1998-11-02_Minutes
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COMMON COUNCIL
NOVEMBER 2, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the second day of November, A.D. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus, Trites and White
- and -
Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Groody, Commissioner of Municipal
Operations; S. Galbraith, Director of Works; J. Baird, Manager of
Community Planning; W. Edwards, Building Inspector; D. Logan,
Purchasing Agent; R. Simonds, Deputy Fire Chief; C. Cogswell,
Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C.
Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Reverend James Fudge
of the First United Pentecostal Church and Chaplain of the Saint John Police Force
offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on October 26, 1998, be approved.
Question being taken, the motion was carried.
3(a) Zoning By-Law Amendment Re SZ#1
Re-ZoninQ 1770 ManawaQonish Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-Law amendment to (i) add Special Zone
#1 (SZ#1) to the list of zones in Section 30(1), and its uses and standards as Section
740; and (ii) re-zone a parcel of land located at 1770 Manawagonish Road (NBGIC
Number 397877), having an area of approximately 2.1 acres, from RF" Rural to "SZ#1"
Special Zone #1, to permit the expansion of an existing retail fruit and vegetable store, in
a new building or addition to the existing building, as well as the operation of a wholesale
produce business in conjunction with the retail operation, as requested by Pumpkin
Patch (1998) Ltd. - Neil Lingley, and 3{c) twenty-eight written objections were received in
this regard, as well as a letter from the solicitor for the applicant (copies of which were
distributed to Council members at this meeting) requesting to withdraw the application.
3{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff reports dated September 11, 1998 and
July 31, 1998 and other correspondence in favour and against the above application,
considered at the Committee's August 4, 1998 and October 13, 1998 meetings at which
presentations were made in favour of and in opposition to the above application;
advising that, further to the Committee's tabling of the application on August 4 and its
instruction that Community Planning arrange a meeting between the applicant and
representatives of the objectors in order to explore whether or not various modifications
to the development might resolve the concerns, a meeting was held but a consensus
could not be reached; and recommending that the proposed amendment to the Zoning
By-Law be denied.
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3{d)
Consideration was also given to a letter from Randall A. Hatfield of the
law firm of Gorman Nason, on behalf of Neil Lingley of the Pumpkin Patch Ltd.,
commenting on Mr. Lingley's proposal to improve the facilities of the Pumpkin Patch by
combining the wholesale and retail operations of the business into one location, and
addressing concerns put forth with regard to traffic, dust and litter, noise, the size of the
building, decrease in property values, a warehouse, and a year-round operation.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that Common Council accept the
request of Randall A. Hatfield of the law firm of Gorman Nason, on behalf of Pumpkin
Patch (1998) Ltd. - Neil Lingley, to withdraw the application for the re-zoning of property
at 1770 Manawagonish Road.
Question being taken, the motion was carried.
4(a) Amendment To Section 39 Conditions
Re-ZoninQ Of 1120 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the December 22, 1986 re-zoning of the property situated at 1120 Loch Lomond
Road (NBGIC Number 55098420), to permit the construction of a multi-bay automotive
service centre and gas bar, as requested by John Cudmore Enterprises Inc., 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 and letters considered at the
Committee's October 27, 1998 meeting at which the applicant, Ronald Scott, expressed
support for the staff recommendation and indicated willingness to carry out the
suggested site improvements, and there were a number of presentations by area
residents in concern about traffic congestion and visibility, trailer trucks parking along
Hickey Road, the lack of adequate sidewalks in the general area and through traffic over
the subject properties, and several convenience store owners expressed concern
regarding the proposed development which would include a 35-square meter (378-
square foot) convenience store in conjunction with the service station and gasoline bar,
and the applicant suggested that further amendments could be made to the site plan in
order to address some of these concerns, in particular, a new commercial access could
be situated further south in order to improve visibility. The report advises of the
Committee's amendment to the staff recommendation in order to require the proposed
development to be situated on the Loch Lomond Road portion of the property thereby
locating the commercial project away from the street curvature on Hickey Road and be
further away from the Tim Hortons restaurant; and sets out a recommendation in this
regard.
David Bingham of Palmer Street appeared before Council in opposition to
the proposed amendment for two reasons, one business-related, the other traffic-related;
and expressed the view, as the operator of a family business - a convenience store on
Hickey Road just down the street from where the proposed business would be located,
that there are enough convenience stores in the area and the proposed convenience
store would be detrimental to his business and future; and he advised the results of a
survey of the immediate area whereby he discovered that, within one kilometre of the
subject property, there were eighteen gas pumps, five convenience stores and four
service bays making up six individual businesses. Mr. Bingham addressed his traffic-
related concern based on his eleven years in the area where traffic has grown with the
location of businesses such as Home Hardware and Tim Hortons and with traffic to the
trade school making it a very congested corner.
Harold Bruce of Bruce Lane, directly across from the subject location,
spoke in opposition to the proposed amendment because of the traffic at the corner
where bus stops, both public and school, were located; and, with regard to a proposed
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NOVEMBER 2, 1998
change of location for the operation to the Loch Lomond Road side, made the
observation that there was a lot of traffic there, too, and it would be right on the knoll
which would be very dangerous.
Roland Montyr of 1414 Hickey Road addressed Council in opposition to
the proposed amendment because of his concern with the traffic as it is too hectic and
with the school children not having any sidewalks or crosswalks on that section of
Hickey Road.
Patty Davis appeared in opposition to the proposed amendment and
advised that, while she was not opposed to the five-bay garage, the convenience store
and gas bar would definitely affect her and her husband's business - a convenience
store and gas bar within one-eighth of a mile from the proposed operation.
Ronald Scott of Gondola Point, speaking in support of the proposal,
referred to artist's sketches of the proposed building, site plans and building and ground
layouts (copies of which were distributed to Council members at this time), to apprise
Council of changes made in terms of the access on Hickey Road being moved over to
accommodate more room closer to the corner for better visibility and the alignment of the
gas pumps, subsequent to his appearance before the Planning Advisory Committee.
With regard to traffic, Mr. Scott advised of a proposal, with Home Hardware within the
next six months, to move traffic so that it could access the site off Hickey Road and exit
from the Loch Lomond Road area in an attempt to alleviate as much traffic as possible
off Hickey Road in the Tim Hortons area, and transport trucks would be basically more in
the front yard and parked on the property rather than on the street.
On motion of Deputy Mayor Chase
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the Section 39 conditions
imposed on the December 22, 1986 re-zoning of the property situated at 1120 Loch
Lomond Road (NBGIC Number 55098420), in order to allow the proposed mutli-bay
automotive service centre and gasoline bar on the following conditions: (a) the proposed
automotive service centre and gasoline bar be located in the northwestern portion of the
subject property adjacent to the Loch Lomond Road; (b) barriers, or other suitable
measures acceptable to the Chief City Engineer, be placed on the subject property to
discourage through traffic from Loch Lomond Road to Hickey Road; (c) concrete curbing
and sidewalk must be installed along the full frontage of the development site; (d) any
existing landscaping within the street right-of-way must be maintained, except the area
for a new commercial access; (e) the site and new driveway entrance must be paved
with asphalt and enclosed by continuous poured-in-place concrete curbing; (f) drainage
facilities must be installed to the satisfaction of the Chief City Engineer; (g) the site must
be developed in accordance with a detailed site plan, prepared by the proponent, and
approved by the Development Officer, illustrating the above-mentioned requirements; (h)
the Development Officer, except for site preparation and foundation, shall endorse no
building permit until the required site plan is approved and attached to the building
permit; and (i) all work shown on the approved site plan, except for landscaping, must be
completed prior to the operation of the business, and landscaping must be completed
within one year of building permit approval.
On the issue of traffic, Mr. Baird noted the need to address the concern,
in the context of continuing development in East Saint John, about the congestion and
amount of traffic at Loch Lomond Road, especially as it approaches McAllister Drive and
at the Hickey Road traffic light, but the proposal itself and the nature of the traffic
problem there was not considered to be something for which the developer would have a
particular obligation with respect to responding to or making specific improvements,
other than the sidewalk and curbing work suggested by staff. As to the Planning
Advisory Committee's recommendation on the location of the proposed development,
Mr. Baird advised that the Committee had recommended that this development occur on
the Loch Lomond Road frontage and not as the proposal put forward at this meeting by
Mr. Scott who would prefer it on the Hickey Road side with the improvements and, upon
Councillor Trites' observation that the Committee's recommendation for the development
to be located in the northwestern portion of the subject property adjacent to the Loch
Lomond Road appeared to be the same location as requested by Mr. Scott, Mr. Baird, in
concurring with this observation and suggesting that the person who drafted the report
got the east and west mixed up for which he apologized, clarified that, given the
discussion at the Planning Advisory Committee meeting, quite clearly the intent was that
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the development, in the Committee's view, should occur on the eastern side of the
Hardware store with access from Loch Lomond Road, and it was quite clear that the
applicant preferred the location to the western side of the store; so, if the
recommendation were adopted as written, the development would occur on the
northwest side of the store on the Hickey Road side. Mr. Baird, in confirming that the
applicant's requested location was that recommended by the Committee, suggested
that, to be totally clear, the reference to Loch Lomond Road should be deleted from (a)
in the above recommendation as it added further confusion to it as, clearly if it were on
the western side, it would access Hickey Road.
Councillor Fitzpatrick proposed an amendment to the motion, as
considered by the Planning Advisory Committee that would get traffic off Hickey Road
onto Loch Lomond Road. Councillor Trites, on a point of order, asked if Council, without
at least some clarification from the Planning Advisory Committee in writing, had the
latitude to change the Committee's recommendation because somebody typed it wrong,
and suggested that Council should refer it back to the Committee for clarification on the
recommendation.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the above matter be
referred back to the Planning Advisory Committee for clarification on its
recommendation.
During discussion Deputy Mayor Chase, on a point of order, asked that
the City Solicitor address what it means for Council to sit as a quasi-judicial body under
the Community Planning Act in a public hearing process.
Question being taken, the referral motion was carried.
5(a) Amendment To Section 39 Conditions
Of Re-ZoninQ Of 640 McAllister Drive
The Common Clerk advised that the necessary advertising was
completed with regard to amending the Section 39 conditions imposed on the 1988 re-
zoning of a parcel of land located at 640 McAllister Drive (NBGIC Number 436675),
having approximately 366 metres (1200 feet) of road frontage along McAllister Drive and
34 metres (115 feet) of frontage along Loch Lomond Road and an area of approximately
10 hectares (24.7 acres), to permit the property to have two poster panel signs, one on
McAllister Drive and the other on Loch Lomond Road, as requested by Pattison Outdoor
Advertising, and no written objections were received in this regard.
5{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
October 27 meeting at which Bruce Richardson, Manager of Planning and Development
for Pattison Outdoor Inc., indicated his agreement with the staff recommendation and no
one spoke against the proposal; and setting out a recommendation in this regard.
Bruce Richardson, Manager of Planning and Development for Pattison
Outdoor Inc. for the Atlantic Provinces, appeared in support of the proposed amendment
and advised that he concurred with the Planning Advisory Committee's recommendation,
there having been no development of the specific site since the original Section 39
request to amend this portion occurred in 1988 and that, in discussion with the subject
land owner, there was no intention for any development in the near future. Mr.
Richardson also advised of the arrangement reached with City staff whereby there would
be a finite time period in which a poster panel would be allowed on McAllister Drive for a
five-year time period, at which time perhaps development would occur as originally
outlined in the Section 39 amendment in 1988 and, in addition, the proposal was to
place another poster panel sign in a commercial area along Loch Lomond Road.
Councillor Trites asked if the sign on Loch Lomond Road would be a
double sign similar to the one that was currently on McAllister Drive and if the Loch
Lomond Road sign would be located just prior to the traffic intersection between Loch
Lomond Road and McAllister Drive to which Mr. Richardson replied in the affirmative,
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On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council amend the proposal that was adopted
on September 12, 1988 pursuant to Section 39 of the Community Planning Act in
conjunction with the "1-1" Light Industrial zoning for the property identified as NBGIC
Number 436675, also known as 640 McAllister Drive, to permit the following: (1) one
poster panel sign be permitted on Loch Lomond Road, subject to Section 840(5) of the
Zoning By-Law; and (2) a poster panel sign be permitted on McAllister Drive for a period
of five years commencing from the date of the issuance of a building permit, subject to
Section 840(5) of the Zoning By-Law.
Councillor Trites asked if there were a safety implication of having a
large-double paneled sign so close to a very major and busy intersection to which Mr.
Baird replied that that specific issue had not been looked at as being a problem and,
while it may be a concern, there was not a standard that addressed or said that such
signs must be separated from any traffic-signalized intersection. Councillor Trites
advised that he would have to oppose the motion to support both signs and, although he
would support the sign on McAllister Drive, he would have difficulty supporting the other
sign unless he saw some research on proximity in an area where there was a busy
convenience store and a fire station across the street.
Question being taken, the motion was carried with Councillors Titus and
Trites voting "nay".
6(a) Amendment To Section 39 Conditions &
Re-ZoninQ Of 1954 ManawaQonish Road
The Common Clerk advised that the necessary advertising was
completed with regard to (i) a proposed amendment to the Section 39 conditions
imposed on the April 5, 1988 re-zoning of a parcel of land located at 1954
Manawagonish Road (now having NBGIC Number 55057194), as amended on January
30, 1995, to permit a revised proposal; and (ii) the proposed re-zoning of a parcel of land
located adjacent to 1954 Manawagonish Road (a portion of NBGIC Number 403618),
having a width of approximately 20 metres and an area of approximately 2100 square
metres, from "B-2" General Business to "1-1" Light Industrial classification, to permit the
side yard of the property at 1954 Manawagonish Road to be used for outdoor storage of
finished products, and to permit the adjacent portion of NBGIC Number 403618 to be
consolidated and used in conjunction with the light industrial use of 1954 Manawagonish
Road, as requested by Hughes Surveys & Consultants Ltd. on behalf of Digger Holdings
Ltd., and no written objections were received in this regard.
6{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
October 27 meeting at which no persons attended in favour of or opposed to the
proposal and no letters were received; and setting out a recommendation to amend the
Section 39 conditions imposed on the re-zoning of a parcel of land located at 1954
Manawagonish Road, and to re-zone a parcel of land located adjacent to 1954
Manawagonish Road, subject to a resolution pursuant to Section 39 of the Community
Planning Act setting out the following conditions: (a) the re-zoned area must be
consolidated with the adjacent property at 1954 Manwagonish Road no later than
December 31, 1998, and shall be limited to the following uses in conjunction with the use
of 1954 Manawagonish Road: (i) a radiator shop, a gas tank repair shop, a muffler shop
and the manufacture of a corrosion resistant sealer; (ii) storage and manufacturing of
fencing products and related office and sales activities; and (iii) other manufacturing and
warehousing uses permitted in the "1-1" Light Industrial zone, provided that: the
manufacture of products occurs within the building; 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 the existing on-site sewage system is protected
and maintained in a manner which is acceptable to the N.B. Department of Health until
such time as the site is connected to City sewers; (b) any outside storage of material or
equipment relating to any of the permitted uses is restricted to the rear yard of the site,
except that storage of finished products is permitted in the side yard; (c) the site shall not
be developed or redeveloped except in accordance with a site plan to be prepared by
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the proponent and subject to the approval of the Development Officer; and (d) all
building and site development shall be completed within one year of approval of the
required site plan.
Richard Turner of Hughes Surveys & Consultants Ltd. appeared in
support of the proposed amendments, and advised that his client was aware of, and
concurred with, the Planning Advisory Committee's recommendation.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council amend the Section 39 conditions
imposed on the April 5, 1988 re-zoning of a parcel of land located at 1954
Manawagonish Road (now having NBGIC Number 55057194), as amended on January
30, 1995, to permit outdoor storage of finished products in the side yard.
Question being taken, the motion was carried.
On motion of Councillor Trites
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 adjacent to 1954 Manawagonish Road, having a width of approximately 20
metres and area of approximately 2100 square metres, also identified as being a portion
of NBGIC Number 403618, from "B-2" General Business to "1-1" Light Industrial
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Court
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
located adjacent to 1954 Manawagonish Road, having a width of approximately 20
metres and area of approximately 2100 square metres, also identified as being a portion
of NBGIC Number 403618, from "B-2" General Business to "1-1" Light Industrial
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
7. Mayor's Remarks
* Added Items
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the City Manager's
report on the 1999 budget deliberations, which was on the Committee of the Whole
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agenda of this date under item 23, and an application for re-zoning of property at 88
Milford Road (copies of which were distributed to Council members at this meeting), be
added to the agenda of this meeting for consideration as items 7A and 18B, respectively.
Question being taken, the motion was carried.
Mayor McAlary extended condolences to Fire Chief Glen Tait and his
family on the passing of his step-father, Thomas S. Simms, Sr., who passed away earlier
this date. The Mayor proclaimed November 5 to 11 as Veterans Week, November 1 to 7
as Crime Prevention Week, November as Diabetes Month, Family Violence Prevention
Month, CPR Month, and the People's Resolution for a United Canada Month.
*7 A. 1999 BudQet Deliberations
Consideration was given to a report from the City Manager
recommending the deletion of the General Policy Statement on budget deliberations as
adopted by Council on October 6, 1997 and the adoption in its place of a revised
General Policy Statement as set out herein.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the General Policy Statement on budget deliberations as adopted by Council
on October 6, 1997 be deleted and the following revised General Policy Statement be
adopted in its place:
City of Saint John Budget Deliberations
General Policy Statement
It shall be the policy of Common Council of the City of Saint John to:
A. Refer all budget submissions from boards, agencies, commissions and other
parties to staff for inclusion in a preliminary budget document for Council's
consideration. Council will reserve the opportunity to request a formal
presentation from any of these groups should the nature of their request warrant.
B. Direct the City Manager to prepare a preliminary budget for City departments on
the basis of maintaining existing service levels at current costs.
C. After the preliminary budget has been prepared, and Council and staff have
identified the significant issues, Council direct the City Manager to prepare a
report for open session.
D. Refrain from making decisions until such time as all submissions and requests
have been received and the City Manager has had the opportunity to provide a
draft budget in its entirety.
E. Acknowledge that the budget preparation cycle is not completed until such time
as the City Manager brings forth to open session the recommended annual
Operating and Capital Budgets, and the Budgets receive the majority support of
Council.
Question being taken, the motion was carried.
8. Re November 9 Council MeetinQ
Read a letter from Mayor McAlary referring to an earlier discussion about
not having an open session of Council on November 9, 1998 as this time would be set
aside for a working session for Council commencing at 4:30 p.m.; and noting the need to
approve a motion in this regard.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the Common Council
meeting of November 9, 1998 be cancelled.
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Question being taken, the motion was carried.
9. Tender For Supplv Of Salt
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the tender of Cargill Salt Co., in the amount of $40.37/tonne, be
accepted for the supply of highway salt for the period ending April 1 , 1999.
Question being taken, the motion was carried.
10. Fire Prevention I Building
Inspector's Office - Inspections
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the report from the City
Manager responding to questions put forth at the October 19, 1998 Council meeting on
the types of inspections carried out on properties located in the South End of the City
and the realm of authority that exists for carrying out these inspections; and addressing
the activities of the Saint John Fire Department regarding property inspections -- be
received and filed.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
11. Release Of Options To Purchase
Lands 1057 Fairville Boulevard
Read a report from the City Manager submitting information from the
Legal Department with regard to a request from James D. Murphy, on behalf of Ben's
Limited, with respect to the title to property owned by the Company at 1057 Fairville
Boulevard that was conveyed subject to options in favour of the City of Lancaster to
repurchase the land conveyed, for a formal release of the options from the City of Saint
John as successor in title to the City of Lancaster; and setting out an appropriate
resolution for Council's adoption.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the City of Saint John
formally release in favour of Ben's Limited the options to purchase lands as set forth in a
deed from the City of Lancaster dated November 19, 1964 and registered in the Saint
John County Registry Office on April 5, 1965 in book 526 at page 155 as No. 201215,
and the Mayor and Common Clerk be authorized to execute such release.
Question being taken, the motion was carried.
12. Further Amendment To Council
Resolution Sale Of Land 189 Visart Street
Consideration was given to a report from the City Manager advising of the
need for a further amendment to Common Council resolution of March 16, 1998
approving the sale of land at 189 Visart Street to John and Shirley Kyle, which was
amended on September 21, 1998 to extend the closing date to October 31, 1998, as Mr.
Kyle was not available to close this transaction, and a further extension was being
requested.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council further amend its resolution of March 16, 1998 for the sale of
the property at 189 Visart Street to John and Shirley Kyle to extend the closing date to
on or before November 15, 1998.
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(Deputy Mayor Chase withdrew from the meeting.)
Question being taken, the motion was carried.
13. Chief Of Police - Responsible Use Initiative
Read a letter from the Chief of Police asking that Council grant approval
for Moosehead Breweries Limited's responsible-use initiative again this year in Saint
John during the upcoming Christmas season, as requested in the submitted
correspondence.
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that approval be granted for
Moosehead Breweries Limited's responsible-use initiative involving the placement of
thirty-five vinyl signs on telephone poles in the Saint John area, focusing on the West
Side around the Brewery and the downtown core, silk-screened with a "please don't
drink and drive" message.
Question being taken, the motion was carried.
14. Budget Approval Process - Fundy
ReQion Solid Waste Commission
Consideration was given to a report from the City Solicitor responding, in
writing, further to his verbal responses at Council's October 25, 1998 meeting, to a
number of questions concerning the voting process of the Fundy Region Solid Waste
Commission as that process applies to the Commission's approval of its annual budget;
commenting on approval of an annual budget as defined in the Regional Solid Waste
Commission's regulation under the Clean Environment Act, the consequence of a
Commission's inability to approve an annual budget, and notice of vote on an annual
budget; and expressing the opinion that a notice received October 23, 1998 complies
with the legislative requirements should the vote be taken at the Commission meeting
held on November 23, 1998, although if the vote is to be taken at a subsequent meeting,
then a further notice will be required.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the above report from the
City Solicitor be received and filed.
(Deputy Mayor Chase re-entered the meeting.)
The Mayor made the observation that, according to the minutes of the
Commission's October 22, 1998 meeting (copies of which were forwarded to Council
members as an information item), a Councillor from Hampton was present as an
alternate for Ken Chorley, although it appears from the City Solicitor's above report that
an alternate was not allowed. Mr. Nugent advised that it was very clear that the
legislation did not provide for an alternate and, based upon the by-laws that he had been
provided from the Commission, those by-laws make it explicitly clear that proxy voting
was prohibited; although he would certainly inquire into what the Mayor pointed out.
Question being taken, the motion was carried.
15.1. 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, October 26, 1998, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
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Court, Desmond, Fitzpatrick, Vincent and White, and your Committee submits the
following recommendation, namely:
1. That Mayor Shirley McAlary, Deputy Mayor Derek Chase, Councillor
Stephen Fitzpatrick and Councillor Mel Vincent be appointed to the Emergency
Measures Committee, in accordance with Section 3(c) of the Saint John Emergency
Measures By-Law.
November 2, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
15.1. EmerQencv Measures Committee Appointments
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the above report be
received and filed:
AND FURTHER that the Mayor, Deputy Mayor Chase, Councillor Bernard
Desmond and Councillor Vincent be appointed to the Emergency Measures Committee,
in accordance with Section 3(c) of the Saint John Emergency Measures By-Law.
Mayor McAlary advised that Councillor Fitzpatrick indicated he would not
be able to attend meetings of the Emergency Measures Committee because of his work
commitment.
Question being taken, the motion was carried.
16. Planning Advisory Committee
Street & Municipal Services
Easement Assent - 49 Mill Street
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted revised
tentative subdivision plan for the proposed Red Rose Tea site and adjacent parking lot
at 49 Mill Street with respect to the following: (a) vesting portions of NBGIC Numbers
55074348,00037432,00037424 and 00038919 and a portion of a roadway formerly
known as Drury Lane, having a combined area of approximately 273 square metres
(2,939 square feet), as part of the Union Street/Mill Street public right-of-way; (b) vesting
a portion of NBGIC Number 00038919, having an area of 6.7 square metres (72 square
feet), as part of the Mill Street public right-of-way; and (c) vesting a municipal services
easement over the former North Street right-of-way.
Question being taken, the motion was carried.
17. Fort LaTour Development Authority
Re Sewer Outlet At Fort LaTour Site
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from the Fort
LaTour Development Authority asking that priority be given to termination of the sewer
outlet at the Fort LaTour site as its continuance as an open sewer will hinder the proper
development of the site as a major tourist and historical attraction -- be referred to the
City Manager.
Question being taken, the motion was carried.
87-254
COMMON COUNCIL
NOVEMBER 2, 1998
18. Saint John Horticultural Association Re
Nominee To Rockwood Park Advisory Board
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from the Saint
John Horticultural Association asking that Council confirm its nominee - John Noddin, as
a member of the Rockwood Park Advisory Board, there being one vacancy on the Board
for nomination by the Association -- be received and filed and Council confirm the
Association's nominee to the Rockwood Park Advisory Board.
Question being taken, the motion was carried.
18A. Saint John Board Of Trade
Re MeetinQ With Council
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letter from Linda G.
Forestell, President of the Saint John Board of Trade, advising that she was delighted to
hear of the Mayor and Council's interest in meeting with the Board on November 18 at
4:30 p.m. and that she has scheduled space for this meeting in the Allison Rooms at the
Delta Brunswick Hotel to informally discuss a range of issues impacting the Greater
Saint John community -- be received and filed.
Question being taken, the motion was carried.
*18B. G. Allen Lawson & Deborah J. Lawson
Re-ZoninQ Property At 88 Milford Road
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the application of G.
Allen Lawson and Deborah J. Lawson for the re-zoning of property at 88 Milford Road be
referred to the Planning Advisory Committee for a report and recommendation and the
necessary advertising be authorized in this regard, with the public hearing to be held on
Monday, December 14, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk