figure was actually
increased by $6,000 to $102,000 and that it appeared as if the Rink would be very
close to meeting its objective for 1997. Mr. O'Brien, referring to the proposed 1998
budget of $102,118, commented on the possibility of a 10% budget reduction of
$10,200 on the basis that an increase in revenue by that amount, unless all of the
arenas in the City and surrounding area increased their rental fees by a like amount,
would result in a loss of business to other facilities because existing customers would
have a cheaper rate than they do now, and the Board feels it has little or no control on
major expenses related to heat, power, water and sewerage; and expressed the view
that a decrease in staff would result in curtailing the Rink's program through reduced
hours of operation and a shorter season.
The Mayor advised that the Lord Beaverbrook Rink's budget request
would be referred to the budget process.
7. Harbour Station Commission
1998 BudQet Proposal
Mr. Paul Meier, Chairman of the Harbour Station Commission,
introduced Mr. William Nugent, Secretary-Treasurer of the Commission; Howard
Crosley, General Manager, and John Warrington, Director of Finance, of Harbour
Station; and Mr. Nugent, referring to Harbour Station's previously-submitted 1998
operating budget proposal, provided an overview of 1997 in terms of the event days
hosted and a change in the parking rate structure and, with regard to 1998, advised
that budgeted event days and event revenue was projected to increase from 1997,
there would be continued emphasis on building improvements and ongoing
maintenance, and that the Province's decision to waive property tax on municipally-
owned arenas would result in a reduction of Harbour Station funding requirements by
$180,000, while the union situation and the status of contract negotiations with the
Saint John Flames has resulted in some uncertainty with regard to the 1998 budget.
Mr. Nugent reviewed the 1998 projected event days and attendance, as well as the
1998 operating budget request of $115,000, and noted the request to spend up to
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NOVEMBER 24, 1997
$100,000 from the Ticket Surcharge Fund on
capital equipment and improvements to the facility, as well as an additional capital
budget approval of $525,000 for a Harbour Station outdoor marquee, pending funding
from the Province of New Brunswick and/or sufficient advertising revenue.
The presence at the meeting of Mr. John Correia, a member of the
Harbour Station Commission, was noted, and the Mayor made the observation that, by
the time the City got back to the Commission on its 1998 budget presentation, Harbour
Station would probably be under a regional facilities commission.
8. Mavor's Remarks
Mayor McAlary noted the presence earlier in the meeting of members of
the 8th Courtenay Saint James Scout Troop who were working on their citizenship
badge; proclaimed November 28 to December 6 as White Ribbon Week in the City of
Saint John; encouraged citizens to support CBC and the Saint John Port Corporation's
fund-raising effort for the food banks in the City; and advised that, further to Common
Council resolutions of November 10, 1997 with regard to a board of police
commissioners that would in turn select a new Chief of Police for the Saint John Police
Force, that there was discussion in Committee of the Whole earlier this date on the
procedure in this regard during which time Council moved to engage Mr. Keith Taylor of
Perivale + Taylor to facilitate the process of advertising and eventually assisting Council
to select individuals for a new board of police commissioners for the Saint John Police
Force and, in turn, to commence advertising for a new chief of police for the Saint John
Police Force; and read a resolution which she requested be adopted at this meeting.
Re Board Of Police Commissioners
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the board of police
commissioners to be established by Common Council be comprised of seven members,
one of whom shall be appointed by the Solicitor General, five of whom shall be
appointed by Common Council, and one of whom shall be the Mayor or a person
designated by the Mayor, all in accordance with the provisions of the Police Act, with
the annual remuneration to be $3,500 for the Chairman, and $1,500 for the remaining
members.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that copies of the
correspondence from the New Brunswick Chamber of Commerce, Connors Bros.,
Limited, Mount-Batten Properties Limited, Lantic Sugar Limited, and Brett Chev. Olds.
(copies of which were forwarded to Council members as information items), be added
to the agenda of this meeting for consideration as item 8A
Question being taken, the motion was carried.
*8A. Correspondence Re
City's Tax Rate
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the copies of
correspondence to the Mayor from the New Brunswick Chamber of Commerce,
Connors Bros., Limited, Mount-Batten Properties Limited, Lantic Sugar Limited, and
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NOVEMBER 24, 1997
Brett Chev Olds. in support of no tax increase for 1998 -- be received and filed and
Council regard them with due diligence as it approaches the budget process.
Question being taken, the motion was carried.
9. Tender For Uniforms
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender for the supply of Fire Department uniforms be awarded to
the low tenderer in each case, as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
10. HIP Applications #47-49
The Mayor asked that the three Housing Incentive Program applications,
which were the subject of the City Manager's report and recommendation, be
considered separately.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council approve Housing Incentive Program application
#47 - Manford M. Thompson Construction Company Limited for an estimated grant of
$47,600 for the development of 7 townhouse units on Alderwood Street.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve Housing Incentive Program application #48 -
Walter Vincent for an estimated grant of $163,000 for the development of 17 single-
family units on Woodward Avenue.
The Mayor advised that she would not support the above motion
because Mr. Vincent, the developer, has not improved the road which is in bad
condition and, in her opinion, he should be more responsible in doing so. During
discussion Mr. Baird confirmed that the above application meets the criteria for HIP
funding and monies under the Housing Incentive Program would not be expended until
construction takes place, thus performance is required prior to monies being expended
on this Program; and Mr. Robichaud advised that he was aware of the situation with the
road and, while he did not consider it to be a public safety issue when he drove over it
two weeks ago, if it came to a situation of it being a public safety issue, Mr. Vincent
would be directed to do the work within a certain period of time and, if he did not do it,
the City would carry out the work and charge Mr. Vincent for it; in other words, Mr.
Vincent would be required to maintain that street through the winter, free of potholes, at
his expense, and the City's maintenance employees would keep the City advised
relative to the situation and he would have it checked again in the very near future.
Question being taken, the motion was carried with the Mayor and
Councillor Gould voting "nay".
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council approve Housing Incentive Program application
#49 - PMK Holdings Ltd. for an estimated grant of $110,000 for the development of 11
single-family units on Manawagonish Road.
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COMMON COUNCIL
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Question being taken, the motion was carried.
11. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, November 17, 1997,
when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Trites and Waldschutz, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the City Manager, Common Council: (a)
rescind ratification of the earlier letter of agreement with C. U. P. E. Local 18, approved
by Common Council on August 18, 1997 (submitted as Appendix A); (b) ratify the letter
of agreement with C.U.P.E. Local 18 (submitted as Appendix B); and (c) authorize the
Mayor and Common Clerk to execute this letter of agreement on behalf of the City.
November 24, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
11.1. Letter Of Agreement With C.U.P.E.
Local 18 Re Health & Dental Plans
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
12. Preservation Review Board
Re Election Of Officers
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from the
Preservation Review Board advising that the following slate of officers was elected at
the November 12, 1997 Board meeting: Philip Huggard - Chair, Valerie Evans - 1st Vice
Chair, and Harold E. Wright - 2nd Vice Chair -- be received and filed.
Question being taken, the motion was carried.
13. Planning Advisory Committee
Re-ZoninQ 2117 Loch Lomond Road
Consideration was given to a report from the Planning Advisory
Committee regarding the application of Wayne and Patricia Cormier for the re-zoning of
property at 2117 Loch Lomond Road, for which the public hearing was held on
November 10 with no decision made pending a further report and recommendation
from the Committee; advising of the Committee's further consideration of the matter at
its November 18 meeting at which the applicant, Patricia Cormier, expressed support
for the draft resolution prepared by Planning staff and the landowner indicated that the
financial institution had no objection to reducing the area to be re-zoned and the
Section 39 condition that would require that a one-family dwelling be constructed on the
site by January 1, 2008; and submitting a recommendation in this regard.
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COMMON COUNCIL
NOVEMBER 24, 1997
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately
0.4 hectares (1 acre) of land situated at 2117 Loch Lomond Road, being the southern
portion of 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, pursuant to Section 39 of the Community Planning Act requiring the
construction of a one-family dwelling on the site by January 1, 2008, 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 Waldschutz
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning
approximately 0.4 hectares (1 acre) of land situated at 2117 Loch Lomond Road, being
the southern portion of 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, pursuant to Section 39 of the Community Planning Act
requiring the construction of a one-family dwelling on the site by January 1, 2008, be
read a second time.
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.
14. Planning Advisory Committee
Subdivision 401 Old Black River Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended
by the Planning Advisory Committee, Common Council (1) assent to the submitted
subdivision proposal with regard to 401 Old Black River Road and to any required
municipal services and public utility easements; and (2) authorize the preparation and
execution of a City/Developer subdivision agreement to ensure provision of the
required work and facilities.
Question being taken, the motion was carried.
15. Fundy Region Solid Waste Commission
1998 Capital And OperatinQ BudQets
Consideration was given to a letter from Mr. Daniel S. Harrigan,
Chairperson of the Fundy Region Solid Waste Commission, submitting, for Council's
review pursuant to section 15.7(1) of the Clean Environment Act, a copy of the
Commission's Capital and Operating Budgets for 1998, and also an analysis of the
projected capital expenditures for the Crane Mountain landfill; and advising that the
Commission would be voting to adopt these budgets on December 18, 1997.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
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COMMON COUNCIL
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RESOLVED that Council authorize its
representative on the Fundy Region Solid Waste Commission, Councillor Sterling
Brown, to support the Commission's Budgets for 1998 as submitted.
Councillor Knibb, in proposing the above motion, suggested that
Councillor Brown should be invited to comment. Councillor Vincent advised that he
would have preferred a motion to refer the budget to the City Manager as is done with
all other budgets, and advised his intent to vote against the motion as it would mean a
marked departure from the processing of referring budgets to the City Manager. In
response to the Mayor's query as to whether or not City staff had reviewed the budget,
Mr. Totten advised that Mr. Beckett had met with Coopers & Lybrand, the Commission's
financial advisors, at which time he received satisfactory answers to his questions;
however, upon seeing this item on the agenda of this date, it was his thought that, in
the normal course of events, it would be referred to staff following which Mr. Beckett
would communicate in writing to Council on the questions he had asked and which
were raised. Mr. Totten asked Mr. Beckett if there was anything of concern about
which he would hesitate in having Council deliberate on at this time, to which Mr.
Beckett replied in the negative and advised that the budget submitted for the upcoming
year was a fair representation of the Commission's needs, and the concerns he raised
with the City Manager were more related to future operations and the ability of the
Commission to reach the balance on its waste diversion program and the landfill
operations as there is a finite limit to how far tipping fees could be raised and the
Commission would be facing a significant challenge to fund its waste diversion program
with its limited resources.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager for analysis and a recommendation to Council at its next
meeting.
Question being taken, the referral motion was carried.
16. Eric L. Teed - Disposal Of
Three Islands In ReversinQ Falls
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mr.
Eric L. Teed advising that he read with interest the proposal by the Saint John Port
Corporation indicating that it was prepared to dispose of the three islands in the
Reversing Falls; and suggesting that the City should undertake immediate discussions
with the Port Corporation on the feasibility of acquiring these lands for development of
a tourist attraction -- be referred to the City Manager.
Question being taken, the motion was carried.
17. Knights Of Columbus Council 937
Nativitv Scene In KinQ's Square
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the Knights
of Columbus Council 937 requesting permission to place a Nativity Scene in King's
Square, and asking for direction on how to proceed, since the unit requires electrical
hook-up from Civic Hydro when the City's own Christmas decorations are installed -- be
received and filed and permission be granted.
Question being taken, the motion was carried.
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18. Philip J. Lee Re
Crane Mountain Landfill
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Rev.
Philip J. Lee referring to the four requests in his letter considered by Council on
October 27, and asking again for clear responses -- be referred again to the City
Manager and the Fundy Region Solid Waste Commission to respond to the questions.
Mr. Totten advised that, further to the October 27 referral of the first
letter to the City Manager and the Fundy Region Solid Waste Commission, staff
contacted the Commission which very much views this information as something it
should be dealing with and the Commission has advised that it would forward a copy of
its response, when made, to Council.
Question being taken, the motion was carried.
19. Saint John Arts Council, Inc. Re
Saint John Jazz And Blues Festival
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Saint John
Arts Council, Inc., requesting financial assistance in the amount of $4,500 to enable it
to present the third annual Saint John Jazz and Blues Festival in July 1998 -- be
referred to the budget process.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk