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1997-12-08_Minutes 86-746 COMMON COUNCL DECEMBER 8, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of December, 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; A. Beckett, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; C. Cogswell, Acting Chief of Police; R. Simonds, Deputy Fire Chief; 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 Waldschutz RESOLVED that minutes of the meeting of Common Council, held on December 1, 1997, be approved. Question being taken, the motion was carried. Mayor McAlary welcomed to the Council Chamber Anne Fawcett who, further to Council's endorsement on November 20, 1995 of the idea of a public sculpture in the region, in noting that the sculpture "The Kennebecasis" was in place as planned for August 1996 coincidental with the 150th anniversary of The Great Race by the Saint John Paris Crew, thanked Council for its endorsement of the project, and presented to the Mayor, as a memento, an Arts Atlantic Magazine featuring an article about the sculpture. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 115-123 Hazen Street 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 115-123 Hazen Street (NBGIC Numbers 15412, 15420, 15156,55119689 and 55119697), having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, from Major Institutional to District Centre Commercial classification; and (b) the proposed re- zoning of the same parcel of land from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, to recognize the use of the existing buildings at 115 Hazen street and 123 Hazen Street for business office purposes, and to permit the establishment of a cafe and a portrait studio within these existing buildings, as requested by Mr. Tony Richard, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's December 2 meeting at which the applicant expressed agreement with the staff 86-747 COMMON COUNCIL DECEMBER 8, 1997 recommendation and no other persons attended; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Major Institutional to District Centre Commercial classification, a parcel of land located at 115-123 Hazen Street, having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, being NBGIC Numbers 15412, 15420, 15156, 55119689 and 55119697; and (2) re-zone the same parcel of land from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification. 3{a) On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 115-123 Hazen Street (NBGIC Numbers 15412, 15420, 15156,55119689 and 55119697), having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, from Major Institutional to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 115-123 Hazen Street (NBGIC Numbers 15412, 15420, 15156,55119689 and 55119697), having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, from Major Institutional to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 3{b) 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 a parcel of land located at 115-123 Hazen Street (NBGIC Numbers 15412, 15420, 15156, 55119689 and 55119697), having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, from "RM-IF" Multiple Residentiallnfill 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. 86-748 COMMON COUNCL DECEMBER 8, 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 a parcel of land located at 115-123 Hazen Street (NBGIC Numbers 15412, 15420, 15156, 55119689 and 55119697), having a frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on Charles Street, and a total area of approximately 34,300 square feet, from "RM-IF" Multiple Residentiallnfill To "B-2" General Business classification, 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 1724-1726 Rothesay Road And 13 Clairmont Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land with a frontage of approximately 33 metres on Rothesay Road and approximately 44 metres on Clairmont Street, and having an area of approximately 1444 square metres, located at 1724-1726 Rothesay Road and 13 Clairmont Street (NBGIC Numbers 296723 and 55003727), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to permit the establishment of a restaurant, beauty parlour/barber shop, bakery and/or delicatessen, as requested by Mr. Wayne D. Northrup, 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 Planing staff's report, two letters in favour and two letters in opposition to the proposal, which were considered at its December 2 meeting at which the applicant indicated that, due to the servicing problems identified by the Public Health Services Branch, he felt that he would have to wait until such time as City sewers are extended before undertaking his proposal, and the Committee tabled the application in order to permit the applicant to pursue the matter of sewage disposal technology that might be acceptable to the Public Health Services Branch; and recommending that Common Council table the application to permit the applicant an opportunity to investigate alternative methods of sewage disposal technology which may be acceptable to the Public Health Services Branch. Mrs. P. Johnson of 24 Clairmont Street appeared in opposition to the above application and, in expressing appreciation to Mr. Northrup for cleaning up the area concerned which had been an eyesore for some time, advised that she would like the area, in which there are small children, to remain residential and quiet; and expressed concern about noise in that there was already noise from traffic and other things with the removal of a buffer of trees that had been in place for some time, and that the proposed business would devalue the homes on the street. Mrs. Johnson also advised that she would have no problem with an apartment at the subject location; and asked Council not to allow the development to happen and to consider the people living there. 86-749 COMMON COUNCIL DECEMBER 8, 1997 A motion was proposed by Councillor Knibb and seconded by Councillor Vincent to adopt the Planning Advisory Committee's recommendation to table the application, such motion subsequently withdrawn so as to allow for Council members to speak on the matter. Councillor Trites, in noting the Planning Advisory Committee's recommendation, suggested that the first question should be whether or not Council would approve the application in that, if Council were of a mindset not to approve it, it would not make much sense to put the applicant through the process of sewage disposal approval. The Mayor made the observation that there could be a motion to table the application until Council received information back from the Committee or there could be a resolution to deny the application. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that Council accept Planning staff's recommendation that the application of Mr. Wayne D. Northrup for the re-zoning of 1724-1726 Rothesay Road and 13 Clairmont Street be denied. Councillor Knibb advised that he would be in favour of the proposed re- zoning if an arrangement could be made over the sewage disposal because Mrs. Johnson, when she spoke so positively and caringly about Clairmont Street, overlooked the fact that the only access to this particular proposed business would be from Rothesay Road in that, as indicated in Planning staff's report, the proposed commercial development will have no vehicular access to and from Clairmont Street, and he made the observation that Rothesay Road has a mixture of both residential and commercial uses. On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Wayne D. Northrup for the re- zoning of property at 1724-1726 Rothesay Road and 13 Clairmont Street, be laid on the table to permit the applicant an opportunity to investigate alternative methods of sewage disposal technology which may be acceptable to the Public Health Services Branch. Question being taken, the tabling motion was carried with Councillor Gould voting "nay". 5(a) Zoning By-Law Amendment To Re-Zone 1099 Kennebecasis Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of two parcels of land located at 1099 Kennebecasis Drive (NBGIC Numbers 49450 and 55005565), containing a total of approximately 377 feet of street frontage along Kennebecasis Drive and a total area of approximately 7.2 acres, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service and "P" Park classification, to develop a new sewage treatment plant in the front portion of the property and to place the rear portion in a zone classification that reflects the present use, as requested by the City of Saint John, 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, two letters in support of and two letters in objection to the above application which were considered by the Committee at its December 2 meeting at which no one appeared to speak on the matter; and recommending that Common Council re-zone approximately 2.91 hectares (7.2 acres) of land at 1099 Kennebecasus Drive (NBGIC Numbers 49460 and 55005565), having 115 metres (377 feet) of street frontage along the northwest side of Kennebecasis Drive, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service classification for the front portion of the property and "P" Park for the rear portion of the property, as illustrated on the submitted plan. 86-750 COMMON COUNCL DECEMBER 8, 1997 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2.91 hectares (7.2 acres) of land at 1099 Kennebecasis Drive (NBGIC Numbers 49460 and 55005565), having 115 metres (377 feet) of street frontage along the northwest side of Kennebecasis Drive, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service classification for the front portion of the property and "P" Park classification for the rear portion of the property, 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 Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2.91 hectares (7.2 acres) of land at 1099 Kennebecasis Drive (NBGIC Numbers 49460 and 55005565), having 115 metres (377 feet) of street frontage along the northwest side of Kennebecasis Drive, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service classification for the front portion of the property and "P" Park classification for the rear portion of the property, 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. 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. 6(a) Zoning By-Law Amendment To Re-Zone 661 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 1600 square metres (17,223 square feet) of land situated at 661 Manawagonish Road (NBGIC Number 33068), being at the intersection of Orange Street West and Manawagonish Road, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the establishment of a sign and engraving business, as requested by Mr. Dwight Hazen Cummings, 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 considered at the Committee's December 2 meeting at which the applicant expressed support for the staff recommendation but indicated that the suggested site improvements (i.e. an asphalt parking lot with concrete curbing) would be difficult to undertake at the present time and requested that the suggested improvements not be made a condition of approval but instead he would be prepared to develop the parking lot with a crushed limestone surface; advising that, after discussing the matter, the Committee moved the staff recommendation with two changes, including an additional year for the proponent to undertake site improvements and requiring security in order to enure that the site work was completed and which would require a Section 39 agreement; and recommending 86-751 COMMON COUNCIL DECEMBER 8, 1997 that Common Council re-zone approximately 484 square metres (5,210 square feet) of land situated at 661 Manawagonish Road, being at the intersection of Orange Street West and Manawagonish Road and also identified as the northern portion of NBGIC Number 33068, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act that would require: (a) the site to be developed in accordance with a detailed site plan, subject to the approval of the Development Officer, indicating an asphalt parking area with poured-in-place concrete curbing and required landscaping between the parking area and adjacent residential property; (b) a drainage plan be submitted for the approval of the Chief City Engineer indicating the method of facilitating proper drainage of the site; (c) no building permit for the change in use to be endorsed by the Development Officer until the plans mentioned in (a) and (b) have been approved; (d) the site improvements indicated in the plans must be completed within two years of the building permit approval; and (e) the proponent deliver security, in a manner acceptable to the City and equal to the Chief City Engineer's estimate, for the required site work illustrated in the above site and drainage plans prior to the Development Officer endorsing the required building permit, and remain in effect until all the site work is completed. Mr. Dwight Cummings, appearing in support of his application, advised that, having discussed during the past week the Planning Advisory Committee's recommendation with respect to a two-year completion and the delivery of security, there would be no point in getting an extension of a year if he had to put up a security bond because that would tie up his credit; therefore, he would rather complete the site improvements in one year; and also advised that he agreed with everything else in the Committee's recommendation. Councillor Knibb asked if, in the event Council removed the security requirement on the assumption that the applicant would do the site improvements in one year, the applicant would commit himself to that requirement, to which Mr. Cummings indicated in the affirmative in that he was committed to the area and improving the area and would have no problem with that. Councillor Trites, in proposing the following motion, clarified that he was doing so on the basis of Planning staff's recommendation, giving the applicant one year without the security bond. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 484 square metres (5,210 square feet) of land situated at 661 Manawagonish Road, being at the intersection of Orange Street West and Manawagonish Road and also identified as the northern portion of NBGIC Number 33068, from "R-2" One- and Two- Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by Planning staff, 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 Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 484 square metres (5,210 square feet) of land situated at 661 Manawagonish Road, being at the intersection of Orange Street West and Manawagonish Road and also identified as the northern portion of NBGIC Number 33068, from "R-2" One- and Two- Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by Planning staff, be read a second time. 86-752 COMMON COUNCL DECEMBER 8, 1997 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 Trites RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 7(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 2304 Ocean Westwav The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1979 re-zoning to "1-1" Light Industrial classification of a parcel of land located at 2304 Ocean Westway (NBGIC Number 55007074), to permit an additional sign to be placed on the front of the building, measuring approximately four feet by thirty-five feet, as requested by Coastal Enterprises Ltd., and no written objections were received in this regard. 7{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its December 2 meeting at which Mr. Broderson appeared on behalf of Misty Harbour Seafood and Mr. McLellan appeared on behalf of Atlantic Signs Ltd. and the applicant indicated that both signs were very important to the business; and recommending that Common Council amend the Section 39 conditions imposed on the 1979 re-zoning to "1-1" Light Industrial classification of a parcel of land located at 2304 Ocean Westway (NBGIC Number 55007074), by amending condition (e) to permit a maximum of 16 square metres (172 square feet) of signage to advertise Misty Harbour Seafood, on condition that: (1) if the business is no longer in use, the signage is to be removed from the property; and (2) no mobile signs are to be placed on the property. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1979 re-zoning to "1-1" Light Industrial classification of a parcel of land located at 2304 Ocean Westway (NBGIC Number 55007074), by amending condition (e) to permit a maximum of 16 square metres (172 square feet) of signage to advertise Misty Harbour Seafood, on condition that: (1) if the business is no longer in use, the signage is to be removed from the property; and (2) no mobile signs are to be placed on the property. Question being taken, the motion was carried. 8(a) Zoning By-Law Amendment To Re-Zone 388 & 396 Russell Hill Road The Common Clerk advised that the necessary advertising was completed with regard to re-zoning (a) approximately 492 square metres (5,300 square feet) of land situated at 338 Russell Hill Road, being at the intersection of River Hill Drive and Russell Hill Road and also identified as the western portion of NBGIC Number 55122634; and (b) approximately 558 square metres (6,006 square feet) of land at 396 Russell Road (NBGIC Number 55120125), from "R-1A" One-Family Residential to "R-2" One- and Two-Family Residential classification, to permit the construction of semi-detached dwellings on the above-mentioned lands, as requested by Mr. Peter 86-753 COMMON COUNCIL DECEMBER 8, 1997 Robichaud, and no written objections were received in this regard, and also that a letter was received from Mr. Peter Robichaud advising that he no longer wished to pursue this application (copies of which were distributed to Council members at this meeting). 8{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 December 2 meeting at which the developer, Mr. Peter Robichaud, expressed an objection to the staff recommendation to deny the application; and recommending that the application be denied. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Mr. Peter Robichaud for the re-zoning of land at 388 and 396 Russell Hill Road be withdrawn, as requested by the applicant. Question being taken, the motion was carried. 11. Mayor's Remarks Mayor McAlary extended condolences to the family and friends of Mr. Fred Miller who passed away on December 2, the late Mr. Miller having been employed by the City of Saint John as a Recreation Supervisor at the Carleton Community Centre, and also to the family and friends of Mr. Charles Whelly, Q.C., who passed away on December 6, and noted that the late Mr. Whelly had served on Common Council from 1948 to 1950. The Mayor thanked the organizations, members of City staff and the outside workers for their involvement in the Mayor's Tree Lighting Ceremony on December 7; and asked citizens to, when shovelling snow from their walkways and driveways, not deposit it on City streets and sidewalks. Note was made of Mr. David Carlin's recent return from Melbourne, Australia, where he had presented an abstract on behalf of the Atlantic Health Sciences Corporation which, in conjunction with NBTel, has put the City of Saint John at the cutting edge of tele-medicine. A message of condolence was also expressed on the December 1 death of Mr. Charles (Chuck) Robertson, a retired Saint John Fire Fighter. 12. ManaQement Issues Consideration was given to a letter from Councillor Arthurs urging Council to freeze all management wages during 1998 in order to address the budget issue by setting a good example thereby showing leadership until the City's financial problems are corrected, and also to freeze the movement of senior management from one classification level to the next level in order to gain more pay, and ask that the wages of other management levels also be frozen and that the City enter into discussions with its unionized workers in respect to a pay freeze as well. The letter also asks Council to extend this management freeze to include re-written job descriptions and to decide at this time that Council cannot afford to give senior management pay increases for performance appraisals; and concluding that senior management must learn to work well together with all employees through example of good leadership in order to turn the City back into good budget health and growth, and Council cannot accept no less. It was noted that a revised letter from Councillor Arthurs was distributed to Council members in Committee of the Whole earlier this date. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the above letter be referred to budget. 86-754 COMMON COUNCL DECEMBER 8, 1997 The Mayor expressed reluctance to get involved in this issue in that she did not understand some of the statements in the letter and would need clarification to some extent. The Mayor acknowledged Councillor Trites point of order that debate on a referral motion could only be on the question of referral, whereupon Councillor Trites called for the question on the above motion. Councillor Knibb expressed the view that the letter should not be referred but should be rejected. Question being taken, the motion was carried with the Mayor, Deputy Mayor Chase and Councillors Gould and Knibb voting "nay". 12A. Re Rules Of Order Read a letter from Councillor Fitzpatrick advising that he would like the opportunity to discuss with Council the rules of order with regard to an individual speaking once to a motion; and suggesting that, having discussed this with the City Solicitor, Mr. Nugent would release a report to him as well as the rest of Council and, upon its receipt, he would clarify his position and put forward a motion for debate. On motion of Councillor Fitzpatrick Seconded by Councillor Waldschutz RESOLVED that Council request the City Solicitor to give to each member of Common Council a copy of his internal memo to his file that he has prepared regarding the subject matter in the above letter. Councillor Fitzpatrick made the observation that the document prepared by the City Solicitor would have to be requested by Council as it could not be given to Council members on an individual basis, and confirmed that it would be the intent for the City Solicitor to come back to Council as an item on the Council agenda for debate. Question being taken, the motion was carried. 13. Tender For Rental Equipment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the provision of rental equipment, for a period of one year from the date of award by Common Council, be awarded to the lowest tenderer(s) in each case as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Extension Of Agreement For BankinQ Services Consideration was given to a report from the City Manager advising that the Bank of Nova Scotia, with which the City has a five-year agreement for banking services that expires on December 31, 1997, has approached the City with an offer to extend the current arrangement for a one-year period to December 31, 1999, and recommending that Council approve this extension. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the extension of the current banking services agreement with the Bank of Nova Scotia for a one-year period commencing January 1, 1998. Question being taken, the motion was carried. 86-755 COMMON COUNCIL DECEMBER 8, 1997 15. Agreement With Yerxa Sports Camp For Rental Of Stu Hurley Arena Read a report from the City Manager advising of staff's receipt of a request from Yerxa Sports Camps to lease the Stu Hurley Arena for an 88-day period in 1998, between July 12 and October 8, and that this proposal, if accepted. would see a City arena operating during the period when schools are closed for the summer; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council consent to enter into an agreement with Mr. John Yerxa (Yerxa Sports Camps) for rental of the Stu Hurley Arena under the terms as outlined in the submitted Schedule 1 (dated December 8, 1997), and further that the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 16. Follow-Up Re Letter From River Road Concerned Citizens Committee On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager citing Common Council resolution of November 17, 1997 regarding the River Road Concerned Citizens Committee's letter submitting copies of correspondence to the District Medical Health Officer (Region 2) regarding toxic leachate at the Crane Mountain landfill; and advising that Dr. Monir Taha's office was contacted and the submitted information was supplied to the City Manager which are the responses to Mr. David Bowen -- be received and filed. Question being taken, the motion was carried. 17. Follow-Up Re Letter From From Rev. Philip J. Lee On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager submitting, further to Council's consideration on October 27 to a letter from Rev. Philip J. Lee posing four questions with regard to the Crane Mountain landfill City Manager, a copy of the response to the four questions from the Fundy Region Solid Waste Commission; and, to help Council understand the response, a copy of the thirteen Environmental Impact Assessment approval conditions required by the Department of the Environment -- be received and filed and a copy be forwarded to Rev. Philip Lee. Question being taken, the motion was carried. 18. April 1, 1997 Common Council Resolution Re Synchronized SwimminQ And Naval Tattoo Consideration was given to a report from the City Manager referring to Common Council resolution of April 1, 1997 relative to the 1997 Canadian National Synchronized Swimming Championships and the 1997 Naval Tattoo, the intent being to provide financial assistance to the event organizers in the situation that their events suffered a loss and, through the provisional grant, the City was indicating its support and providing a level of comfort to the organizers; and expressing the understanding 86-756 COMMON COUNCL DECEMBER 8, 1997 that both the events were successful in all respects, including financially, therefore the provisional grants approved by Council will not be required. The report explains how an unexpected situation required $9,012.25 in additional cost for the Synchronized Swimming Championships when it was determined shortly before the event that the lighting levels at the Canada Games Aquatic Centre were too low for the taping and television broadcasting of the synchronized swimming; advises that staff has been in contact with a representative of the local host committee who indicated that the committee would be prepared to equally share the additional expense of providing the lighting and would like the Canada Games Aquatic Centre, Synchro Canada and the City to participate as well and, if a four-way split were agreeable, then each party would pay $2,252.56; and submits a recommendation which, if adopted, would mean that only $2,252.56, rather than $10,000, would be allocated from the unspecified grant fund. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (1) Common Council resolution of April 1, 1997 approving grants for the 1997 Canadian National Synchronized Swimming Championships and the 1997 Naval Tattoo be rescinded; (2) the City of Saint John agree to pay to the Canada Games Aquatic Centre $2,252.56 as a one-quarter share of the additional expense to provide increased lighting for the Canadian National Synchronized Swimming Championships, with such monies to be allocated from the unspecified grant budget; and (3) Common Council acknowledge the effort of the local host committees of both the 1997 Naval Tattoo and the Canadian National Synchronized Swimming Championships in staging successful events in all aspects, particularly the financial aspect, such that the grants as originally intended and approved by Common Council were not required. Question being taken, the motion was carried. 19. Amendment To July 25, 1994 Common Council Resolution Re Acquisition OF CPR Spur Between Fairville Boulevard & ThrouQhway Consideration was given to a report from the City Manager advising that, further to Common Council resolution of July 25, 1994 approving the acquisition of a portion of the CPR Spur between Fairville Boulevard and the Throughway, Canadian Pacific Railway (CPR) has been unsuccessful in its efforts to sell the remaining discontinued spur line which it still owned to other adjoining land owners and, as the City is using the area it had previously agreed to purchase, this purchase should be finalized; also advising that staff estimates that it will cost $150 per year in property taxes to carry the additional parcel which CPR has agreed to include in this sale; however, the City should be in a better position to market the land to adjoining property owners and expects the land to be sold within two years; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council amend its resolution of July 25, 1994 approving the acquisition of a portion of the CPR Spur between Fairville Boulevard and the Throughway, whereby approval is given to purchase approximately 60,967 square feet of land from Canadian Pacific Railway for a lump sum price of $12,700, plus an additional payment of $1,829 for previously-agreed upon survey work, and authorize the payment of a $2,000 deposit. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 9. Canadian Federation Of Independent Business 86-757 COMMON COUNCIL DECEMBER 8, 1997 Mr. Stephane Robichaud, Director of Provincial Affairs - N.B. and P.E.1. of the Canadian Federation of Independent Business, was present at the meeting further to Council's invitation of November 17, 1997 to address Council on behalf of the Canadian Federation of Independent Business and, referring to a prepared brief (copies of which were distributed to Council members at this meeting), advised that this presentation by the Federation represented the first to a city council in Atlantic Canada; and, from the perspective of business owners, put forth several reasons to help explain why, over the years, there has not been more job creation provided by small business. Mr. Robichaud apprised Council of the results from the CFIB's members in Saint John of a survey conducted through 1,652 in-person interviews with Atlantic business owners during the third and fourth quarters of 1996 which asked the members to rate the performance of their local government on the level and distribution of property taxes, value for money of local spending, control of public sector wage levels, fairness of by- laws and regulations, and overall awareness of small business issues; and recommended that the City of Saint John: (1) establish a process which would identify areas of improvement in order to eliminate hurdles to business; (2) move to establish and/or communicate the City's long-term plan in order for all stakeholders to participate; and (3) look at rationalizing expenditures rather than increasing taxes. The Mayor thanked Mr. Robichaud for his presentation and he responded to questions in the above regard. 10. The Market Square Corporation 1998 BudQet Presentation Consideration was given to a letter from The Market Square Corporation submitting a copy of the 1998 operating budgets for the Corporation, the Market Square Parking Garage and Market Square. Messrs. Joel Levesque, Chairman; Stephen Clarke, Vice Chairman; Charles Swanton, Director, and Mrs. Theresa Ellefsen, Administrator, of The Market Square Corporation, were present at the meeting, and Mr. Levesque outlined the Corporation's work plan as the freehold owner, subject to the Urban Renewal Sites Trust, of the lands and premises comprising the Market Square development and its responsibilities as Head Lessor; advised, having in the fall of 1996 been tasked with the responsibility of waterfront development, of the Corporation's anticipation that a waterfront strategy would be a priority for the 1998 year and of its current negotiations with the Province with respect to a Bay of Fundy Interpretation Centre project. Mr. Levesque also advised of the Corporation's effort to substantially reduce its budget for the 1998 year, presenting at this time a budget which was a 51 per cent reduction for the 1998 operating grant request of $64,000, versus $130,000 in 1997, resulting from project completions and the decrease in staffing level as evidenced by a drop of approximately $85,000 in the operating expenses; and explained that the expectation of a rise in other expenses in the amount of $16,000 represented an increase to legal fees budgeted to reflect changes to the Head Lease with respect to the introduction of the NB Museum into the Market Square Complex and various other outstanding issues, as well as an allowance for landscaping upgrading in the residential park. During his response to questions in the above regard, Mr. Levesque confirmed The Market Square Corporation's relocation from the 12th floor of City Hall to the 7th floor until appropriate space becomes available somewhere else in City Hall at some future date, and it was noted that the Corporation was in the process of changing its name to the Saint John Development Corporation. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the 1998 budget presentation on behalf of The Market Square Corporation be referred to the budget process. Question being taken, the motion was carried. 86-758 COMMON COUNCL DECEMBER 8, 1997 20. Proposal For Water StrateQV On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the proposal of Godfrey Associates Ltd., with Hargrave & Burdick, Environmental Inc., Porter Dillon Limited, and W.H. Gates Utility Consultants Ltd. be accepted with regard to a water strategy for the City of Saint John, and the Mayor and Common Clerk be authorized to execute an appropriate contract document. Question being taken, the motion was carried. 21. Appointment Of ActinQ Chief Of Police Consideration was given to a report from the City Manager advising that, as requested, staff has reviewed the education and training records of Mr. Clarence Cogswell to ascertain whether or not he had graduated from a training course(s) comparable to the Police Science Program at the Atlantic Police Academy as referenced in the Qualifications Regulation under the Police Act and, as can be seen from the submitted information, Mr. Cogswell has an extensive array of training and education and, when compared to the syllabus for the required Police Science Program, it could be surmised that Mr. Cogswell's training and education far surpasses that offered in that particular program; also advising that, to eliminate any doubts that anyone might have and to ensure the appointment of Mr. Cogswell as Acting Chief of Police can be without question, staff would recommend that Common Council reappoint Mr. Cogswell as Acting Police Chief for the City of Saint John, and the City Solicitor has prepared the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Clarence (Butch) Cogswell is hereby appointed Acting Chief of Police of the Saint John Police Force, with such appointment to continue until the appointment of a new Chief of Police or the earlier termination of the "Acting" appointment by the civic authority: AND FURTHER BE IT RESOLVED that while Acting Chief of Police Clarence (Butch) Cogswell be paid Step 1 of Group 9. During discussion in the above regard, Councillor Brown advised his intention to vote against the above motion as he did not believe Council followed the proper process, and Councillor Gould shared this concern. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". 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 Monday, December 1, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 86-759 COMMON COUNCIL DECEMBER 8, 1997 1. That as recommended by the City Manager, the proposal of Telexis Corporation, in the amount of $166,344 (plus tax), be accepted for the supply of a new computer system for the Saint John Police Force Intelligence Unit, and that staff be authorized to finalize contract negotiations and the Mayor and Common Clerk be authorized to execute the execute the necessary contracts. 2. That Common Council hereby abolishes the position of Director of Engineering of the City of Saint John effective Monday, December 29, 1997 and further authorizes payment to Mr. Stuart J. Armstrong, the incumbent, of an amount equal to eighteen (18) times his current gross salary, plus the lump sum of Ten Thousand ($10,000) Dollars to provide for future health and dental benefits, in addition to the normal retirement allowance and other established retirement entitlements, and the aforesaid payment is to be made, at the incumbent's discretion, in one or more instalments but in any event not later than June 30, 1998. December 8, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22.1. Proposal For Computer Automation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 22.2. StaffinQ Issue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 23. Greater Saint John Economic Development Commission - Structure For Regional Economic Development Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Greater Saint John Economic Development Commission (Enterprise Saint John) expressing its support, in principle, of the proposed framework that the Advisory Committee has agreed to for one economic development commission in Greater Saint John -- be received and filed. Question being taken, the motion was carried. 24. The Market Square Corporation Presentation To Saint John Port Corporation's Land Use HearinQ On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Market Square Corporation submitting a copy of its presentation to the Saint John Port Corporation's Land Use Hearing, and advising of its expectation to be in a position to announce a major waterfront study in conjunction with the Port Corporation and other 86-760 COMMON COUNCL DECEMBER 8, 1997 partners in the near future -- be received and filed. Question being taken, the motion was carried. 25. Solicitor General In Support Of Establishment Of Police Commission On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Solicitor General Jane Barry expressing support for Council's recent decision to establish a police commission for the City of Saint John Police Department, as well as in naming an interim Police Chief who, she understands, supports the recommendations of the Perivale + Taylor audit report; and offering the services of the Policing Services Branch in the development of criteria and a process for the selection of a police commissioners for whom, once selected, her Department was ready with a training package -- be received and filed. Question being taken, the motion was carried. 26. Minister Of Municipalities, Culture And HousinQ Re Unconditional Grant On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, informing Council of the cancellation of the expected final phase of fiscal reductions in the Province's unconditional grant to municipalities which would mean a reprieve of $5 million for municipalities in the 1999 budget year, providing Council with a more stable environment in which to plan its budget -- be received and filed and a letter be forwarded to Minister Breault expressing appreciation for her work in terminating cuts to the unconditional grant. (Councillor Arthurs withdrew from the meeting.) Question being taken, the motion was carried. 27. Saint John Co-Op Supply - Request For Crosswalk On Fairville Boulevard On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Saint John Co-Op Supply addressing a concern about the speed in which traffic proceeds along Fairville Boulevard and the lack of a safe means for pedestrians to cross this very busy street; and requesting that a crosswalk be made available in this area -- be referred to the City Manager. Question being taken, the motion was carried. 28. New Brunswick Police Association Re PolicinQ Services On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from the New Brunswick Police Association expressing concern that legislation brought in by the Provincial Government would remove the duly-elected municipal councils from all policing services and that the Provincial Government would take over municipal policing by entering into an agreement with the Federal Government for municipal RCMP services; and, in appealing to Council to take whatever action necessary to return 86-761 COMMON COUNCIL DECEMBER 8, 1997 democracy to New Brunswick, requesting the municipality to take legal action in this regard -- be referred to the City Manager and the City Solicitor for examination of the new legislation and a teach-in with Council. Councillor Knibb initially proposed a motion, which was not seconded, that Council receive and file the above letter and reaffirm its support for the Association's attitude that it is the municipality's decision as to how policing shall be performed in the municipality. Question being taken, the motion was carried. 29. NBTel - Potential Property Tax Increase On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the letter from W.H. Steeves, Vice President and Chief Financial Officer of NBTel, expressing concern that the 1998 budget process may result in Council's decision to increase municipal property taxes significantly, and urging Council to vigorously explore all other revenue generation and cost containment strategies before increasing property tax rates -- be referred to the City Manager and the budget. Question being taken, the motion was carried. 30. Jessica Vihvelin - Ban On Circuses With Animals On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Miss Jessica Vihvelin submitting letters and cards received by her in support of a ban on circuses with animals -- be referred to the City Manager and the City Solicitor. Councillor Knibb's initial motion, which was not seconded, was to receive and file the above letter with thanks, whereupon the Mayor noted the September 29 referral of this issue to the City Manager and the City Solicitor. Deputy Mayor Chase asked that the Common Clerk contact Miss Vihvelin to obtain a copy of the video in this regard for Council's viewing. Question being taken, the motion was carried. 31. Millidgeville Community Centre Advisory Board - Budget For Part- Time Staff At Community Centres On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Raymond F. Glennie, Chairman of the Millidgeville Community Centre Advisory Board, commenting on the suggestion that $80,000 be cut from the proposed budget for the City's Community Services Department by way of eliminating the salaries for part-time staff at community centres with the thought that local community groups could fill the void with volunteers; and requesting that the $80,000 for part-time staff at community centres be left in the budget -- be referred to the budget. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites 86-762 COMMON COUNCL DECEMBER 8, 1997 RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk