1998-02-23_Minutes
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COMMON COUNCIL
FEBRUARY 23, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of February, A. D. 1998, at 4:00 o'clock
p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Trites
and Vincent
- and -
Messrs. 1. 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; J. Baird, Manager
of Community Planning; S. Lodhi, Manager of Real Estate and
Facility Management; D. Logan, Purchasing Agent; 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 offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on February 16, 1998, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary advised that the Provincial legislation for the creation and
operation of a Greater Saint John Regional Facilities Commission has been passed
and was expected to receive Royal Assent by the first of March, and that Council
members would receive a copy of this legislation at a later time. The Mayor noted the
forthcoming Annual Skate With The Flames fund-raising event at Harbour Station on
March 1 in support of the Learning Exchange, as well as the opening in the City earlier
this date of the new Centracare facility; and advised of the anticipated opening on
February 25 of the Bargain Shop in the City's Uptown area in the former Woolworth's
Store location, and the kick-off of ticket sales for the World Curling Championship at
the Thistle-St. Andrews Curling Club also on that date. Mayor McAlary also advised of
a picket fence fund-raising event for the Turner-Brewer Memorial Park project in the
City's South End, and proclaimed March 1998 to be National Kidney Month in the City
of Saint John, the latter which was addressed by Marjorie Milner, Vice President of the
Saint John Chapter of the Kidney Foundation, who distributed to the Council members
a fact sheet and statistics on kidney disease, organ donor stickers and a blue ribbon in
promotion of organ donation.
Re North Korean Famine
Mayor McAlary welcomed to the Council Chamber Jordan Arsenault of
Saint John High School and Jim Grant of St. Malachy's Memorial High School who
addressed Council regarding the North Korean Famine, reading in turn from a
previously-submitted brief outlining the Schools' fund-raising efforts for World Vision's
North Korean relief program and referring to the World Food Programme's Special Alert
No. 277 (copies of which were included in a file folder distributed to the Council
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members at this meeting by the presenters).
3A. Timing Of Committee
Of The Whole MeetinQs
Read a letter from Mayor McAlary noting that, during the past few weeks,
the Committee of the Whole meetings commencing at 4:00 p.m. have had only two or
three items on the agenda; and suggesting that, for the remainder of this term, there
should be flexibility in the commencement time of the Committee of the Whole
meetings so that, if the agenda is short, the meetings can be commenced accordingly.
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that, for the remainder of
this Council term, there be flexibility in the commencement time of the Committee of the
Whole meetings so that, if the agenda is short, the meetings can be commenced
accordingly.
Question being taken, the motion was carried.
4. Establishment Change - Foreman
& Gardener/Arborist Positions
Consideration was given to a report from the City Manager advising of a
vacant Foreman position in the Recreation and Parks Division of the Community
Services Department due to a retirement and that, to reflect the changing nature of the
work in this Department and to comply with the Local 18 collective agreement, each
position is reviewed as it becomes vacant to determine current and future needs; and
also advising that, as staff resources become smaller and the demands on resources
continue to rise, it is necessary to change the structure of the workforce to suit that
demand and that CUPE Local 18, although its concurrence is not required, agrees with
the proposed Establishment change to delete one position of Foreman and add one
position of Gardener/Arborist.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that the position of Foreman
be deleted from the Establishment and one position of Gardener/Arborist be added to
the Establishment.
Question being taken, the motion was carried.
5. Establishment Change - Staffing Administrator
And Human Resources Administrator Positions
Read a report from the City Manager advising of the staff complement in
the Human Resources Division of Corporate Services and of staff's proposal to delete
the position of Staffing Administrator from the Establishment and replace it with a
second Human Resources Administrator position to allow for a better level of service,
with each incumbent cross-trained and responsible for a more complete range of
human resource duties and responsibilities, allowing them to be used interchangeably
and resulting in better coverage during vacation and other leave periods, as well as
reflect the City's commitment to ensure the highest level of customer service to its
customers at all times.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, the position of Staffing Administrator be deleted from the Establishment
of the City of Saint John and replaced by a second Human Resources Administrator
position.
Question being taken, the motion was carried.
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6. Tender For Collection Of
Residential Solid Waste
Consideration was given to a report from the City Manager advising that,
under the agreement due to expire at the end of February 1998 for the collection of
residential solid waste, the contractor charges the City a flat fee on a per-household-
per-year basis for each house in the zones awarded and the landfill then bills the City
at a rate of $57/tonne for every tonne of waste hauled on the City's behalf by the
contractors and that, under this type of arrangement, the City is left unprotected as
there is nothing in the contract that provides the City any assurances that the garbage
being hauled across the scales is the City's responsibility and Crane Mountain is not
obliged to inspect each load in order to determine ownership; also advising that, to help
address this situation, the bidders on the recent tender for collection of residential solid
waste were required to include the tipping fee in the tendered prices as, by including
the tipping fee in the collection fee, it would be tied directly to the number of houses
and the amount of solid waste collected; submitting a summary of bids for the tender
for the collection of residential solid waste to which two companies responded; and
recommending that the tender of Dominion Refuse Collectors Ltd. for the provision of
waste collection services, as per the terms and conditions of the tender and in
accordance with the prices contained in the submitted summary of bids, be accepted
for the establishment of a supply agreement for a period of one year from the date of
award by Council, and further that staff be authorized to extend the agreement on a
monthly basis, if warranted, for an additional period not to exceed a second 12 months.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the tender of Dominion Refuse Collectors Ltd. for the provision of waste
collection services, as per the terms and conditions of the tender and in accordance
with the prices contained in the submitted summary of bids, be accepted for the
establishment of a supply agreement for a period of one year from the date of award by
Council.
The Mayor advised that the latter part of the recommendation was
deleted from the motion for the reason that Council could not give staff the authority to
extend the agreement as proposed.
Question being taken, the motion was carried.
7. Easement For Encroachment Of
DwellinQ At 87 Riverview Drive
Consideration was given to a report from the City Manager submitting a
letter from the Legal Department advising of a request from Martin Fineberg, solicitor
for Dana Mah and Lori A. Stevens, for a grant of easement to permit the encroachment
of his clients' building at 87 Riverview Drive upon Riverview Drive, and recommending
adoption of the stated resolution in this regard.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the Mayor and
Common Clerk be authorized in consideration of the sum of one dollar ($1.00) to
execute a grant of easement in favour of Dana Mah and Lori A. Stevens to permit the
encroachment of their dwelling at 87 Riverview Drive upon Riverview Drive, such
easement to terminate with the destruction or removal of such encroachment.
Question being taken, the motion was carried.
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8. Police Act Provisions
Consideration was given to a report from the City Manager setting out
resolutions which would now be in order for Council to adopt, having, effective
February 17, 1998 as per Section 7 of the Police Act, established a Board of Police
Commissioners.
On motion of Deputy Mayor Chase
Seconded by Councillor Arthurs
RESOLVED that as per Subsection 10.4
of the Police Act, Common Council advises the Board of Police Commissioners that the
Commission shall submit its proposed annual budget to Common Council not later than
October 15 of each year, and further that as per Subsection 7(3) of the Police Act,
Common Council advises the Board of Police Commissioners that the Council has set a
date of not later than August 31 and February 28 of each year whereby the
Commission would provide a financial statement to the Council as of June 30 and
December 31 respectively.
Mr. Totten advised that, while the above recommendation was for semi-
annual reports with respect to the financial situation of the Force as the Commission
has a number of issues with which to deal at this time, he indicated to the Commission
that, in the future, it could anticipate a recommendation from him to Council asking for
quarterly reporting, although the above resolution would not preclude the Finance
Department from watching where the Commission was on a monthly basis and advising
the Commission directly.
Question being taken, the motion was carried.
9. Zoning By-Law Amendment To
Re-Zone Property On Smythe Street
Read a report from the City Manager advising that The Tea Building
Inc.'s request for re-zoning of a number of properties which are part of the Red Rose
Tea project has highlighted the zoning of the other parcels in the Smythe Street area in
that this area is not used for port or industrial purposes and has been considered as
part of the Uptown area in the Municipal Plan and the recent Port plan considered this
an area appropriate for future commercial development, thus it would be appropriate for
the City to initiate re-zoning of these adjacent lands in conjunction with The Tea
Building Inc.'s application; also advising that Saint John Energy and the Port
Corporation are aware of this proposal and have no objections to the process being
initiated and formal written comments will be solicited prior to the public hearing; and
recommending that Council initiate re-zoning of various properties on Smythe Street
with NBGIC Numbers 40147,426197,55100986,55008767,55031561,55011902 and
part of NBGIC Number 55081921, from "T" Transportation and "1-1" Light Industrial to
"B-3" Central Business classification, with the public hearing to occur on March 30,
1998.
On motion of Councillor Trites
Seconded by Councillor Gould
RESOLVED that as recommended by the
City Manager, the proposed re-zoning of various properties on Smythe Street with
NBGIC Numbers 40147,426197,55100986,55008767,55031561,55011902 and part
of NBGIC Number 55081921, from "T" Transportation and "1-1" Light Industrial to "B-3"
Central Business classification, be referred to the Planning Advisory Committee for a
report and recommendation and the necessary advertising be authorized in this regard,
with the public hearing to be held on Monday, March 30, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
10. HousinQ Incentive ProQram
Consideration was given to a report from the City Manager regarding the
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Housing Incentive Program (HIP) approved by Council on April 22, 1996 which included
a set of program guidelines, one of which provided that the renovation and conversion
of non-residential buildings in whole or in part were eligible; however, the grant was to
be based on the residential conversion only; advising that there have been no multi-use
proposals made to date and modifications were being proposed which could provide
assistance in this area and potentially attract greater interest in under-utilized spaces in
upper floors of buildings in the Uptown area of the City and enhance the re-use of
existing heritage buildings by focusing the program on buildings in the Preservation
Area, with the majority of the space still having to be used for residential but a
commercial component could be included in the grant calculation; and submitting a
recommendation in this regard.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, the Housing Incentive Program (HIP) approved on April 22, 1996, be
modified to permit the inclusion of a commercial component in the conversions/reuse of
existing buildings which are located in the Uptown Business Improvement Areas when
at least 70% of the area is to be used for residential purposes, and the maximum grant
for these multiple-use projects will be $14,000 per residential unit.
Question being taken, the motion was carried.
11. Legal Session Resolution
LeasinQ Of Space. City Hall
Read a letter from the Common Clerk submitting a resolution adopted in
Legal Session of Common Council on February 16, 1998.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the City Solicitor or his
designate is hereby authorized to commence and pursue legal proceedings against
Revenue Properties Ltd. respecting the payments to be made by the City pursuant to
the terms of the lease between the City and Revenue Properties Ltd. for a portion of
the City Hall building.
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting, not having been
present for the February 16 public hearings for the proposed Municipal Plan
amendment and re-zoning of property at 650 Somerset Street and the proposed re-
zoning of property at 690 Somerset Street.)
12. (a) Municipal Plan Amendment
(b) Re-ZoninQ 650 Somerset Street
12{a)
On motion of Councillor Trites
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 third time and enacted and the Common Corporate Seal be
affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
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Question being taken, the motion was carried.
12{b)
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-458 A 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, be read a
third time and enacted and the Common Corporate Seal be affixed thereto:
AND FURTHER that the said re-zoning be subject to an agreement
between the City and the developer pursuant to Section 39 of the Community Planning
Act.
The by-law entitled, "By-Law Number C.P. 100-458 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
13. Zoning By-Law Amendment To
Re-Zone 690 Somerset Street
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-459 A 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
third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-459 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Deputy Mayor Chase re-entered the meeting.)
14. Chief Electoral Officer
Re Plebiscite Question
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from Chief
Electoral Officer Barbara J. Landry advising that the Saint John plebiscite question, as
presently drafted, asks the voter whether he or she is "in agreement to changing to a
system of municipal election in which some or all councillors are elected by ward" and,
since the system of municipal election is a Provincial, not a municipal, responsibility, the
prerequisite that the question be on a matter within the municipality's powers is not
satisfied; expressing the view that, aside from the issue of whether the question is
within municipal powers, the question is also vague, confusing and unclear, contrary to
subsection 46(1) of the Municipal Elections Act; and concluding that, if the question is
revised, it should first be approved by the City's Legal Department before it is
forwarded to her for consideration -- be referred to the City Manager and the City
Solicitor.
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Question being taken, the motion was carried.
15. Atlantic Vending Ltd.
Sidewalk Vendor Site #20
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Atlantic Vending Ltd. advising of its reasons for wishing to have Site #20 deleted from
the list of sidewalk vendors' sites, such site located at the corner of 111 Prince William
and Princess Street -- be referred to the City Manager.
Question being taken, the motion was carried.
16. The Tea Building Inc. - Application
To Re-Zone Property At 15 Drury Lane
The Mayor advised of the need for Council to pass a resolution, which
she read, prior to considering a motion to refer The Tea Building Inc.'s application for
re-zoning of 15 Drury Lane to the Planning Advisory Committee and authorizing
advertising for a public hearing, for the reason that the City of Saint John, not the
applicant, was the present owner of the subject property and P F Moore Holdings Inc.
and Global Design and Construction Ltd. have an option to purchase the property.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that The Tea Building Inc. is
hereby authorized to apply for the re-zoning of the several parcels identified on the re-
zoning application dated February 12, 1998 and signed by The Tea Building Inc. as
applicant; it being expressly noted however that The Tea Building Inc. does not hold an
option to purchase the property in question.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the application of The
Tea Building Inc. for the re-zoning of property at 15 Drury Lane be referred to the
Planning Advisory Committee for a report and recommendation and the necessary
advertising be authorized in this regard, with the public hearing to be held on Monday,
March 30, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
17. Gregory/Janet Hebert - Application
For Re-ZoninQ Of 23 Park Avenue East
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that the application of
Gregory and Janet Hebert for the re-zoning of 23 Park Avenue East be referred to the
Planning Advisory Committee for a report and recommendation and the necessary
advertising be authorized in this regard, with the public hearing to be held on Monday,
March 30, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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18. The Rotary Club Of Saint John, N.B.
Saint John Non Profit HousinQ Appointment
On motion of Councillor Gould
Seconded by Councillor Vincent
RESOLVED that the letter from The
Rotary Club of Saint John, N.B., advising of its approval of the appointment of Ms. Lisa
Keenan as the second Rotary representative on the Board of Directors of the Saint
John Non Profit Housing Corporation, to replace Roy Murphy -- be received and filed
and a letter of thanks be forwarded to Roy Murphy.
Question being taken, the motion was carried.
19. McAllister Drive Plaza Inc. - Application
To Re-Zone Property On McAllister Drive
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the application of McAllister
Drive Plaza Inc. for the re-zoning of property on McAllister Drive be referred to the
Planning Advisory Committee for a report and recommendation and the necessary
advertising be authorized in this regard, with the public hearing to be held on Monday,
March 30, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned
and a Committee of the Whole meeting of Council be held.
Question being taken, the motion was carried.
Common Clerk