1998-04-14_Minutes
86-926
COMMON COUNCIL
APRIL 14,1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the fourteenth day of April, AD. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Waldschutz
- and -
Messrs. 1. Totten, 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; W. Edwards, Building Inspector; A Bodechon,
Assistant Deputy 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 James Fudge,
First United Pentecostal Church and Chaplain of the Saint John Police Force, 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 April 6, 1998, be approved.
Question being taken, the motion was carried.
3(a) Zoning By-Law Amendment To
Re-Zone 271 KinQ William Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of approximately 27 hectares (67
acres) of land situated at 271 King William Road (the majority of NBGIC Number
55032957), from "RF" Rural to "1-1" Light Industrial classification, to accommodate
future expansion of the Spruce Lake Industrial Park by placing the subject area into an
appropriate industrial zone, as requested by Hughes Surveys & Consultants Ltd., and
no written objections were received in this regard.
3{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
April 7 meeting at which the applicant expressed support for the staff recommendation
but requested that it be modified to more clearly indicate the area to remain zoned "RF"
Rural and, in particular, that the 91-metre (300-foot) strip of land along the shoreline be
measured from the side property boundaries of the subject property, and staff had no
objection to the requested amendment; and recommending that Common Council re-
zone approximately 27 hectares (67 acres) of land situated at 271 King William Road
(the majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial
classification, but excluding that portion of the subject property that is 91 metres (300
feet) measured along the side property boundaries from the shoreline of the Bay of
Fundy.
86-927
COMMON COUNCIL
APRIL 14,1998
Rick Turner of Hughes Surveys & Consultants Ltd. appeared in support
of the application which, he noted, was submitted on behalf of Cameron Enterprises
Ltd., the owner of the property; and made the observation that re-zoning of the subject
property to a Light Industrial classification would bring it in compatibility with the
Municipal Development Plan which the City has set out for this area and would also
complement the Spruce Lake Industrial Park which is a Heavy Industrial designation,
being located immediately to the west of the subject site and, as well, would allow for
continued industrial expansion in the area as the Industrial Parks' property gets
developed. Mr. Turner advised that the next phase of development of the Spruce Lake
Industrial Park would bring services and access to within very close proximity of this
site, and that a tentative plan would be submitted for the appropriate approvals for this
area, provided that Common Council concurred with the application; offered to respond
to questions in this regard; and also advised his concurrence with the above
recommendation.
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 approximately
27 hectares (67 acres) of land situated at 271 King William Road (the majority of
NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial classification, but
excluding that portion of the subject property that is 91 metres (300 feet) measured
along the side property boundaries from the shoreline of the Bay of Fundy, 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 Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning
approximately 27 hectares (67 acres) of land situated at 271 King William Road (the
majority of NBGIC Number 55032957), from "RF" Rural to "1-1" Light Industrial
classification, but excluding that portion of the subject property that is 91 metres (300
feet) measured along the side property boundaries from the shoreline of the Bay of
Fundy, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed re-zoning be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment To
Re-Zone 108 Hazen Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land identified as
NBGIC Number 15289, previously known as 108 Hazen Street, containing
approximately 12 metres (39 feet) of street frontage along Hazen Street and a total
area of approximately 278 square metres (3,000 square feet), being adjacent to the
Church of St. John and St. Stephen, from "RM-IF" Multiple Residentiallnfill to "IL-1"
Neighbourhood Institutional classification, to place the property in the same zone
category as the adjacent Church property and to use the vacant lot for on-site parking
86-928
COMMON COUNCIL
APRIL 14,1998
for use by the Church, as requested by the Church of St. John and St. Stephen, 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
April 7 meeting at which the applicant's representative indicated he was in agreement
with staff's recommendation; advising that the Committee granted a variance for the
subject property and 101 Coburg Street (Church building) to permit an access width of
approximately 19.2 metres (63 feet) on condition that the proposed parking area is
paved with an asphalt surface within one year of the completion of the required
excavation work; and recommending that Common Council amend the Zoning By-Law
by re-zoning the property located at 108 Hazen Street (NBGIC Number 15289), from
"RM-IF" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification.
Douglas Sewell, Chairman of the Board of Trustees of the Church of St.
John and St. Stephen, 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 containing approximately 12 metres (39 feet) of street frontage along Hazen Street
and a total area of approximately 278 square metres (3,000 square feet), being
adjacent to the Church of St. John and St. Stephen, previously known as 108 Hazen
Street (NBGIC Number 15289), from "RM-1F" Multiple Residentiallnfill to "IL-1"
Neighbourhood Institutional 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 Deputy Mayor Chase
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 containing approximately 12 metres (39 feet) of street frontage along Hazen Street
and a total area of approximately 278 square metres (3,000 square feet), being
adjacent to the Church of St. John and St. Stephen, previously known as 108 Hazen
Street (NBGIC Number 15289), from "RM-1F" Multiple Residentiallnfill to "IL-1"
Neighbourhood Institutional 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 Ball
RESOLVED that the correspondence
regarding the above-proposed re-zoning be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-Law Amendment To
Re-Zone 540 Westmorland Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 540
Westmorland Road (a portion of NBGIC Number 307397), having a frontage of
86-929
COMMON COUNCIL
APRIL 14,1998
approximately 50 feet and an area of approximately 4 acres, from "P" Park and "SC"
Shopping Centre to "B-2" General Business classification, to permit the development of
a call centre facility, as requested by Ashford Investments Inc., and 5{c) a letter was
received from Vanda C. White setting out issues she feels must be dealt with in order
to keep the preservation of her property should the proposed re-zoning be allowed.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and four letters considered at
the Committee's April 7 meeting at which a representative of the landowner and a
representative of the applicant spoke in favour of the application, and two people
addressed the Committee with specific concerns about flooding and traffic; advising
that the Committee adopted a revised recommendation which would permit the full
54,000-square foot development as proposed, with a commitment to utilize the
alternative public street access when available and it did not recommend a Section 101
agreement with the Exhibition Association but recommended acceptance of an
easement, and as well the Committee granted the necessary approvals for the creation
of the lot access via an easement and, if third reading is given to the proposed re-
zoning, a further recommendation would be provided to Council with respect to the
approval of the necessary municipal and public utility easements; and recommending
that (1) Common Council re-zone a parcel of land located at 540 Westmorland Road (a
portion of NBGIC Number 307397), having a frontage of approximately 50 feet and an
area of approximately 4 acres, from "P" Park and "SC" Shopping Centre to "B-2"
General Business classification, subject to a resolution pursuant to Section 39 of the
Community Planning Act setting out the following conditions: (a) the use of the site is
limited to an office building with a maximum floor area of 54,000 square feet; (b) 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; (c) 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;
(d) all utilities, including power and telephone, must be provided underground; (e) 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 City curb/sidewalk; (f) 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,
exterior lighting, 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, such site plan will
be attached to the building permit for the development; (g) 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 (h) access to the lot be
developed and utilized as proposed to Westmorland Road until such time as a public
street is fully developed to the west and north of the present Simonds Arena and, at
that time, the access will be relocated to utilize this new public street; and (2) the
subject site be re-zoned only on condition that the owner of the property agrees to
grant a 10-metre easement for a drainage ditch or storm sewer along the rear of the
residential properties facing Braemar Drive.
Jean Urquhart of 20 Dutch Garden Lane expressed opposition to the
application because of flooding; and advised of her concern about (1) the proposal to
replace the ground with asphalt because of faster water run-off; (2) the proposed
drainage into Majors Brook, to which no changes have been made and into which
drainage has been directed from at least four new developments within the last two to
three years, and Majors Brook flows into the lowest end of Marsh Creek which is where
the problem exists; and (3) a recommendation by the Planning Advisory Committee that
would correct a problem for people on Braemar Drive to fix the drainage in back of
Braemar Drive which flows directly onto Golden Grove Road which would increase
drainage onto Golden Grove Road causing more problems for residents in the area,
mainly her.
86-930
COMMON COUNCIL
APRIL 14,1998
Stephen Cronk of 199 Mark Drive appeared in opposition to the
proposed re-zoning based on his concern that, without planning, the traffic problem in
the area would only get worse with more development; and referred to the Fire
Department's comments in Planning staff's report about a single access to the property.
Charles Swanton, Treasurer of the Saint John Exhibition Association
appearing in support of the application, advised that the Association was also
concerned about the flooding and transportation issues; and made the observation that
the land in question was not in the flood risk area, enjoying an elevation of about
sixteen feet while the flood risk area was twelve feet. Mr. Swanton expressed the view
that what the Association was doing was consistent with its Master Site Plan of 1991;
and noted the increase in revenue to the City if the proposal were approved by taking a
4-acre piece of property with a current ninety percent value in use reduction to a full
appraised value with a 54,000-square foot building on it.
Jim Dixon, Vice-President of Ashford Investments Inc., appeared in
support of the application; and advised that his Company looked forward to doing the
proposed development in Saint John, one that would be well done and enhance the
area. Mr. Dixon also advised that, by attending the Planning Advisory Committee
meeting, reading the correspondence and being present at this meeting, he was getting
a first-hand knowledge of some of the local issues with the flooding and so on of which
Ashford Investments was not aware until it got involved with researching the site;
however, the drainage and what would be done on the property leased by the
Company would be addressed and approved by the City Engineer; and, with regard to
whatever takes place with the access road behind the Simonds Arena, Ashford
Investments was in full agreement with diverting its traffic onto whatever the long-term
plan of the whole area would be and, while there would be a lot of people working in
that area, because of the way it was scheduled there would be a continual flow of a few
cars every few minutes out of the centre rather than a blitz of 300 cars or anything like
that.
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 540 Westmorland Road (a portion of NBGIC Number 307397), having a
frontage of approximately 50 feet and an area of approximately 4 acres, from "P" Park
and "SC" Shopping Centre to "B-2" General Business classification, pursuant to Section
39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a first time:
AND FURTHER that as recommended by the Planning Advisory
Committee, the subject site be re-zoned only on condition that the owner of the
property agrees to grant a 10-metre easement for a drainage ditch or storm sewer
along the rear of the residential properties facing Braemar Drive.
During discussion it was confirmed that the above motion included the
full recommendation; and Mr. Baird responded to concerns about drainage in terms of
the drainage ditch immediately behind Braemar Drive, and the proposed development
itself; and, with respect to the proposed easement, advised that if the above
recommendation were adopted, the City would do the necessary maintenance and
ensure that there was not a flooding problem in that area. Councillor Gould advised of
his concern with the proposal, and asked if Recreation and Parks had addressed how it
would cope with the loss of the Simonds Lions field, to which Mr. Baird replied that,
given the early notice, it was the intent not to schedule activities at the field. Councillor
Gould expressed the opinion that the program and solution to relieve the flood plain
area should have been addressed first through a master plan and a correction of the
deficiencies, and then the re-zoning of the area.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
86-931
COMMON COUNCIL
APRIL 14,1998
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 Waldschutz
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 540 Westmorland Road (a portion of NBGIC Number 307397), having a
frontage of approximately 50 feet and an area of approximately 4 acres, from "P" Park
and "SC" Shopping Centre to "B-2" General Business 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 with Councillor Gould
voting "nay".
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 Waldschutz
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary proclaimed April 15 as Women's Right to Vote Day in the
City of Saint John, it being the 79th anniversary of this right.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that a Nominating
Committee recommendation for an appointment to the Planning Advisory Committee,
which was considered in Committee of the Whole earlier this date, be added to the
agenda for consideration as item 7 A
Question being taken, the motion was carried.
Councillor Trites expressed concern about the early scheduling of the
City's annual clean-up week for April 20 to 26 in that, as the ground was still wet, it was
not conducive to yard clean-up and so on, and also that there had been little
advertising done to inform the public of the date for the 1998 clean-up week. Mr.
Groody expressed the understanding that there had been advertisements in the
newspaper and that press kits had gone out on this date to ensure that all the various
agencies have the information and can get it out to the public. The Mayor clarified that
clean-up week was different from the clean-up from the ice storm, the latter which
would continue for a few months.
6A. Appointments To Aquatic
Centre Commission
Consideration was given to a letter from Mayor McAlary advising that it
was necessary for Council to approve the respective Councils' nominees, as submitted,
to the Aquatic Centre Commission in view of the City's private legislation for the
Commission, and also that the Quispamsis appointee would be officially approved as
soon as the School Board vacancy was authorized by the Department of Education.
86-932
COMMON COUNCIL
APRIL 14,1998
The initial motion proposed by Councillor Knibb and seconded by Deputy
Mayor Chase to receive and file the above letter and wish the nominees well was
withdrawn upon Mr. Nugent's advice that, apart from the member who was to be
appointed by the Provincial Minister of Education, it was necessary for Council to
actually adopt a resolution appointing the two people named in the above letter.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the following
appointments be made to the Aquatic Centre Commission: Mr. Randy Bell representing
the Town of Grand Bay-Westfield for a term ending September 22, 1999; and Ms.
Margaret Ann Blaney representing the Town of Rothesay for a term ending June 1998.
The Mayor noted that the above terms represented the remainder of
terms of former members who had resigned and, until the private legislation for the
Commission was changed, it would be necessary for Council to approve the
appointments. As to the need for the Minister of Education to appoint a member, Mr.
Nugent expressed the view that, when the legislation was amended to eliminate school
boards, the legislation also provided that the authorities, rights, privileges, etcetera, that
previously had been exercised by school boards would be vested in the Minister and
one of the provisions of the legislation for the Aquatic Centre was that one of the
members would be appointed by the school board.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
7. Reduction Of Port Tariffs
On motion of Councillor Arthurs
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor
Arthurs referring to the Port of Saint John's recent newsletter announcing a reduction in
Port tariffs which should help make the Port more competitive and undoubtedly result in
more jobs; and asking Common Council to congratulate Port management, Port
workers and the Unions on this good news -- be received and filed.
Question being taken, the motion was carried.
*7A. Appointment To PlanninQ Advisorv Committee
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that Donald F. Gillis be
appointed to the Planning Advisory Committee for a term to expire December 31, 1998.
Question being taken, the motion was carried.
8. Re Senior Swingers Senior Citizens Club's
Request For Seniors Advisorv Committee
Consideration was given to a report from the City Manager further to the
November 27, 1997 request to Council by the Senior Swingers Senior Citizens Club for
the establishment of a seniors advisory committee, which was the subject of a follow-up
letter from the Club on March 23, 1998; advising that the Club in question is one Club in
the Loyalist Zone and, at a meeting held on April 2 attended by representatives from
thirty of the forty-one Loyalist Zone seniors clubs, a vote was taken on the proposal to
86-933
COMMON COUNCIL
APRIL 14,1998
establish a seniors advisory committee and the proposal was not supported, and the
consensus from those who opposed forming this committee for the City of Saint John
was that the current autonomy of each group might be lost and there was also some
concern that the formation of this committee would create another level of bureaucracy
and the opportunity for individual clubs to approach Council might be jeopardized; and
submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, (1) a seniors advisory committee for the City of Saint John not be
established at this time; and (2) Mrs. Alice M. Howe of the Seniors Swingers Senior
Citizens Club be advised of Council's decision.
Question being taken, the motion was carried.
9. Re Millidgeville Community PlayPark
Committee's Request For Cost-Sharing
In Development Of PlaVQround
Consideration was given to a report from the City Manager submitting a
recommendation further to the March 16, 1998 presentation on behalf of the
Millidgeville Community PlayPark Committee for the City to cost-share in the
development of a playground at the M. Gerald Teed School.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Common Council (1) support the development of the M. Gerald Teed
School Playground as proposed to Council on March 16, 1998 by the Millidgeville
Community PlayPark Committee; and (2) authorize that the City of Saint John
contribute up to $18,532.99 from the Land for Public Purposes Trust Fund in support of
the development.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
10. Re Request Of South Central Citizens Council
For Information On Communities In Bloom
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager providing information regarding Communities in Bloom in response to the
request to Council at its last meeting from the South Central Citizens Council -- be
received and filed and a copy be forwarded to the South Central Citizens Council.
Question being taken, the motion was carried.
10A. Planning Advisory Committee
Public Street Assent
Ben Lomond Corner
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
86-934
COMMON COUNCIL
APRIL 14,1998
tentative subdivision plan that would vest Parcels "D", "E", "F", "G", "H", "I" and "J" as
part of N.B. Highway No. 820 and N.B. Highway No. 111.
Question being taken, the motion was carried.
11. Soccer New Brunswick
Request For Sponsorship
On motion of Councillor Trites
Seconded by Councillor Waldschutz
RESOLVED that Council regretfully
decline the request of Soccer New Brunswick for the City to sponsor a breakfast buffet
to the delegates of the Annual General Meeting of the Canadian Soccer Association on
May 30.
Question being taken, the motion was carried.
12. Atlantic Coastal Action Program (ACAP)
Saint John - Request For Sponsorship
On motion of Councillor Trites
Seconded by Councillor Waldschutz
RESOLVED that Council respectfully
decline the request of Atlantic Coastal Action Program (ACAP) Saint John for the City
of Saint John to co-sponsor a reception at an international workshop in April.
Question being taken, the motion was carried with Councillor Ball voting
"nay".
13. Poley Mountain Resorts Ltd.
Re Ski Tow At Rockwood Park
Consideration was given to a letter from Poley Mountain Resorts Ltd.
advising that Poley Mountain has been looking for a used handle tow of the design of
the old handle ski tow located in Rockwood Park; and asking, due to the work required
to fix the tow, to remove it at its own expense and no payment to the City, although
Poley Mountain would be prepared to donate a family season pass valued at $1,159 to
the City's Recreation Division to use as a fund raiser or promotion or any way seen fit.
Councillor Knibb proposed a motion, which was not seconded, to refer
the above letter to the City Manager and Council be supportive of the request.
Councillor Trites asked if it was necessary for Council to approve the request, and the
Mayor suggested that Council could let Poley Mountain Resorts Ltd. have the ski tow,
whereupon Councillor Knibb withdrew the motion.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that Council approve the
request of Poley Mountain Resorts Ltd. for the old handle ski tow located in Rockwood
Park and to remove it at its own expense and no payment to the City.
Question being taken, the motion was carried.
14. Keith Taylor, Perivale + Taylor
Work With Saint John Police Force
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Keith Taylor
of Perivale + Taylor providing closure to his work in Saint John and thanking the Mayor
and Council for their support and assistance while he was working with the Saint John
86-935
COMMON COUNCIL
APRIL 14,1998
Police Force -- be received and filed and Mr. Taylor be thanked for his service to the
City.
Question being taken, the motion was carried.
15. Saint John Port Corporation
Sponsorship Of Port Davs
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Saint John Port Corporation advising that, once again, Saint John Port Days will be
held in conjunction with National Transportation Week, June 1-2, and asking for
confirmation of the City's participation again this year -- be received and filed and a
grant of $1,000 be approved.
Question being taken, the motion was carried.
16. Cherry Brook Zoo Inc.
Zoo's StrateQic Plan
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from John
S. Mackay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., submitting the
Zoo's Strategic Plan -- be referred to the City Manager.
In response to the Mayor's suggestion that the above letter could be
received and filed, Councillor Knibb suggested that Council should receive advice from
City staff on some aspects of the Zoo's Strategic Plan, including a reference to the
need for more land, and for some indication with regard to the Zoo's financial
requirements.
Question being taken, the motion was carried.
17. J.H. Wilcox - Abandoned Junked
Vehicle - 1501 Fairville Boulevard
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from J.H. Wilcox
asking for immediate action regarding his complaint about an abandoned junked
vehicle located behind the Stirling Apple premises at 1501 Fairville Boulevard where it
has remained for more than two years in deplorable condition -- be referred to the City
Manager.
Question being taken, the motion was carried.
18. Barbara Munroe - Extension Of
Services To RaQQed Point Road
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the letter from Barbara
Munroe referring to her letter dated March 10 considered by Council on March 16 in
which she asked several questions pertaining to the Council meeting of February 2,
1998; and advising that, although Mr. Groody at the April 6 Council meeting indicated
that the breakdown of costs for water and sewerage extension down Ragged Point
Road was still being worked on, she received a copy of a report to Common Council
dated December 3, 1996 stating the costs of extending the services -- be referred to
the City Manager.
86-936
COMMON COUNCIL
APRIL 14,1998
Question being taken, the motion was carried.
19. Saint John Alpines Baseball Team
Re Sports Field User CharQe
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Saint John Alpines Senior Baseball Team submitting a copy of a letter to the Editor of
the Evening Times Globe newspaper with regard to the controversy over sports field
user charges and the decision of Council to postpone any rate increases -- be received
and filed.
Question being taken, the motion was carried.
19A. Elsie E. Wayne, M.P.
Canada Dav Celebration
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Elsie E.
Wayne, M.P., naming people with whom she recently met who are interested in
organizing an exciting Canada Day celebration and who feel more progress could be
made in their approach to organizations and businesses in the City to support the
program if they were named the official Canada Day Committee; and asking that the
City of Saint John recognize this committee as the official Co-Ordinating Committee for
Canada Day Celebrations for Saint John -- be received and filed and Council accede to
Mrs. Wayne's request.
Question being taken, the motion was carried.
19B. Greater Saint John Economic Development
Commission, Incorporated - Statement Of
1998 Objectives And Proposed BudQet
Consideration was given to a letter from Greater Saint John Economic
Development Commission, Incorporated, submitting (1) a Statement of the 1998
Objectives of the Commission adopted by the Board of Directors and summarizing how
the Commission intends to actively promote economic development and
entrepreneurship in Greater Saint John during 1998; and (2) a proposed budget of the
Commission indicating the expected financial contribution of the Province and the
agreed financial contributions of the four municipalities in Greater Saint John; and
asking that Common Council approve its 1998 Objectives and authorize funding to the
Commission in the amount of $311,450 for 1998.
The Mayor referred to a draft resolution in the above regard prepared by
the City Solicitor and of which Council members had been given copies, and asked Mr.
Nugent to address this matter, noting the discussion at the last Council meeting. Mr.
Nugent commented on the basis of the notion last fall that four municipalities in this
region were receptive to the idea that economic development initiatives would be
focused on a regional, rather than a municipality-by-municipality, basis and the
expectation at that time that legislation would be enacted creating a regional economic
development commission which, by virtue of the legislation, would have the nature and
extent of its authority defined by law so that what it did and the manner in which it
performed its obligations would be established by statute and, presumably, the statute
would have also gone on to describe the obligations of each municipality to fund this
new commission; however, as it turned out, this legislation did not come to be enacted
before the Legislature closed in February. Mr. Nugent advised that, as he understood
the situation, there was a desire or willingness of the four municipalities to still pursue
86-937
COMMON COUNCIL
APRIL 14,1998
economic development initiatives on a regional basis, and the question was what
vehicle or mechanism would allow that to happen before legislation was put in place to
create a statutory body, and a private company was incorporated with the name of
Greater Saint John Economic Development Commission, Incorporated, which was
markedly distinct from the body that would have been created had there been
legislation enacted, one of the essential differences from a municipality's perspective
being the accountability for the activities of that body. Mr. Nugent expressed the view
that Council, if it wished, may allow that body to perform two sorts of functions -
advisory and administrative, and that the above letter reflected these two roles; and
Council, if it adopted the proposed strategy, could authorize the Commission to
administer or implement that strategy; and also that Council, in giving to another body
administrative responsibility, would still be accountable for the activities, making the
policy decision to adopt a particular strategy, thus Council should be comfortable that it
was receiving enough information as to what that strategy would be to be able to say it
is satisfied with what the Commission would do and that what was being described as
the strategy to be followed was one that was consistent with Council's views of what
should be done in the way of economic development initiatives. Mr. Nugent re-iterated
his view that it was improper for a municipal council in New Brunswick to effectively
surrender the power it has been given to make decisions respecting economic
development issues to any other body; but what Council could do was seek the advice
of another body and, if it adopted that advice or, in the context of this discussion, a
strategy, and ask that other body to administer that strategy so that the substantial
decisions were always made by the Council, and the other body would simply be
implementing the decisions made, with Council being accountable for the activities of
this other body because it would adopt as a policy a particular strategy and simply
asking the other body to implement it. Mr. Nugent, referring to the resolution he
prepared, asked Council, in considering the portion adopting the strategy to "Promote
and Encourage the Establishment, Development and Growth of New Businesses and
Industries in the Region" which referred to the portion of the material from the
Commission at the top of page two of the objectives of the Commission, to satisfy itself
that the detail provided by the Commission gave Council comfort in terms of its
understanding of what the Commission would actually undertake on Council's behalf
with respect to that particular aspect of its proposal and, having considered that,
Council should be in a position to decide whether or not it wanted to authorize the
Commission to proceed as the draft resolution would allow.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that Common Council hereby
authorizes the Greater Saint John Economic Development Commission, Incorporated
(the "Commission") to:
1. pursue the development of a comprehensive economic development
strategy for the Region;
2. investigate the inclusion of tourism development for the Region within
the mandate of the Commission;
3. review business park location options in Greater Saint John;
4. develop strategies to promote business and industrial development in
the Region, with the Commission taking a sectorial approach, including the following
sectors for primary support and development - shipbuilding, plastics manufacturing,
metal working, information technology, telecommunications, tourism, medical services
and research, distribution and transportation and retail;
all according to the material submitted to Council under covering letter from the
Commission dated April 9, 1998, and to submit to Common Council for its consideration
the Commission's recommendations in respect of each of those matters:
AND FURTHER that Common Council hereby adopts the strategy to
"Promote and Encourage the Establishment, Development and Growth of New
Businesses and Industries in the Region" as identified in the material submitted to
Council under covering letter from the Commission dated April 9, 1998 and authorizes
86-938
COMMON COUNCIL
APRIL 14,1998
the Commission to administer the implementation of that strategy:
AND FURTHER that Common Council hereby authorizes the delivery to
the Commission of $311,450 upon the condition that it be used solely for the purposes
of the Commission's undertaking the activities identified in the two immediately
preceding paragraphs, and with the express stipulation that the Commission's provision
of small business counselling, consulting and advisory services shall be funded by the
Provincial Government.
During discussion, Mr. Totten clarified that, with regard to funding, in
1997 Enterprise Saint John and the Fundy Region Development Commission were
provided financing in an amount of $510,000 to $515,000, while in 1998 as a result of
Council agreeing to this concept, the total has dropped to $413,000, thus the City
would be in approximately $100,000 in terms of the financial impact; and, concerning
the tourism side and the reference to a committee, advised of the Commission's
appointment of a committee comprised of Helen Halliday, Peter Murray, Dianne
Bormke and Pat Gallagher, and his undertaking to meet with City Tourism staff in this
regard.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk