1998-04-20_Minutes
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COMMON COUNCIL
APRIL 20, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twentieth day of April, AD. 1998, at 4:00 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; P. Woods, Deputy City
Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of
Finance and Commissioner of Corporate 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; 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 Reverend George
O'Coin of Calvary Temple 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 Tuesday, April 14, 1998, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary expressed appreciation to The Honourable Roly
Macintyre, Minister of Advanced Education and Labour, for his Department's approval
of the City's applications for employment grants under the Disaster Fund related to the
ice storm, as referenced at the April 6 Common Council meeting. Mayor McAlary noted
that April 22 was Earth Day, and also noted ACAP Saint John's forthcoming cleanup
project, as well as its May conference.
*Motion To Add Item
On motion of Councillor Brown
Seconded by Councillor Arthurs
RESOLVED that item 20 on the
Committee of the Whole agenda of this date, being the City Manager's report on the
Marsh Creek Flood Control Program, be added to the agenda for consideration at this
meeting.
Deputy Mayor Chase asked if there was some reason as to why the
above item was put in Committee of the Whole and if it were relevant to land, legal or
labour. The Mayor made the observation that the City Manager, in Committee of the
Whole last week, indicated that there were issues involving land which was the reason
staff placed the item in Committee of the Whole. Mr. Totten confirmed the Mayor's
observation and noted that this issue has been the subject of public debate going back
a number of times and, when questioned as to why he chose to put it in Committee of
the Whole last week, he indicated at that time that there was the possibility that this
could affect land negotiations.
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APRIL 20, 1998
Question being taken, the motion was lost, a tie vote having been
created with Deputy Mayor Chase and Councillors Ball, Fitzpatrick, Trites and
Waldschutz voting "nay".
3A. Re 1998 Program For Improvements
Provinciallv-DesiQnated HiQhwavs
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mayor
McAlary submitting a letter from The Honourable Sheldon Lee, Minister of
Transportation, confirming the projects with which his Department was prepared to
assist the City under the Department's shareable component for the 1998 program for
improvements to Provincially-designated highways in municipalities -- be received and
filed.
Question being taken, the motion was carried.
4. Fundy Region Solid Waste Commission's
Waste Diversion Pilot Projects
Consideration was given to a report from the City Manager advising that,
as part of the overall development of waste diversion programs in the Fundy Region, a
Waste Diversion Committee was formed in August 1997 with one of its first tasks
undertaken being the development of pilot projects for the diversion of recyclable
materials and organics from the residential waste stream, and that representatives of
the Fundy Region Solid Waste Commission were prepared to make a short
presentation to update Council on the status of the waste diversion pilot projects.
Consideration was also given to a letter from Don Shaw, Waste
Diversion Coordinator for the Fundy Region Solid Waste Commission, submitting
material on the Fundy Region Diversion Committee pilot projects.
Don Shaw addressed Council on the progress to date of the Fundy
Region Solid Waste Commission's Residential Waste Reduction Pilot Project, earlier
this date having launched in Champlain Heights the curbside recycling/composting pilot
project with the delivery of 240-litre (64-gallon) wheeled organic carts, a 7 -litre
countertop mini-bin, a supply of clear plastic bags for recyclable material, and an
information package describing the project. Mr. Shaw advised that, while carts would
be tested in Champlain Heights, plastic bags would be tested in Lorneville for three
months with a change at that time to biodegradable paper bags for organics disposal,
and that depot systems would be set up at the Lorneville Community Centre and, at the
request of the Sobeys Group, one would be set up in Grand Bay on Sobeys' property.
Mr. Shaw responded to questions in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above
correspondence regarding the Fundy Region Solid Waste Commission's waste
diversion pilot projects be received and filed.
Question being taken, the motion was carried.
5. Location Agreement For Use Of
City Hall As FilminQ Location
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the entering into of the submitted Location
Agreement between the City of Saint John and Productions de film SD Inc., with regard
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to the use of several offices on the 8th Floor of the City Hall building for various scenes
in the filming of the motion picture titled "In Self Defence".
Question being taken, the motion was carried.
6. HIP Applications #59 and #60
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
applications: (1) HIP #59 - Barsa Ventures Ltd. for an estimated grant of $40,000 with
regard to a development in Monte Cristo Park; and (2) HIP #60 - Harbour View Homes
for an estimated grant of $19,200 with regard to a development on Balmoral Crescent.
Question being taken, the motion was carried.
7. Municipal Services Easement
AlonQ Cheslev Drive
Consideration was given to a report from the City Manager referring to
Council's authorization on November 18, 1996 of the exchange of lands between the
City of Saint John and various Irving-owned companies, the subject lands being
primarily located in and around the Chesley Drive area and the purpose of the
exchange being to settle a 25-year old issue surrounding the vesting of Chesley Drive
as a public street and Urban Renewal land matters; advising that all title searches and
survey work have been completed and it has now become apparent that an easement
must be reserved to protect municipal services located on the northwest side of
Chesley Drive; and seeking Council's approval for the assent of a municipal services
easement as generally shown on the submitted plan.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council give assent to the 6-metre wide (more or less)
municipal services easement along Chesley Drive, as generally shown on or illustrated
as the shaded area on the submitted photo-reduced plan.
Question being taken, the motion was carried.
8. Re Eastside Welding Ltd.
945 Old Black River Road
Consideration was given to a report from the City Solicitor addressing
two issues: (1) is a welding school a permitted use of the property at 945 Old Black
River Road, given the provisions of the City's Zoning and Municipal Plan By-Laws; and
(2) was the Planning Advisory Committee decision of March 10, 1998 to authorize the
operation of a welding school on the site for a temporary period of one year within the
Committee's jurisdiction; and summarizing his opinion to the effect that (1) there is a
sound basis for concluding that there is no conflict between the Municipal Plan By-Law
and the Zoning By-Law respecting the use of the site in question by Eastside Welding
Ltd., the Zoning By-Law determines the purposes for which the site may be used, and a
welding school is not a permitted use of the site; and (2) the Planning Advisory
Committee was acting within its jurisdiction in authorizing operation of the school for a
one-year period.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the above report from the
City Solicitor be received and filed.
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Mr. Nugent summarized his report to the effect that, having reviewed this
situation, there was a sound argument to support the view that the Zoning By-Law
determines the uses that may be made of the site in question and further that the
Zoning By-Law does not permit a welding school use to be made of the site, and also
that, with respect to the decision of the Planning Advisory Committee to grant
authorization for the operation of a welding school for a temporary period of one year,
the Planning Advisory Committee was operating within its jurisdiction when it made that
decision, which is to say that the decision is operative and the school can operate for a
temporary period of one year. Mr. Nugent explained that the heart of the entire issue
was one of the meaning of certain provisions of the Community Planning Act and
statutory interpretation was a fertile field for legitimate disagreement among lawyers
based upon the language used in the statute and, in this particular case, it was fair to
say that the provisions in play in the Community Planning Act, particularly section 27
and 27.1, truly admit of some disagreement as to their meaning and effect, and the
view expressed in his report was supportive of the manner in which the City has
historically dealt with similar situations; and suggested that, while he believes it to be
clearly defensible, it would be helpful for a court to review the competing arguments
and provide a definitive response, although, if the matter were to go before a court, it
would be a case where the language was not so clear that he could say with any
measure of certainty what the outcome would be of that application. As to what, if any,
jurisdiction the Planning Advisory Committee would have after that one-year period, Mr.
Nugent expressed the view that, at the end of the year, the Planning Advisory
Committee's jurisdiction would be limited inasmuch as there must be a cessation of the
use of that particular site for the purpose in question and that it was certainly not within
the intention of the Act that the Committee could entertain a further, or a new,
application that would seek authorization for what in effect would be a continuance of
that use and, in the particular circumstances based upon the evidence presented to
him, the operators had taken the position that they could cease their operation and not
resume until the matter had been resolved, which seemed to him to be a bonafide
indication that they were going to respect the position that the City would take vis-a-vis
their right to operate under the terms of the Zoning By-Law. Mr. Nugent explained that,
in every case, when an application was made to the Planning Advisory Committee, it
would be a critical consideration for the Committee to assess the bonafides of the
applicant; that is to say that, if someone were to receive authorization for a temporary
period of a year and at the end of the year the applicant closed down for a period of
time and then returned to the Committee with a new application, the Committee would
have to assess the bonafides of that situation and, clearly, would be well advised in his
view to reject that application because it would be no more than an attempt to get
around the operation of the Act which he believed was intended to operate to give a
person, at the very maximum, a one-year opportunity to undertake a certain use and, at
the end of that one year, it was gone and, if that person wanted to proceed beyond
that, it would be necessary to amend the By-Law.
Question being taken, the motion was carried.
9. Zoning By-Law Amendment To
Re-Zone 271 KinQ William Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-466 A 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 third time and enacted and the Corporate
Common Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-466 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.
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10. Zoning By-Law Amendment
To Re-Zone 108 Hazen Street
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-467 A 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), previously known as 108 Hazen
Street, also identified as NBGIC Number 15289, from "RM-1 F" Multiple Residentiallnfill
to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted
and the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-467 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.
11. Zoning By-Law Amendment To
Re-Zone 540 Westmorland Road
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-Law
Number C.P. 100-468 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land located at 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, be read a third time and enacted and the Corporate
Common 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 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.
The by-law entitled, "By-Law Number C.P. 100-468 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 Gould
voting "nay".
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12. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Tuesday, April 14, 1998, when
there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Trites and Waldschutz, and your Committee submits the
following recommendations, namely:-
1. That the City discontinue the lease with Anthony Bruce Mowery doing
business as The Lancaster Fitness Centre for the rental of the mezzanine level of the
Lancaster Centennial Arena in view of the rental arrears, and require the immediate
vacation of the premises.
2. That as recommended by the City Manager, Common Council approve
the following Establishment changes: (1) eliminate the position of Human Resources
Manager - Level 5; (2) change the title of Mr. John Mcintyre from Industrial Relations
Manager to Human Resources Manager; and (3) create a new Personnel Officer
position - Level 4.
3. That as recommended by the City Manager, Council approve the
creation and addition to the establishment of a new position to be known as Insurance
and Claims Officer, Local 486, Group 9, and further that Council authorize the
incumbent to accept or deny liability and, where liability is accepted, to negotiate
settlement, of all insurance claims up to the limits of the deductible amounts of the
policies.
4. That the three metered vehicle vendor sites on King's Square North be
removed from the list of vendor sites.
April 20, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
12.1. Lease Of Mezzanine Level
Lancaster Centennial Arena
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that section 1 of the
above report be adopted.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Gould voting "nay".
12.2. Establishment Change
Human Resources Division
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that section 2 of the
above report be adopted.
Question being taken, the motion was carried.
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12.3. Establishment Change To
Create And Add New Position
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that section 3 of the
above report be adopted.
Question being taken, the motion was carried.
12.4. Deletion Of Three Vendor Sites
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
13. Planning Advisory Committee - Assent
To Municipal Services And Public
Utilitv Easements 540 Westmorland Road
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to a subdivision plan for the
proposed lot at 540 Westmorland Road with respect to any required municipal services
easements and public utility easements.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
14. City Of Saint Pension
Plan - 1997 Annual Report
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the 1997 Annual Report of
the City of Saint John Pension Plan be received and filed.
Mayor McAlary expressed appreciation to Councillor Knibb for acting as
Chairman of the Pension Board in her stead.
Question being taken, the motion was carried.
15. Environment Committee
1997 Annual Report
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
Environment Committee updating Council regarding its activities for the period January
1, 1997 to December 31, 1997 -- be received and filed with appreciation for the
Committee's work.
Question being taken, the motion was carried.
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16. Minister Of Municipalities, Culture And Housing
ChanQes Within Department And LeQislation Passed
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from The
Honourable Ann Breault, Minister of Municipalities, Culture and Housing, informing
Council of a number of changes in staffing in her Department, and submitting a brief
summary of several pieces of legislation passed in the last session of the Legislature
which have specific relevance to municipalities, including Bill 14 an Act to amend the
Municipalities Act which clarifies the process for future amalgamation, Bill 42 the
Edmundston Act 1998 to create the new City of Edmundston, Bills 60 and 61 Acts to
amend the Elections Act and the Municipal Elections Act representing major changes to
the municipal and Provincial election processes resulting from the recommendations of
the Select Committee on Electoral Reform, and Bill 62 the Greater Saint John Regional
Facilities Commission Act providing for the creation and operation of the Saint John
Regional Facilities Commission -- be received and filed.
Question being taken, the motion was carried.
17. Atlantic Health Sciences Corporation
Re Health Status Report 1997
On motion of Councillor Waldschutz
Seconded by Deputy Mayor Chase
RESOLVED that the letter from the
Atlantic Health Sciences Corporation submitting a copy of its Health Status Report
1997 representing a compilation of information from an original Community Survey, as
well as information from existing databases describing the health status of the residents
of Health Region 2 -- be received and Council accept the Corporation's offer to make a
presentation in this regard.
The initial motion proposed by Councillor Knibb and seconded by Deputy
Mayor Chase was to receive and file the above letter, Councillor Knibb having
withdrawn as mover of the motion upon Councillor Waldschutz's suggestion that
Council should accept the Corporation's offer to present its report.
Question being taken, the motion was carried.
18. Petition From Residents Of McLaughlin
Road Re PavinQIChipsealinQ Of Road
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the petition from
residents of McLaughlin Road requesting the paving/chipsealing of McLaughlin Road --
be referred to the City Manager.
Question being taken, the motion was carried.
19. Exhibition Association Of The City
And County Of Saint John - Confirming
GrantinQ Of Easement AlonQ Braemar Drive
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the Exhibition
Association of the City and County of Saint John confirming its agreement to grant a
ten-metre (thirty-foot) easement along the rear lot lines of Braemar Drive, Forest Hills,
on lands owned by the Exhibition Association, for the purpose outlined in
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recommendation two of the Planning Advisory Committee's recommendations of April
9, 1998 which were considered by Council on Tuesday, April 14, 1998 -- be received
and filed and the Association be thanked for its cooperation in this regard.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Arthurs
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