1998-03-16_Minutes
86-882
COMMON COUNCIL
MARCH 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 March, A.D. 1998, 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; 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; W. Butler, Commissioner of Community Services; M.
Jamer, Director of Water and Sewerage Services; J. Baird,
Manager of Community Planning; S. Lodhi, Manager of Real
Estate and Facility Management; W. Edwards, Building Inspector;
J. Bezanson, Heritage Planner; C. Cogswell, Chief of Police; Mrs.
M. Munford, Common Clerk; and Ms. C. Mosher, Assistant
Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend Douglas R.
Woods of Silver Falls United Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on March 9, 1998, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment And
(b) Re-ZoninQ 439 Prince Street West
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 1.8-hectare (4.7-acre) parcel of land at 439
Prince Street West (NBGIC Number 394924), from Major Institutional to Low Density
Residential classification; and (b) the proposed re-zoning of the same property from "IL-
2" Major Institutional to "TH" Townhouse classification, to permit a development
consisting of approximately sixty (60) townhouse units with a private street on the
former DVA property, as requested by Home Harbour Estates, 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
March 10 meeting at which the consultant, Mr. Michael Richard of Richard & Company
Architecture Incorporated, expressed support for the staff recommendation, no other
presentations were made and no letters were received from area residents; advising
that a further report and recommendation would follow regarding the subdivision aspect
of this application should the proposed amendments be approved; and recommending
that Common Council (1) amend the Municipal Development Plan by redesignating on
Schedule 2-A of the Plan a 1.8-hectare (4.7-acre) parcel of land at 439 Prince William
Street (NBGIC Number 394924), from Major Institutional to Low Density Residential;
and (2) re-zone the same parcel of land from "IL-2" Major Institutional to "TH"
Townhouse classification.
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MARCH 16,1998
Mr. Charles Crawford, President of Home Harbour Estates, appearing in
support of the amendments, noted the sketches of the proposed development and also
that there was no objection to the development; and advised that, with Council's
permission, he would continue to try to proceed with the development which would be
of benefit to the West Side of the City, and also that, while the eventual cost of the
development was not yet known, it would be considerable and result in an increased
assessment. Mr. Crawford also advised that he had no problem with the Planning
Advisory Committee's recommendation, and things were proceeding the way he had
originally planned.
(Councillor Ball entered the meeting during the above discussion).
Mr. Crawford responded to questions about when the development was
expected to start, as well as the anticipated period of time for the property to be fully
developed.
3{a)
On motion of Councillor Gould
Seconded by Councillor Knibb
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 1.8-hectare (4.7-acre) parcel of land at 439 Prince Street West
(NBGIC Number 394924), from Major Institutional to Low Density Residential
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 Trites
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 1.8-hectare (4.7-acre) parcel of land at 439 Prince Street West
(NBGIC Number 394924), from Major Institutional to Low Density Residential
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 Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 1.8-hectare
(4.7-acre) parcel of land at 439 Prince Street West (NBGIC Number 394924), from "IL-
2" Major Institutional to "TH" Townhouse 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.
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COMMON COUNCIL
MARCH 16, 1998
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 1.8-hectare
(4.7-acre) parcel of land at 439 Prince Street West (NBGIC Number 394924), from "IL-
2" Major Institutional to "TH" Townhouse 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 Gould
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 1918 ManawaQonish Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land with an area of
approximately one acre and located at 1918 Manawagonish Road (NBGIC Number
403758), from "B-2" General Business to "1-1" Light Industrial classification, to permit
the use of the property as a contractor's office, depot and warehouse, as requested by
J.E. Wilson Roofing Co. 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 considered at the Committee's
March 10 meeting at which Mr. David Patterson attended on behalf of the applicant and
expressed agreement with the staff recommendation; and recommending that Common
Council re-zone a parcel of land with an area of approximately one acre and located at
1918 Manawagonish Road (NBGIC Number 403758), from "B-2" General Business to
"1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the
Community Planning Act setting out the following conditions: (a) the existing
landscaped lawn area between the building and Manawagonish Road must be
retained; (b) any outdoor storage must be located in the year yard of the site within the
existing fenced component; (c) the use of the property for any manufacturing use is
permitted only under the following conditions: (i) the manufacture of products occurs
within a building; and (ii) any new manufacturing process is approved by the
Department of Health for on-site services or, alternatively, the property is connected to
municipal sewers; and (d) the existing on-site sewage disposal system is protected and
maintained in a manner which is acceptable to the N.B. Public Health Services Branch
until such time as the site is connected to City sewers.
Mr. David Patterson appeared in support of the application and offered
to respond to questions in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
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 an area of approximately one acre and located at 1918 Manawagonish Road
(NBGIC Number 403758), from "B-2" General Business to "1-1" Light Industrial
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, be read a first time.
Question being taken, the motion was carried.
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COMMON COUNCIL
MARCH 16,1998
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 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 with an area of approximately one acre and located at 1918 Manawagonish Road
(NBGIC Number 403758), from "B-2" General Business to "1-1" Light Industrial
classification, 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 Deputy Mayor Chase
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6. Mayor's Remarks
Mayor McAlary extended congratulations to Mr. Clarence (Butch)
Cogswell on his recent appointment as Chief of Police by the Saint John Board of
Police Commissioners. The Mayor noted the forthcoming Winter/Spring Session of the
Cities of New Brunswick Association to be held in Saint John on March 20-21, as well
as the St. Patrick's Day celebration in the City; and proclaimed March 21 as
International Day for the Elimination of Racial Discrimination in the City of Saint John.
Deputy Mayor Chase asked Council to support the Mayor in her initiative,
as indicated in her comments on CFBC Radio news earlier this date, recommending an
audit of Enterprise Saint John before turning it over to a newly-created regional
commission. The Mayor expressed the belief that the new economic development
commission would ensure that Council members would have copies of the audit, and
advised that there would be a special evening with the new economic development
agency, probably around the first of April, to which Council would be invited and
advised of the issues on the agenda for economic development opportunities
throughout the year.
* Added Item
On motion of Councillor Gould
Seconded by Councillor Trites
RESOLVED that the City Manager's report
(copies of which were forwarded to Council members as an information item),
concerning Ernst & Young billings, be added to the agenda of this meeting for
consideration as item 7 A.
Question being taken, the motion was carried.
7. Payment Of Ernst & Young Invoice
Februarv 9 Presentation To Council
Consideration was given to a report from the City Manager submitting a
billing from Ernst & Young related to the February 9 presentation to Common Council,
in the amount of $10,746.75; and advising that, while the amount is within the City
Manager's spending authority, such authority exists only for budgeted items and, as a
result, it would now be in order for Council to authorize payment.
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COMMON COUNCIL
MARCH 16, 1998
On motion of Councillor Fitzpatrick
Seconded by Councillor Brown
RESOLVED that authority be granted for
payment of the submitted invoice of Ernst & Young, in the amount of $10,746.75, for
professional fees with respect to the preparation and delivery of a presentation to
Common Council on February 9, 1998 regarding the status of the Business Process
Improvement Projects and related matters.
Councillor Knibb advised that he would have moved a motion to defer
payment until such time as Council has an opportunity to meet with Ernst & Young,
having at the last meeting asked Ernst & Young to come before Council with its
proposal for further investigation of a strategic plan, as he found the invoice to be
extravagant. Councillor Gould expressed the view that the bill was excessive and
Council could ill-afford to spend money in this manner. Councillor Fitzpatrick expressed
the view that it would be wrong to hold up payment of the invoice as, not having asked
the cost of having the consultants come before Council prior to the presentation,
Council owed it to itself and the consultants to pay what they billed. The Mayor
expressed the belief that any consultant, in taking on a contract or arrangement like this
with a client, would normally expect that from time to time it would have to give
updates, and that Council had asked for an update on the BPI process. The Mayor
asked the status of the BPI projects in that item 7 A indicated that the City's costs to
date, under the Ernst & Young proposal for which Council approval was capped at a
figure of $217,062 all taxes included, were $200,700, to which Mr. Totten advised that
the report on the Customer Service BPI had been delivered to the project sponsors and
would be presented to him and other department heads tomorrow and that staff would
be bringing this report to Council, and also that he has indicated that the project would
cease with the completion of the submission on customer service; and confirmed his
intent to advise Council, before Ernst & Young appeared again before Council, the cost
of the strategic planning process. In response to Deputy Mayor Chase's question on
when elected officials would have access to the City's computer system, Mr. Totten
noted the policy relevant to the requirement for training prior to being able to sign on to
the system, and Mr. Beckett provided a verbal update on the status of the
implementation of the Information Technology Strategic Plan.
Question being taken, the motion was carried with the Mayor and
Councillors Gould and Knibb voting "nay".
*7A. Ernst & YounQ BillinQs
On motion of Councillor Vincent
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager advising that, further to the City's engagement of the services of Ernst &
Young for the provision of external consultant services relative to the undertaking of a
series of business process improvement projects at a figure of $217,062 all taxes
included, the City's costs to date have amounted to $200,700, and that, with regard to
the strategic management process for which Ernst & Young was engaged separate and
apart from any BPI projects, the billing was $23,300, and that such billings did not
include the 1997 audit fee of $56,140, nor the billing for the February 9 presentation to
Council -- be received and filed.
Question being taken, the motion was carried.
5. Millidgeville Community PlayPark Committee
Proposal For FundinQ For Community Proiect
Consideration was given to a letter from Clare Nicholson on behalf of the
Millidgeville Community PlayPark Committee at the M. Gerald Teed School, advising
that fund-raising efforts have resulted in a juncture whereby the Committee feels it is
ready to proceed with the construction of one phase of the playground before the
spring of 1998 and, as a result, the Committee was requesting an opportunity to appear
before Council to present its proposal in an attempt to secure funding from the City;
and submitting a detailed outline of the plan.
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MARCH 16,1998
Mr. Kevin Munroe, in noting the previously-submitted proposal,
addressed Council on behalf of the Millidgeville Community PlayPark Committee, and
advised that the intent was to enhance what was already present at the M. Gerald Teed
School site by putting in a major central unit that would form the basis for the rest of the
project. Mr. Munroe circulated a drawing of the project, and commented on the
involvement in the project of neighbourhood children in selecting the structures and the
name for the park, and on the support received from local businesses, as well as on the
contribution to date by the Millidgeville community of $18,532.99. Mr. Munroe also
commented on the timing of the project; and requested, through the Land For Public
Purposes Fund, that the City contribute an equal amount to that raised by the
Committee.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the presentation on
behalf of the Millidgeville Community PlayPark Committee regarding its proposal for the
funding of a community project -- be referred to the City Manager for a positive
recommendation.
Question being taken, the motion was carried.
8. HIP Applications #54 to #57
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
applications: (1) HIP #54 - Bruce and Terrance Dowd for an estimated grant of $30,000
with regard to a development on Bell Manor Drive; (2) HIP #55 - Sierra Supplies Ltd. for
an estimated grant of $20,000 with regard to a development on Vista Ridge Court; (3)
HIP #56 - P.F. Moore Holdings Inc. & Global Design & Construction for an estimated
grant of $168,000 with regard to The Tea Building development on Drury Lane; and (4)
HIP #57 - Carl Nilsson for an estimated grant of $14,720 with regard to a development
on Regent Street.
Question being taken, the motion was carried.
9. Sale Of Property 189 Visart Street
Read a report from the City Manager advising that the Kyles, who reside
at 189 Visart Street, have over the years maintained a narrow strip of City property
between 183 and 189 Visart Street and have now asked to purchase this parcel of
land; also advising that the owner of the property at 183 Visart Street is aware of this
request, has provided a letter in support of the Kyle's request, and is not interested in
purchasing any portion of the land; and recommending the sale of this land to the
Kyles.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the sale of approximately 1,125 square feet
of land between 183 and 189 Visart Street to John and Shirley Kyle for $0.75 per
square foot together with all the City's survey costs, and accept a $500 deposit to be
paid by April 17, 1998, the closing to take place on or before July 31, 1998.
Question being taken, the motion was carried.
10. HeritaQe Grants
Consideration was given to a report from the City Manager advising that
the Preservation Review Board has now allocated all of the $30,000 provided in the
1998 Capital Budget for the Heritage Grant Program, the allocation for this Program
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having been reduced from $100,000 to $30,000 in 1997, and it will be necessary to
reallocate capital funds or discontinue the Heritage Grant Program; also advising that,
while at this time in the year it is only possible to estimate the potential expenditure,
based on the number of preservation programs completed and inquiries made on new
projects to date, $100,000 will in all likelihood be required; and further advising that,
although there is no easily identifiable area from which funds could be logically
transferred within the growth incentives area, a significant allocation was made to
Commercial Developments and $50,000 could be reallocated from this area without
materially affecting initiatives in this area.
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, $50,000 be reallocated from Commercial Incentives into the Heritage
Grant Program.
Mr. Totten explained that an amount of $500,000 was allocated in the
Capital Budget for Commercial Incentives or Commercial Developments, having been
set aside to allow staff to attempt to initiate some development in the Mark Drive area,
and it would be the intent at this point in time to move the $500,000 to an amount of
$470,000, recognizing that staff still has a long way to go to negotiate with private
property owners and, should staff at any time feel it has to come back to Council, staff
would do so.
Question being taken, the motion was carried with Deputy Mayor Chase
voting "nay".
11. Provision Of LifeQuard Services 1998
Consideration was given to a report from the City Manager advising that,
further to the 1998 budget proposal to contract with the Canada Games Aquatic Centre
(CGAC) to provide beach supervision with only one beach in Rockwood Park to be
supervised and the schedule of operation at all beaches to be adjusted to achieve
savings of $28,000, the Canada Games Aquatic Centre has provided the submitted
proposal for supervision of City beaches at a cost of $32,000 which, as the total value
of the contract exceeds $25,000, requires Council approval; and recommending that
Common Council authorize staff to engage the Canada Games Aquatic Centre to
provide lifeguard services at City beaches in 1998, as outlined in the submitted
proposal, at a cost of $32,000, taxes extra.
Mr. Nugent advised that Common Council should engage the Canada
Games Aquatic Centre to provide lifeguard supervision, not authorize staff to do so as
indicated in the above recommendation.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Common Council engage the Canada Games Aquatic Centre to provide
lifeguard services at City beaches in 1998, as outlined in the submitted proposal, at a
cost of $32,000, taxes extra.
Question being taken, the motion was carried.
12. New Brunswick Lung Association's Proposal
For "Clean Air Trail/Sentier De L'Air Pur
Read a report from the City Manager submitting a proposed
memorandum of agreement between the City of Saint John and The New Brunswick
Lung Association, Inc., for a partnership to develop a Clean Air Trail/Sentier de L'Air
Pur in Rockwood Park to serve as an educational vehicle in promoting the benefits of
clean air to Park visitors, and that this project is in full harmony with the Recreation and
Open Space Strategy; also advising that, as the Rockwood Park Advisory Board is
desirous of obtaining additional details, the Association has agreed to meet with the
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Board; and further advising that there will be no additional costs to the City of Saint
John for trail work and installation of interpretative signs as the Association will be
responsible for these costs and the City will continue the existing level of maintenance
on the selected trail which at present is part of the Rockwood Park trail system.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council (1) approve the development of a Clean Air
Trail/Sentier de l'Air Pur" in Rockwood Park, as outlined in the City Manager's submitted
report dated March 16, 1998 and the memorandum of agreement with The New
Brunswick Lung Association, Inc., with design and construction details to be approved
by the Director of Recreation and Parks, with input from the Rockwood Park Advisory
Board; and (2) the Mayor and Common Clerk be authorized to execute any necessary
documents.
Question being taken, the motion was carried.
12A. Zoning, Subdivision And Building
Bv-Laws - Amendments Re Fee Increases
Consideration was given to a report from the City Manager referring to
Council's March 2 public hearing concerning a proposed amendment to the Zoning By-
Law that would raise the fee for a re-zoning application to $600 from the present $200,
at which time additional information was requested as to the associated increases in
costs; and advising the cost of re-zoning applications in terms of newspaper
advertising, registration and filing fees to the Province, other direct costs such as
postage for the required Planning Advisory Committee notification, and in staff time
dedicated to each application. With regard to the proposed subdivision fee changes,
the report advises that this has not resulted in much comment, and the fees represent
only a small portion of the staff time required to process these applications and,
concerning the Building By-Law fees, the Building Inspector's cost information with
respect to building permits is contained in the material submitted to the Planning
Advisory Committee; and also advises of staff's meeting with the Executive of The
Saint John Home Builders' Association Inc. at which it was agreed that this would be
the first of more regular meetings and also at which two specific suggestions were
made as an alternative to the proposed increases - delayed implementation of
increases or phasing of the increases over a longer time period, with a delay of July 1,
1998 for the increase in building permit fees allowing for existing planned projects to
proceed on the existing fee structure, and a phasing in of the zoning application fee
increase - $400 now and $600 on January 1, 1999, the latter for which a further
amendment would be required later this year to implement; and notes that these types
of modifications will impact directly on the revenue that will be received in this budget
year as the projected revenue increase of $75,000 was based on a full year.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that item 14 on the
agenda of this meeting be brought forward for consideration at this time with item 12A.
Question being taken, the motion was carried.
14. Planning Advisory Committee -
Zoning By-Law, Subdivision And
BuildinQ Bv-Laws Amendments Re Fees
Consideration was also given to a report from the Planning Advisory
Committee regarding proposed amendments to the Zoning, Subdivision and Building
By-Laws with respect to fees, further to the Committee's report considered at Council's
March 2, 1998 meeting at which the public hearing was held for the proposed Zoning
By-Law text amendment concerning amendment fees, the first and second readings of
proposed amendments to the Subdivision and Building By-Laws having been given on
January 19, 1998; advising of presentations made at the Committee's March 10
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MARCH 16, 1998
meeting by Mr. Wayne Moore, President of The Saint John Home Builders' Association
Inc., and Mr. Patrick Darrah, Executive Director of Saint John Construction Association
Inc., in opposition to the proposed amendments; also advising that the Committee
discussed the nature of the fee increases and potential of new construction with
Messrs. W. Edwards and J. Baird and, after considering all the material and
presentation, the Committee passed a motion recommending that the fee increases not
be approved; and recommending that the proposed amendments to the Zoning By-
Law, Subdivision By-Law, and Building By-Law not be approved.
12A.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, the amendment to the Zoning By-Law be to delete "$200" and insert
"$400"; (2) the proposed Building By-Law amendment be approved to come into effect
July 1, 1998; and (3) the Subdivision By-Law amendment proceed as recommended as
part of the budget process.
The Mayor asked the effect of the above on the 1998 budget to which
Mr. Baird replied that $45,000 was the estimated revenue with respect to the potential
increase on building permit fees, with another $30,000 being the estimated revenue
with respect to a variety of planning fees of which the re-zoning application was one of
them and, as these were estimates based on average construction activity forecast,
there will be variations not only because of the delay in the implementation but
depending upon the level of development activity that would be seen in the remainder
of the year, and that, at this time, it is suggested that approximately half of the $75,000
total would be lost.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
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, by amending Section 910(3)(a)(ii) by
deleting "$200" and inserting "400", be read a first time.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, by amending Section 910(3)(a)(ii) by deleting
"$200" and inserting "400", be read a second time.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
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14.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the report from the Planning
Advisory Committee regarding proposed amendments to the Zoning, Subdivision and
Building By-Laws with regard to fees -- be received and filed.
Question being taken, the motion was carried.
Deputy Mayor Chase, having advised his intention under the General
segment of the agenda to raise a question of privilege, asked the Mayor to take under
advisement his question of privilege based on his understanding that Councillor
Waldschutz raised the question of whether there should be a fee or permit paid so that
candidates can run in a municipal election, whereupon the Mayor ruled Deputy Mayor
Chase out of order and advised her intent to continue with the agenda.
(Councillor Knibb withdrew from the meeting.)
13. 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, March 9, 1998, when
there were present Mayor McAlary and Councillors Ball, Brown, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following
recommendation, namely:-
1. That as recommended by the City Manager, the position of
Administrative Assistant, Non-Union, Group 6, be added to the Establishment and
further that a Unionized position of Secretary II, Group 5, be transferred to the Common
Clerk's Office.
March 16, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
13.1. Establishment ChanQe
On motion of Councillor Waldschutz
Seconded by Deputy Mayor Chase
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
(Councillor Knibb re-entered the meeting.)
15. Barbara Munroe - Water
Services RaQQed Point Road
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Barbara Munroe commenting on and asking questions pertaining to Council's
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discussion
at its February 2, 1998 meeting on water services to Ragged Point Road, and asking
for answers to these questions -- be referred to the City Manager.
Question being taken, the motion was carried.
16. Petition In Opposition To Re-Zoning Or
Temporarv Use Of 945 Old Black River
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Leanne Dow-Campbell submitting a petition from residents of Old Black River Road,
Cottage Road and Goldsworthy Road, in opposition to any re-zoning or temporary use
being granted to 945 Old Black River Road from Residential to Light Industrial -- be
received and filed.
The Mayor suggested that a motion to receive and file the above letter
would be in order because the Planning Advisory Committee had already granted
temporary use for a year. Councillor Vincent expressed concern that an ancillary action
can be brought forward by the Planning Advisory Committee once Council, having gone
through the due process as it exists or as it is interpreted to exist, has made a decision
in proper and due forum having been placed in a quasi judicial position where decisions
and bias are not supposed to exist pending a public hearing; and suggested that it
would seem that there was either an error in the legislation or that the process has
been faulted or defaulted in some manner to allow that to happen because it brings into
question who makes the decision on what can be overruled by temporary permit
purposes on all or any of the decisions Council makes sitting in that quasi judicial
position. Councillor Vincent also suggested that, as this Councilor future Councils
could be confronted with this situation again, it would be an error of omission on
Council's part, having faced such an issue, to let it go by when there could be a strong
majority of Council members who did not concur with that course of action; and asked
the City Solicitor what recourse would be open to Council to further address the
temporary permit option for up to a year and to advise if a second twelve-month
extension or permit could be granted at the expiration of the first permit. Upon
Councillor Trites' indication that, if Councillor Vincent put his comments in the form of a
motion, he would second it, the Mayor noted the motion on the floor.
Question being taken, the motion was carried.
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the points raised by
Councillor Vincent above be referred to the City Solicitor for a response as soon as
possible.
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
17. The Saint John Theatre
Company Inc. FundinQ Proposal
Read a letter from Stephen Tobias of The Saint John Theatre Company
Inc. expressing disappointment that the Theatre Company was refused funding for this
season, as well with the manner in which he was informed; asking if there is a specific
policy governing the support of the cultural sector in the City; and advising that, while
he would not make another presentation to Council as Council has already seen the
Theatre Company's budget figures, list of accomplishments and financial commitments
to the Imperial Theatre, he will leave it at this: if Council can find $1,000 in some budget
somewhere, an advertisement could be placed in the Three Musketeers program and
he would provide the Mayor and Council with opening night tickets to this production.
86-893
COMMON COUNCIL
MARCH 16,1998
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that Council purchase $500 in
advertising in the program for The Saint John Theatre Company Inc.'s upcoming
production of The Three Musketeers on May 21-22-23.
Councillor Waldschutz expressed the view that Council should not keep
changing its budget.
Question being taken, the motion was carried with the Mayor and
Councillors Trites and Waldschutz voting "nay".
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Trites
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