1998-02-16_Minutes
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COMMON COUNCIL
FEBRUARY 16, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixteenth day of February, AD. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites,
Vincent and Waldschutz
- and -
Messrs. T. Totten, City Manager; P. Woods, Deputy City
Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of
Finance and Commissioner of Corporate Services; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Municipal Operations; W.
Butler, Commissioner of Community Services; W.D. Todd,
Director of Information Technology; J. Baird, Manager of
Community Planning; W. Edwards, Building Inspector; J.
Bezanson, Heritage Planner; G. Tait, Fire Chief; C. Cogswell,
Acting 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 Captain Lisa
Brantfrancis of the Church Army in Canada 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 February 9, 1998, be approved.
Question being taken, the motion was carried.
The Mayor asked that item 6 be moved forward so that the Preservation
Review Board could present its awards at this time.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that item 6 be brought
forward for consideration at this time.
Question being taken, the motion was carried.
6. Preservation Review Boards
Presentation Of HeritaQe Awards
Philip Huggard, Chair, David Hayward and Gaye Kapkin, members of the
Preservation Review Board, were present at the meeting for the Board's presentation of
annual heritage awards.
Mr. Bezanson showed slides of the properties for which 1998 heritage
awards were presented as follows: 19 Harding Street, home of Louise Doiron and
Lawrence Cassidy - residential category; 220 Germain Street, owned by Wayne
Harrison and Ross Leavitt - infill category; and 29 Canterbury Street, the Saint John
Parking Commission's parking lot - institutional category; and also slides of architectural
salvage and events work completed by Heritage Saint John - awareness/event
category; and a series of books on Saint John published by Arcadia Publishing -
scholar/publication category. Ross Leavitt, Dwight Allaby and Richard Smith for the
Parking Commission, Dennis Almost for Heritage Saint John, and Harold Wright for
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FEBRUARY 16, 1998
Arcadia Publishing accepted awards from the Mayor and Mr. Huggard. Mr. Bezanson
presented slides of the winning entries in the heritage puzzle contest in the commercial
category for children in the age group of 5 to 8, and in the residential category for
children in the age group of 9 to 12; and prizes were presented, in the former category,
to first-prize winner Meaghan Higgins of Island View School; and, for honourable
mention, to Eric Hatfield of Princess Elizabeth School; and, in the latter category, to
first-prize winner Sarah Russell of the Saint John Christian Academy, and, for
honourable mention, to Arthur Cormier of Centennial School.
The Mayor asked for Council's consideration at this time of item 5.
5(a) Section 39 Amendment
630 MillidQe Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the resolution adopted by Common
Council on July 5, 1993 pursuant to Section 39 of the Community Planning Act, in order
to consider a revised proposal for a portion of the area identified as 630 Millidge
Avenue (formerly 610 Millidge Avenue), also identified as NBGIC Number 55114128
(formerly the western portion of NBGIC Number 55062251), to permit the establishment
of a gas bar with a second entrance/exit onto Millidge Avenue, as requested by Rocca
Property Management Inc., and 5{c) letters of objection were received from the
Operators of the Millidgeville Irving Convenience, Sylvio Paulin and family, Deborah
McFee, Byron Thomas, Kitty Buschlepp and S. Mehta, and also that a letter was
received from Rocca Property Management Inc. advising that it wished to withdraw its
application to amend the Section 39 zoning of 610 Millidge Avenue to permit a gas bar.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report, approximately 48 letters and 3
petitions with a total of 369 signatures considered at the Committee's February 10
meeting at which the developer made a presentation in support of the proposal for a
gasoline bar and seven other presentations were made by residents in opposition to
the proposal; and recommending that the application be denied.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that Council accept the
withdrawal of the application of Rocca Property Management Inc. for an amendment to
the Section 39 conditions of re-zoning of 630 Millidge Avenue (formerly 610 Millidge
Avenue), as requested by the applicant.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment
(b) Re-ZoninQ 650 Somerset 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 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; and (b) the proposed re-zoning of the same
parcel of land from "RS-2" One- and Two-Family Suburban Residential and "1-1" Light
Industrial to "SC" Shopping Centre classification, to permit the development of an
approximately 53,500-square foot grocery store, as requested by Loblaw Properties
Ltd., and no written objections were received in this regard.
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3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter in favour of the
above application considered at the Committee's February 10, 1998 meeting at which
representatives of the applicant spoke in favour of the application in agreement with the
staff recommendation and answered questions with respect to the traffic impact study,
and the Plant Manager of Lafarge Canada's concrete mixing plant spoke in support of
the proposal; advising that, after considering the report, presentations and letters, the
Committee adopted the staff recommendation with an additional Section 39 condition
requiring the developer's traffic consultant to submit a design for the intersection and of
the main driveway and Somerset Street, including traffic lights, and amended
recommendation 3 to include the possibility that a five-lane configuration may be
required, depending on the final design submitted by the consultant; and
recommending that (1) Common Council amend the Municipal Development Plan by
redesignating on Schedule 2-A of the Plan, from Heavy Industrial to District Centre
Commercial, a parcel of land located at 650 Somerset Street, having a frontage of
approximately 550 feet on the northeast side of Somerset Street and an area of
approximately 5.7 acres, also being NBGIC Number 55030654 and portions of NBGIC
Numbers 50583 and 286047; (2) Common Council re-zone the same parcel of land
from "RS-2" One- and Two-Family Suburban Residential and "1-1" Light Industrial to
"SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of
the Community Planning Act setting out the following conditions:- (a) the developer
must pave all parking areas, loading areas, manoeuvring areas and driveways with
asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped
areas and facilitate proper drainage; (b) adequate site drainage facilities must be
provided by the developer in accordance with a detailed drainage plan, prepared by the
developer and subject to the approval of the Chief City Engineer; (c) all utilities,
including power and telephone, must be provided underground; (d) a concrete curb and
sidewalk meeting City specifications must be installed by the developer along the
Somerset Street frontage of the site (dropped at driveway entrances), together with
necessary asphalt pavement between the edge of the curb and the existing paved
surface of Somerset Street, and the location of the curb and sidewalk shall be as
specified by the Chief City Engineer; (e) curbing of driveway entrances mentioned in (a)
above must extend onto the City right-of-way to join with the new street side curb and
sidewalk; (f) access to the property must be generally as shown on the submitted site
plan, and the exact location of the main driveway must be aligned as closely as
possible with the driveway on the opposite side of Somerset Street; (g) the developer
must install traffic signals at the intersection of the main driveway with Somerset Street
in accordance with specifications of the Chief City Engineer and such signals must be
co-ordinated with the existing signals located at the Churchill Boulevard intersection in
a manner which minimizes delay to traffic on Somerset Street while still meeting traffic
demand during store hours; (h) all areas of the site not occupied by buildings,
driveways, walkways, parking or loading areas must be landscaped by the developer,
and the landscaping must extend onto the City street right-of-way to the edge of the
new sidewalk; (i) the site shall not be developed except in accordance with a detailed
site plan and building elevation plan, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of all buildings, parking
areas, driveways, loading areas, signs, landscaped areas and other site features,
including those listed above, and no building permit will be endorsed by the
Development Officer (except site preparation and foundation) until the required site
plan is approved, and such site plan will be attached to the building permit for the
development; U) all site improvements as shown on the approved site and drainage
plans, except for landscaping, must be completed prior to the opening of the facility for
business, and landscaping must be completed within one year of building permit
approval; and (k) the developer's traffic consultant design the intersection and
proposed traffic lights into the shopping area, and the configuration of the intersection
is to ensure adequate traffic flow and safe turning into and out of the development; and
(3) Common Council undertake to carry out those off-site improvements necessary in
conjunction with the development and which are not included among the developer's
above-noted obligations; namely, improvements to the timing of the traffic signal at
Churchill Boulevard, and widening of Somerset Street to four or five lanes.
Frank Flanagan of FGA Consultants Ltd. of Fredericton, appearing in
support of the proposed re-zoning, advised that FGA Consultants were planners and
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traffic consultants for Loblaws' projects in Atlantic Canada and that he was
accompanied at this meeting by Don Good of FGA Consultants who did the traffic study
associated with this project, as well as Brian Gillis of APM Construction, who prepared
the building plans and elevations submitted with the application and would be
continuing on with the building permits and working with the City's Engineering and
Planning Departments on the construction phases of the project, and that they would
be prepared to respond to questions in this regard. Mr. Flanagan also advised that the
proposed new superstore would replace the existing Terry's Food Warehouse to
provide about 26,000 square feet of new additional space in the market place, this
location selected after looking at several options in the area to serve the existing
customer base in the North End, as well as the growing Millidgeville area; and
expressed the view that, as the area in question was in transition from industrial to
commercial use, the proposed development should be an improvement aesthetically,
being the new market-look store that was getting very favourable reaction, having just
been introduced in Halifax and Truro, with one under construction in Riverview. Mr.
Flanagan confirmed the applicant's agreement with the Planning Advisory Committee's
recommendations.
3{a)12.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
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 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, 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 Ball
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 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, 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 Gould
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 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 RS-2"
One- and Two-Family Suburban Residential and "1-1" Light Industrial to "SC" Shopping
Centre classification, subject to an agreement pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first
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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 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 RS-2"
One- and Two-Family Suburban Residential and "1-1" Light Industrial to "SC" Shopping
Centre classification, subject to an agreement pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, 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 amendments be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council undertake to carry out those off-
site improvements necessary in conjunction with the development at 650 Somerset
Street and which are not included among the developer's obligations as set out in the
submitted report from the Committee; namely, improvements to the timing of the traffic
signal at Churchill Boulevard, and widening of Somerset Street to four or five lanes.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment To
Re-Zone 690 Somerset 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 total area of
approximately 16 acres, located at 690 Somerset Street (NBGIC Numbers 415539,
415547,52357 and 55030647 and a portion of NBGIC Number 50583), from "RS-2"
One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to
recognize the existing use of the site for sand, gravel, aggregate and related operations
and to permit the future development of industrial uses and/or expansion of existing
adjacent industrial uses, as requested by Spectrum Enterprises Ltd., and no written
objections were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and one letter in favour of the
proposed re-zoning considered at the Committee's February 10 meeting; and
recommending that Common Council re-zone a parcel of land with a total area of
approximately 16 acres, located at 690 Somerset Street (NBGIC Numbers 415539,
415547,52357,55030647 and a portion of NBGIC Number 50583), from "RS-2" One-
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FEBRUARY 16, 1998
and Two-Family Suburban Residential to "1-1" Light Industrial classification.
Bruce Dowd of 102 Parklawn Court, a principal in the Spectrum
Enterprises Ltd. company, appeared in support of the application and, in advising that
he was in favour of the Committee's recommendation, offered to respond to any
concerns or questions in this regard.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land with a total area of approximately 16 acres, located at 690 Somerset Street
(NBGIC Numbers 415539,415547,52357,55030647 and a portion of NBGIC Number
50583), from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial
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 Ball
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land with a total area of approximately 16 acres, located at 690 Somerset Street
(NBGIC Numbers 415539,415547,52357,55030647 and a portion of NBGIC Number
50583), from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial
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 Fitzpatrick
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
7. Mavor's Remarks
Mayor McAlary expressed condolences to the family and friends of the
late Bill Walton, a recently-retired 26-year employee of the City's Recreation and Parks
Division, who passed away earlier this date following a lengthy illness. The Mayor
proclaimed February 15 to 22 to be Scout and Guide Week in the City of Saint John;
and read two news releases, one with regard to the ceremony to be held on February
17 at which time the governance of the Saint John Police Force would be officially
handed over from Common Council to the new Board of Police Commissioners, the
other concerning the number of visitors to the City of Saint John during 1997, according
to statistics compiled by the Visitor Information Centres at Highway #1 West, Reversing
Falls, Market Square and Barbour's General Store.
(Councillor Fitzpatrick withdrew from the meeting.)
Mayor McAlary advised of a forthcoming visit to the City by a Chinese
delegation from the City of Quant Ihou, Republic of Fuijang.
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* Added Item
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that item 17 on the Committee
of the Whole agenda of this date, being a report from the City Solicitor regarding a
response to proposed resolutions of the Fundy Region Solid Waste Commission, be
added to the agenda of this meeting for consideration as item 16A.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
Homage was paid to the late Lyman F.D. Purnell, Q.C., who passed
away on February 9; and best wishes were extended to the members of the Provincial
Championship Ladies Curling Rink skipped by Kathy Floyd in their pursuit of the
Canadian Championship at the Tournament of Hearts in Regina.
(Councillor Vincent withdrew from the meeting.)
8. Appointment To Harbour
Station Commission
Read a letter from Mayor McAlary advising of the Town of Rothesay's
appointment of Mr. Peter Klohn as its representative on the Harbour Station
Commission, as indicated in the submitted copy of a letter from the Town of Rothesay,
and of the necessity for Council to pass a resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that Mr. Peter Klohn,
nominee of the Town of Rothesay, is hereby appointed to the Harbour Station
Commission, to fill the vacancy created by the resignation of a former member, the
term of such appointment expiring on December 17, 1998.
Question being taken, the motion was carried.
9. StrateQic Plan For City
Consideration was given to a letter from Councillor Ball submitting a
motion, as requested by the tabling motion at Council's February 9 meeting, on the
matter of the establishment of a strategic plan.
(Councillor Vincent re-entered the meeting.)
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that the above matter be
taken from the table for consideration at this time.
Question being taken, the motion was carried.
On motion of Councillor Ball
Seconded by Councillor Arthurs
RESOLVED that Council direct the City
Manager in conjunction with Ernst & Young to bring to Council, before the end of
February, a work plan incorporating all relative initiatives and priorities essential to
establishing a strategic thinking and action plan for the City of Saint John, with the
creation of the plan to include: (a) formation of a team as outlined in the Ernst & Young
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report of October 1997 addressing the four key priorities identified during the strategic
planning session in September 1997; (b) retaining outside specialist staff to assist in
the plan as required; and (c) drafting a mission statement and action plan targeted for
completion by April 30, 1998.
In response to the Mayor, Councillor Ball clarified that the outside
specialist staff referred to above would be whomever the City Manager and Ernst &
Young decided would be helpful in making the plan work; and, with regard to Councillor
Ball's indication that nothing specific had been done to determine the cost factor
involved with what the motion was proposing, Councillor Trites suggested that some
type of referral to determine that might be appropriate at this time. Councillor Gould
suggested that Council needed to know what the motion, if passed, would accomplish,
what it would commit Council to do, and the cost involved, and expressed the view that,
during his years around Council, ninety per cent of the plans produced by consultants,
costing the City hundreds of thousands if not millions of dollars, were useless.
Councillors Fitzpatrick and Arthurs also questioned the cost involved; and the Mayor
spoke on the basis of being realistic about what this Council, in the few remaining
months of its term, could do, suggesting that Council should work on developing the
four priorities set in September 1997. Councillor Vincent, referencing (c) above,
expressed the view that Council, if not satisfied with the content of the current mission
statement, could change it, without the need for consultants or experts to come in to do
it, and that there were far too many questions with regard to the motion that were not
answerable at this time. Councillor Waldschutz asked why Council would want to do a
strategic plan when it was this far along in its term, and why Council would want to re-
invent or modify an existing plan as it was going out. Councillor Brown, speaking in
support of the motion, made the observation that the motion proposed was to have
brought back to Council a work plan of finishing the job Council started back in
September. Councillor Trites suggested that the motion could be to direct the City
Manager to bring to Council, as soon as possible, a work plan incorporating all relative
initiatives and priorities essential to establishing a strategic thinking and action plan for
the City of Saint John and, upon Councillor Ball's indication that he would agree to the
suggested amendment to the motion, the Mayor asked if it were the intent to amend the
motion.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager to bring to Council, as soon as possible, a work plan
incorporating all relative initiatives and priorities essential to establishing a strategic
thinking and action plan for the City of Saint John.
Councillor Brown suggested that all that was needed in the initial motion
was to add reference to the inclusion of the full costing of the strategic planning
process, and that Ernst & Young's involvement was needed.
Question being taken, the referral motion was carried with Councillor
Brown voting "nay".
10. Communication Services
MusQuash Fire Department
Read a report from the City Manager referring to Council's consideration
on January 12 of a report concerning communication services provided to Grand Bay,
and submitting an agreement with respect to communication services to the Musquash
Fire Department.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted agreement between the
Department of Municipalities, Culture and Housing for the Province of New Brunswick
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FEBRUARY 16, 1998
and the City of Saint John, relative to communication services provided to the
Musquash
Fire Department, subject to a final review of the document by the Legal Department as
to form, and authorize the Mayor and Common Clerk to execute the agreement on
behalf of the City.
Question being taken, the motion was carried.
11. Fire Escape 71-73 Sewell Street
Consideration was given to a report from the City Solicitor advising that,
as according to the Building Inspector's advice a steel fire escape and deck assembly
was constructed and attached to the property at 71-73 Sewell Street without a building
permit and the owner has not provided a compliance certificate from an engineer
following an order issued by the Building Inspector to the owner to provide him with a
certificate of compliance with the National Building Code of Canada, the Building
Inspector wishes to make an application to the Court for an order which require the
owner, Mega Investments Inc., to provide him with a certificate from a professional
engineer as to whether or not the fire escape at 71-73 Sewell Street meets the Code
and which would also require the owner to carry out any work which might be needed
to meet the Code; and submitting a resolution which would be in order if Common
Council wished to give Mr. Edwards such authority.
On motion of Councillor Waldschutz
Seconded by Councillor Fitzpatrick
RESOLVED that Building Inspector
William Edwards is hereby designated and authorized to make an application to the
Court of Queen's Bench for an order which would: (1) require Mega Investments Inc. to
provide to Building Inspector William Edwards a certificate from a professional engineer
wherein the engineer either confirms that the steel fire escape and deck assembly
attached to its building at 71-73 Sewell Street, Saint John, N.B. (NBGIC Parcel Number
38521) meet the requirements of the National Building Code of Canada, or confirms
that they do not meet the Code and sets out the work needed to meet the Code; and
(2) require Mega Investments Inc. to carry out any work which may be needed to bring
the steel fire escape and deck assembly into compliance with the Code.
Question being taken, the motion was carried.
12. 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, February 9, 1998, 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 adopt the
submitted Human Resources Policy #807(POL), regarding principles for salary
administration for non-union employees.
February 16, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
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12.1. Human Resources Policy #807(POL)
Salarv Administration Non-Union Emplovees
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Councillor Waldschutz advised his intent to vote "nay" on the motion as it
was not right in principle, and Mr. Totten advised that the total cost in the above regard
would be in the vicinity of $6,000.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
13. Solicitor General - Appointment
To Board Of Police Commissioners
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Solicitor
General Jane Barry advising of the appointment of Anne Marie McGrath as the
Provincial representative to the Saint John Board of Police Commissioners; and
congratulating Common Council on the establishment of a new Police Commission --
be received and filed and Council wish Ms. McGrath well in her appointment to the
Board of Police Commissioners.
Question being taken, the motion was carried.
14. Shirley J. Fifield - Resignation
From Aquatic Centre Commission
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Shirley J.
Fifield resigning from the Saint John Aquatic Centre Commission -- be received and
filed and Council accept Ms. Fifield's resignation and thank her for her service to the
City of Saint John.
Question being taken, the motion was carried.
15. J. Malcolm Burns - Petition
Re 945 Old Black River Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Waldschutz
RESOLVED that the letter from J.
Malcolm Burns submitting a petition from the majority of residents of Cottage Road and
Old Black River Road regarding the recent request for re-zoning of the property located
at 945 Old Black River Road; and asking Common Council to consider a temporary
operating permit which would facilitate the operation to continue and the re-zoning
process to begin again -- be received and filed and Mr. Burns be advised of the Zoning
By-Law provisions for reapplication following denial of re-zoning.
Councillor Knibb asked if it were possible for the applicant of the re-
zoning in question to appeal to the Planning Advisory Committee, to which Mr. Nugent
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FEBRUARY 16, 1998
advised that there was a provision in the Zoning By-Law which spoke of the Planning
Advisory Committee being able to authorize, for a temporary period not longer than a
year, a development that was not otherwise permitted, and that provision might have
application to the circumstances at hand and, if the owners of the property wished, they
could pursue that possibility directly with the Committee, not with Council.
Question being taken, the motion was carried.
16. Cities Of New Brunswick Re
Resolution Submission Deadline
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the memorandum from the
Cities of New Brunswick Association advising of the March 6 deadline for submitting
resolutions to the Association's Winter/Spring meeting to be held on March 21 in Saint
John -- be referred to the City Manager.
Question being taken, the motion was carried.
16A. Council's Response To Proposed Resolutions
OF Fundv ReQion Solid Waste Commission
Read a report from the City Solicitor advising that he prepared this report
as a result of what appeared to be some uncertainty, during Council's discussion at its
February 9 meeting of the advice given by the Fundy Region Solid Waste Commission
respecting a proposed resolution to the Commission to apply for authorization to borrow
money, as to whether or not Council had any capacity to approve or disapprove of the
proposed resolution and, by extension, whether or not Council could influence the vote
of its appointee to the Commission; referring to his report to Council in May 1997 on the
subject of the independence of a member of a regional solid waste commission, as well
as to a requirement of the Clean Environment Act for written advance notice of the
Commission's intention to consider certain subjects being given to participating
municipalities; and expressing the view that a council can be relatively confident that its
views on the subject of budgets and borrowing will be reflected in the vote of its
appointee and, obviously, the same opportunity does not exist with respect to the vote
of its appointee on subjects of which the council receives no advance notice.
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that the above report from
the City Solicitor be received and filed.
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk