1998-03-23_Minutes
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COMMON COUNCIL
MARCH 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 March, A.D. 1998, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Vincent
- and -
Messrs. 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; D. Logan, Purchasing Agent; G. Bezanson,
Heritage Officer; Mrs. G. Barker, By-Law Enforcement Officer; G.
Tait, Fire Chief; 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 Captain Rod
Brantfrancis of the Church Army, St. James Anglican 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 16, 1998, be approved.
Question being taken, the motion was carried.
3. Mayor's Remarks
Mayor McAlary advised the dates, times and locations of the community
open houses for the Transportation Study to be held March 24 through April 1, as well
as a session for the trucking transportation industry representatives on March 31; and
noted the Friends of Red Cross Mash Bash fund-raising casino and auction on March
28 at the HMCS Brunswicker. The Mayor thanked the sponsors of the Cities of New
Brunswick Association Winter/Spring Session held in Saint John on March 20-21, as
well as the City staff members who organized the conference, particularly Manager of
Public Affairs Kenneth Galbraith; and advised that she and Deputy City Manager
Patrick Woods would be on a committee to propose a way to implement user fees in
the future for municipalities, in particular the fee for the collection and disposal of
garbage. Condolences were expressed to the family of the late Mr. Donald Fox who
passed away recently; and note was made of the forthcoming North American Short
Track Speedskating Championship at the Lord Beaverbrook Rink.
The Mayor asked Council's consideration at this time of item 18, the
Saint John Transit Commission's 1997 Annual Report, and advised that the
Commission would like to address Council in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the Saint John Transit
Commission be invited to address Council at this time with regard to item 18.
Question being taken, the motion was carried.
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18. Transit Commission
1997 Annual Report
Mr. Peter Gaulton, Chairman; Murray Beesley, Michael Arbow, Andrew
Britton, Frank McCarey and Wayne Thorne of the Saint John Transit Commission, were
present at the meeting, and Mr. Gaulton, referring to the Commission's previously-
submitted 1997 Annual Report, noted the 4.1 percent increase in ridership in 1997, a
decrease by $53,000 in the operating subsidy last year, as well as the Benchmark
Report included in the Annual Report, the idea of which was to show various operating
statistics and financial figures for comparison with other cities comparable to the size of
Saint John and also with the national average. Mr. Gaulton expressed appreciation to
the City for providing capital funds to buy three new buses this coming year, as well as
to the Transit Union for its contribution toward helping the Commission lower its
operating cost by allowing the Commission to maintain service levels by changing work
rules midway through a contract; and thanked the passengers of the Transit
Commission buses for their approximately 2.4 million rides during the year, and
Common Council for its continuing support. Mr. McCarey responded to questions
about the Transit Commission's operation.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the 1997 Annual Report of
the Saint John Transit Commission be received and filed with appreciation.
Question being taken, the motion was carried.
4. Sidewalk Vendor Sites Auction
Consideration was given to a letter from Councillor Waldschutz advising
that, at the forthcoming annual sidewalk vendor sites auction on March 25, he would
like deleted from the list of sidewalk vendor sites the two on King's Square for the
reasons of money and aesthetics, as well as litter, obstruction to the sidewalks and the
difficulty of enforcing hygiene and health standards at all sites; and asking that Council
support, in order of his preference: cancellation of the auction indefinitely; or removal of
the King's Square sites from the approved list; or imposition of a reserve or minimum
bid of $4,500 at King's Square North and $1,000 at King's Square South.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the above letter from
Councillor Waldschutz be received and filed.
Councillor Trites advised that his motion to receive and file was because
he had a problem with trying to do what was requested two days before the auction.
Question being taken, the motion was carried.
4A. Production Of Two Feature-Length
Movies StartinQ On March 31. 1998
Consideration was given to a letter from Councillor Ball advising of an
opportunity, through Enterprise Saint John via Film NB, for the City of Saint John to be
the site for the filming of two feature-length movies in 1998 - "In Self Defence" and "The
Accountants", with preproduction to start on March 31; and recommending that, in light
of the major opportunity that these film productions present to Saint John, it would be
most helpful if the following arrangements could be put in place to everyone's
satisfaction when required and that these items be referred to staff for review and a
report brought back to Council: (a) appoint a staff member(s) to work in close
cooperation with the film production team as it relates to all matters involving possible
support from the various City departments; (b) allow temporary blocking of street areas
and the use of City locations for film sites given proper notice to arrange for site
availability if and when required; (c) inform the Chief of Police and Fire Chief to give
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attention to any requirements or requests for support that may be in order regarding
public safety and security as it relates to the film productions and the citizens of Saint
John; (d) offer services and gifts-in-kind at reasonable request with prior notice and as
budget restraints may dictate; (e) allow staff members with specific abilities and talents
to participate in filming sessions on a volunteer or remunerative basis without inordinate
interference with responsibility to civic duties; and (f) bring to the attention of the
various commissions, corporations and agencies affiliated with the City the valuable
contributions they could make in support of these productions.
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that the above letter from
Councillor Ball be received and filed.
The Mayor noted that the motion to receive and file was not what
Councillor Ball recommended in his letter, to which Councillor Ball replied that, in
thinking this over on the weekend and realizing that the City had a $6 million reduction
in its budget this year, it was the intent to find the $50,000 in services-in-kind.
Question being taken, the motion was carried.
5. Tender For Asphaltic Concrete Mixes
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender of LaFarge Canada Ltd., as per the prices contained in
the submitted summary of bids, be accepted for the supply of asphaltic concrete mixes
for the 1998 maintenance season.
Question being taken, the motion was carried.
6. Tender For Life Insurance
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the tender of Clark Administrative Consultants, on behalf of The Co-
Operators, be accepted for the provision of 29 paid-up life insurance policies for retired
City of Saint John employees, with each policy having an individual value of $5,000,
with a total cost of $48,337.80.
Question being taken, the motion was carried.
7. Tender For Video Sewer Inspection
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender of Melanson's Waste Management Ltd., as per the prices
included in the submitted summary of bids, be accepted for the provision of video
sewer inspection services for a period of one year from the date of award by Council.
Question being taken, the motion was carried.
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8. Easement For Encroachment
Of DwellinQ At 86 Summit Drive
Consideration was given to a report from the City Manager submitting
correspondence from the Legal Department advising of a request from John Riley,
solicitor for Mr. and Mrs. McCracken, for a grant of easement to permit the
encroachment of their dwelling at 86 Summit Drive upon Summit Drive; and
recommending adoption of the stated resolution.
On motion of Councillor Vincent
Seconded by Councillor Knibb
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 Mr. and Mrs. James 1. McCracken to permit the
encroachment of their dwelling at 86 Summit Drive upon Summit Drive, such easement
to terminate with the destruction or removal of such encroachment, provided that Mr.
and Mrs. McCracken for themselves, their heirs and assigns, relieve the City of all
liability for any damage to the structure which may be caused by the City performing
any work within the Summit Drive right-of-way.
Question being taken, the motion was carried.
9. Easement For Encroachment
Of BuildinQ At 100 Water Street
Read a report from the City Manager submitting correspondence from
the Legal Department advising of a request from J. George Byrne, solicitor for
Integrated Pneumatics Limited, for a grant of easement to permit the encroachment of
its building at 100 Water Street upon Water Street; and recommending adoption of the
stated resolution.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
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 Integrated Pneumatics Limited to permit the
encroachment of its building at 100 Water Street upon Water Street, such easement to
terminate with the destruction or removal of such encroachment.
Question being taken, the motion was carried.
10. Tender For Traffic Paint
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Franklin Paint Co. Inc., of Franklin, MA., be accepted for
the supply of traffic paint, in the amount of $32,964 in Canadian funds, delivered and
all taxes included.
Question being taken, the motion was carried.
11. Planning Advisory Committee's
Authorization Of Development
For A Temporarv Period
Read a report from the City Solicitor responding as follows to two
questions directed to him at the last meeting concerning the Planning Advisory
Committee's (PAC) authorization of a development for a temporary period: (1) what
recourse is available to Common Council to address the temporary one year permit
option (granted by PAC)?; and (2) is a second twelve-month period able to be
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granted?: (1) when a planning advisory committee enjoys the authority in question, its
exercise of it is subject only to the limitations set out in the Community Planning Act
and is not subject to review on the merits by the municipality and the fact that a
municipal council declines to re-zone a site and, in so doing, confirms a development
as being prohibited by the Zoning By-Law does not diminish the PAC's authority to
authorize such a development for a period of up to one year; thus Council's "recourse"
would be to repeal Section 40 of the Zoning By-Law if, after complying with the
procedural requirements, that was seen to be warranted; and (2) the Planning Advisory
Committee does not have the authority to grant a second one-year authorization and, in
fact, once the Committee exercises its authority under Section 40 it thereby exhausts
that authority respecting the development in question and, to hold otherwise, would
work a true usurpation of the municipality's power to control land use through the
enactment of a Zoning By-Law; and concluding that the situation which gave rise to
these two questions had an additional feature not reflected in the questions
themselves; namely, that the use of the land in question was an existing use at the time
that PAC was requested to authorize that use for a temporary period which raises
further issues concerning the extent of the PAC's authority which he is pursuing and
upon which he will subsequently report to Council.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report from
the City Solicitor be received and filed and Council await a further report.
During discussion Mr. Nugent advised that, having gone back to at least
1973 in looking at the Community Planning Act, the language in the Act was the same
then as it was today and, while he did not look at the Zoning By-Law itself, his
recollection was that this arrangement has been in place for many years; and Mr. Baird
advised that, while he could check that point from the various copies of the By-Laws
previous to amalgamation, his initial recollection was that there has been that type of
authority, with maybe slightly different wording, because at a similar time period to
amalgamation there was a new Community Planning Act as well.
Question being taken, the motion was carried.
12(a) Municipal Plan Amendment And
(b) Re-ZoninQ 439 Prince Street West
Consideration was given to third readings of a proposed Municipal Plan
amendment and re-zoning of property at 439 Prince Street West, of which first and
second readings were given at Council's last meeting.
26A. Home Harbour Estates' Request For
Delay In Third Readings Of By-Law
Amendments Re 439 Prince Street West
Consideration was also given to a letter from C.A. (Chuck) Crawford,
President of Home Harbour Estates, requesting that third readings of the above-
mentioned amendments be delayed temporarily as there were still some engineering
and financing issues to be resolved, and he would advise when he wishes Council to
proceed with third readings.
12{a)&{b)
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that third readings of the
proposed Municipal Plan amendment and the Zoning By-Law with regard to the
property 439 Prince Street West be laid on the table as requested by the applicant.
Question being taken, the tabling motion was carried.
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26A.
On motion of Councillor Trites
Seconded by Councillor Gould
RESOLVED that the above letter from C.A.
(Chuck) Crawford, President of Home Harbour Estates, be received and filed.
Mr. Baird advised that the time limit for the proposed By-Law
amendments would expire six months from the date of the first advertising, and the
applicant anticipated resolving the issues before summer.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
13. Zoning By-Law Amendment To
Re-Zone 1918 ManawaQonish Road
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-461 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 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, be read a
third time and enacted and the Common Corporate Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to 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 rear 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.
The by-law entitled, "By-Law Number C.P. 100-461 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.
14. Zoning By-Law Text Amendment
To Increase Application Fee
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-462 A 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 third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-462 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 with Councillor Brown
voting "nay".
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15. Subdivision By-Law
Amendment Re Fees
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled,
"By-Law Number C.P. 120-1 A By-Law To Amend A By-Law To Regulate The
Subdivision Of Land Within The City Of Saint John", with regard to fees, be read a third
time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 120-1 A By-Law To Amend A
By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read
in its entirety.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
16. Building By-Law
Amendment Re Fees
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 101-14 A By-Law To Amend A By-Law Respecting The
Construction, Repair And Demolition Of Buildings In The City Of Saint John", with
regard to building permit fees, be read a third time and enacted and the Common
Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 101-14 A By-Law To Amend
A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City
Of Saint John", was read in its entirety.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
17. 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 16, 1998, when
there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits
the following recommendation, namely:-
1. That as recommended by the City Manager, Common Council amend its
resolutions of August 18, 1997 and December 22, 1997 pertaining to the sale of Site
"C", Chesley Drive, to Corporation 1906 Inc., as follows: (1) the closing date of the sale
be extended to on or before July 31, 1998; (2) the purchase price be changed to
$80,000 plus HST (if applicable) and related land transfer fees; (3) the real estate
commission payable be changed to $6,400 plus HST; and (4) the compensation
payable to the Urban Renewal Partnership be based upon the purchase price less an
appropriate share of expenses.
March 23, 1998,
Respectfully submitted,
(sgd.) Shirley McAlary,
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Saint John, N.B.
C h air man.
17.1. Site "C". Chesley Drive
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
(Councillor Trites re-entered the meeting.)
Question being taken, the motion was carried.
19. Board Of Police Commissioners
SerQeant-At-Arms At Council MeetinQs
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the letter from the Saint
John Board of Police Commissioners advising that it passed a motion authorizing the
Chief of Police or his designate to attend and act as Sergeant-At-Arms at Common
Council meetings -- be received and filed with appreciation.
Question being taken, the motion was carried.
20. Board Of Police Commissioners
Use Of City Staff And Services
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Board of Police Commissioners requesting that Common Council allow it to utilize
the staff and services of the City's Human Resources Division and the City Solicitor's
Office in dealing with any issue that may arise in the day-to-day operations of the Saint
John Police Force -- be referred to the City Manager and the City Solicitor.
Question being taken, the motion was carried.
21. Preservation Review Board -
Preservation Areas By-Law Amendment
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the
Preservation Review Board advising that the Board's recent dealings with two
applications for demolition have revealed an inadequacy in the Preservation Areas By-
Law and prompts an amendment, and also that several other amendments that are of a
housekeeping nature are proposed, such amendments having been tabled at the April
1, 1997 public hearing at which time a concern was raised over the use of the Multiple
Listing Service and the Legal Department proposed trademark term refinements to the
wording in several areas; setting out the proposed amendments, and recommending
that Common Council authorize the necessary advertising and set a public hearing date
for 7:00 o'clock p.m., Monday, April 27, 1998, for consideration of the proposed
amendments to the Saint John Preservation Areas By-Law -- be received and filed and
the recommendation adopted.
It was suggested that Mr. Phillip Huggard, Chairman of the Preservation
Review Board, who was present at the meeting, could be invited to address Council in
the above regard, whereupon the Mayor noted that an affirmative two-thirds majority
vote of Council would be required to do so, although Council could ask Mr. Bezanson to
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address the proposed amendments. During discussion the initial motion to authorize
the necessary advertising and refer the matter to the Planning Advisory Committee was
changed to that above upon Mr. Bezanson's observation that a referral to the Planning
Advisory Committee was not required.
(Councillor Fitzpatrick withdrew from the meeting during discussion in the
above regard.)
Question being taken, the motion was carried.
22. Senior Swingers Senior Citizens
Club Re Previous Request For
Seniors Advisorv Committee
Consideration was given to a letter from Alice M. Howe, President of the
Senior Swingers Senior Citizens Club, questioning the status of its request to Council
on November 17, 1997 for the establishment of a seniors advisory committee, which
was referred to the City Manager for study and a report to Council.
The Mayor, having asked to relate some information to Council prior to a
motion being made, advised that Mr. Woods indicated to her before this meeting that
staff has had discussion with Mr. Gerry Burke of the New Brunswick Senior Citizens
Federation and Mr. Gerry Hudson, Vice President of the Senior Citizens Club - the
Loyalist Zone and, unofficially, it was felt that there was not a need for a seniors
advisory committee since the role of the Senior Citizens Club - the Loyalist Zone was to
act as an advisory committee; and also advised that Mrs. Howe, who is a
representative and sits on the Saint John Senior Citizens Club - the Loyalist Zone, had
not been informed until recently that there would be a meeting taking place on March
25 of City staff of the Recreation and Parks Division of the Community Services
Department and the Senior Citizens Club - the Loyalist Zone.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from the
Senior Swingers Senior Citizens Club following up on its letter to Council on November
17, 1997 -- be referred to the City Manager for a report on the March 25 meeting.
Question being taken, the motion was carried.
23. Rally Of Hope - Request
For City To ReQister Team/s
On motion of Councillor Trites
Seconded by Councillor Arthurs
RESOLVED that the letter from the Saint
John Regional Hospital Foundation's Rally of Hope requesting that the City of Saint
John register one or more teams for the 1998 Rally of Hope to take place on July 11 at
the Canada Games Stadium -- be referred to the City Manager for inclusion of the Rally
of Hope's request in the next bulletin or newsletter to staff.
Question being taken, the motion was carried.
24. The Roman Catholic Bishop Of
Saint John - Zoning By-Law
Amendment 42 Clarendon Street
On motion of Councillor Trites
Seconded by Councillor Arthurs
RESOLVED that the application of The Roman Catholic
Bishop of Saint John for the re-zoning of 42 Clarendon Street be referred to the
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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,
April 27, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
25. Walter Peterson - Request To Be
Hooked Up To CottaQe Road Water Line
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that the letter from Walter
Peterson of 230 Cottage Road requesting to be hooked up to the existing water line on
Cottage Road -- be referred to the City Manager.
Question being taken, the motion was carried.
26. GWE Group Inc. Further To
March 9 Presentation To Council
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from P.L. (Len)
Wolstenholme of GWE Group Inc. commenting further to his presentation to Council on
March 9 with regard to banning animals in circuses, and thanking Council for the
interest being taken in animal welfare -- be received and filed.
Question being taken, the motion was carried.
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