1998-12-07_Minutes
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COMMON COUNCIL
DECEMBER 7,1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the seventh day of December, AD., 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus, Trites, Vincent and White
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; S. Galbraith, Director of Works; J. Baird,
Manager of Community Planning; W. Edwards, Building
Inspector; S. Lodhi, Manager of Real Estate and Facility
Management; P. Hanlon, Manager of Water and Sewerage
Services; G. Tait, Fire Chief; R. Simonds, Deputy Fire Chief;
Police Sgt. K. MacDonald; C. Campbell, Planner; J. Bezanson,
Heritage Planner; Ms. S. Greer, Communications Officer; 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 Rev. David Nicholson of
Douglas Avenue Christian Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that minutes of the meeting
of Common Council, held on November 30, 1998, be approved.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting.)
4. Mavor's Remarks
Mayor McAlary commented on the Irving Oil Refinery expansion, as
announced earlier this date, as well as on an event at the seniors' centre in Brunswick
Square where senior citizens, who knit and donated mittens, decorated a tree; and
proclaimed December 10 as Human Rights Day in the City of Saint John; and
congratulations were extended to the curling foursome of Marlene Vaughan, Mona Train,
Marlene McLenaghan and Jeanine Tucker who earlier this date won the Provincial
Senior Ladies Championship and will be representing the Province and the City in
Saskatoon in January.
(Councillor Fitzpatrick re-entered the meeting.)
5(a) Re The Vasquez Family
(b) Re Halifax Harbour Initiative
Read a letter from Councillor Ball advising that he wished to speak at this
meeting on two items (a) the plight of the Vasquez family in Lima, Peru, and (b) the
super harbour initiative in Halifax.
With regard to the Vasquez family, Councillor Ball proposed a motion to
forward a letter of strong support for the Vasquez family to Prime Minister Jean Chretien
requesting a resolution granting the Vasquez family Canadian citizenship and returning
them from Peru as residents of Saint John.
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The Mayor advised that two weeks ago she forwarded a letter in the
above regard on behalf of Common Council to the Prime Minister and the Minister, and
she would provide the Council members with a copy of this letter. Councillor Ball noted
that no seconder was needed for the motion as, with the letter having already been sent,
it was superfluous.
Councillor Ball spoke on an initiative being undertaken to attract a $500
million development for container ships to one place in North America, Halifax having
been named in competition for this, and his suggestion that there should be discussion
on how and why the City of Saint John should support Halifax in this regard.
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that Port New Brunswick be
invited to meet with Council in the above regard.
The Mayor suggested that Port New Brunswick could be invited to meet
early in the new year.
Question being taken, the motion was carried.
3. Preservation Review Board
Accomplishments & Initiatives
Read a letter from the Preservation Review Board advising that, while the
Board feels its success is very high in assessing development proposals to determine if
the standards established in the Preservation Areas By-Law are being met, it is also
aware that some concerns have been expressed and that it looks forward to discussing
these issues with Council and to seek Council's support for renewed initiatives which the
Board feels will address these concerns.
Philip Huggard, Chairman, Gaye Kapkin, Robert Ring, Harold Wright and
David Colwell, members, of the Preservation Review Board, were present at the meeting
in the above regard; and Mr. Huggard, in acknowledging Councillor Titus' membership
on the Board and through a computerized presentation, reviewed the Board's
background, mandate and activities, as well as its effect in the City in terms of a higher
tax base increase in the preservation areas compared to other areas of the City, and in
increased employment in that rehabilitation represented more than fifty per cent of
construction jobs. Mr. Huggard's presentation included photographs of recent
preservation projects in the City involving, mainly, repairing, repainting and repointing to
maintain the buildings; and addressed the Board's challenge in having a perception of
inflexibility and how to balance flexibility and consistency in maintaining traditional
details; and advised that, of the 920 applications processed by the Board since the
establishment of the preservation areas, eight were appealed with the decision on one of
these reversed. Mr. Huggard also advised that, as a key project in 1999, the Board
would like to work with the community to prepare guidelines that would make approvals
easier and quicker and be clearer and create more flexibility regarding what can be
approved, such guidelines to be subsequently recommended to Council as a proposed
By-Law revision.
The Mayor thanked the members of the Preservation Review Board for
their efforts on behalf of the City, and Mr. Huggard responded to her concern about
communication between her and the Board in order for her to be kept informed of issues,
as well as her concern about Council making a decision on a heritage issue on which the
Board has a different view, such as in the case of the Centracare building.
3A. Fundy Future Environment And Benefits
Council - Re Crane Mountain Diversion
Consideration was given to a letter from the Fundy Future Environment
and Benefits Council submitting a copy of its position on the issue of diversion at the
Crane Mountain landfill to the effect that it will support the recycle and compost with the
objective of 30% diversion and continuing to the 50% diversion level as legislated by the
other Maritime Provinces
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Glenn Carpenter, Chairman of the Fundy Future Environment and
Benefits Council (FFEBC), addressed Council on the FFEBC's activities as a group of
volunteers being part of the mandate for the siting of the landfill in their neighbourhood;
and advised that, if Council broke its agreement for 30% diversion and reneged on
environmental controls and composting, the FFEBC would immediately go back to the
Provincial Department of the Environment and petition it to cancel the City's license and
the host community would be asking for damages; thus Council should understand that,
in working on its budget, it cannot under any circumstances take out or delay very long
the diversion and composting.
Mr. Carpenter responded to questions on the FFEBC's funding and its
activities in the host community and on the landfill site, as well as on the boundaries of
the host community, and the Mayor thanked Mr. Carpenter for his comments.
3B. Fundy Region Solid Waste Commission
Potential Modifications To 1999 BudQet
Consideration was given to a memorandum from the Fundy Region Solid
Waste Commission submitting a Discussion Paper on Potential Modifications to the
Proposed Capital and Operating Budgets, the Commission having considered the
observations made during the discussion at the meetings of all six of the Councils on the
proposed annual budget for the year 1999; and advising that the municipal
representatives would be voting shortly on a budget which reflects these potential
modifications.
John King, Chairman, and Jens Jensen, General Manager, of the Fundy
Region Solid Waste Commission, were present at the meeting in the above regard, and
Mr. King noted the results of the Commission's exertion of downward pressure on the
tipping fee to $67 per tonne for which the people of the Fundy Region would get the
continued operation of the landfill in a very efficient, environmentally-friendly,
conscientious and prideful way, as well as about 30 drop-off depots for dry recyclables
as part of the beginning of the Commission's diversion commitment which would allow
the use of the landfill for 40 years and maybe longer. Mr. King made the observation
that the increase in cost to the City of Saint John, over its 1998 cost, would impact on
the tax rate a little less than four-tenths of a cent for the 1999 budget; and asked if
Councillor Chase, Council's representative on the Commission, could add to his general
comments prior to Council members asking questions of Mr. Jensen.
Councillor Chase, in commenting on the Commission's proposed 1999
budget, made the observation that the City of Saint John's share of the proposed $5
million budget of $1 million or, at a high, $1.3 million, represented 3 cents on the City's
tax rate; and expressed the view that there was no room to move in this budget and that
rejection of it would be a rejection of recycling. Councillor Chase asked for a motion in
support of the Commission's budget so that he could deliver a supporting vote when the
Commission meets again.
On a question of clarification of the amount of the proposed 1999 budget,
Mr. King confirmed that, as it presently stood, the proposed 1999 budget, as shown on
pages 6 and 7 of the Discussion Paper, was what the Commission would be voting on at
a forthcoming meeting. Mr. Jensen addressed the points to which the modifications in
the proposed budget were related as set out in the Discussion Paper, and responded to
questions on the proposed 1999 budget and, as to the drop-off depot program proposed,
advised that it was anticipated that this would achieve about 12 to 15% diversion, with
the curbside organic program expected to achieve something in the vicinity of 25 %, for
total diversion expected to be well within 30 to 50%. As to the change from the
Commission's initial budget submission to Council and that set out in the Discussion
Paper, Mr. Beckett advised that, based on the meetings in which he participated and his
discussions with Commission staff, it was his estimation that Council had a more
accurate reflection at this point in time of the 1999 costs associated with the landfill and
the diversion plans for next year and the budget numbers were a fair reflection of them,
and that, in the earlier submission, there were a couple of areas he felt needed to be
looked at and he was satisfied in the revised numbers that they had been; and, as much
as it might seem like a small juggling of numbers, there has been a significant change
from a couple of weeks ago to now to come up with this; however, Council was still
faced with the cost of paying for a state-of-the-art solid waste operation which carried
with it a significant expense which was reflected in the costs before Council at this time.
Mr. Beckett added that, with regard to the City's general tax rate, what was reflected in it
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was the loss of a million dollar profit from when the City operated its own landfill, plus a
cost associated with a new landfill site of $1.2 million, with the total make-up in the
general tax rate for next year of in excess of $2.2 million representing a cost of about 7
cents associated with the landfill operation which, to this point in time, had not been
reflected in the City's general tax rate; and, referring to the Commission's budget for the
next year and its projections for the next 5 years, advised that he felt that Council could
take some comfort for the next year that the Commission's budget was a reasonable
expectation of what should be achieved.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that Council authorize the Fundy
Region Solid Waste Commission's 1999 budget.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
(Deputy Mayor Chase and Councillor Chase withdrew from the meeting.)
6. Re 1999 BudQet Process
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the report from the City
Manager referring to the 1999 budget process in accordance with the direction provided
by Council in its resolution of November 2, 1998; and commenting on the following
significant issues suggested for Council's consideration prior to receiving the City
Manager's final recommendation on the 1999 Operating and Capital Budget: (1) the
appropriateness of adhering to a stable tax rate policy; (2) the adequacy of Police
protection; (3) the cost of providing Fire service; (4) the cost of providing adequate
road/street maintenance; (5) the cost of waste disposal; (6) the ability to increase user
fees; (7) the sustainability of investment in quality-of-life factors; and (8) the requested
capital program versus the municipality's ability to borrow -- be received and filed.
Question being taken, the motion was carried.
7. BankinQ Services
Read a report from the City Manager advising why, further to a report
presented to Council in December 1997 indicating that the City should consider a call for
proposals for banking services, staff was recommending that the call for proposals for
banking services not be carried out until early 2000 to allow for a selection and
implementation by July 1, 2000 and that, having had discussion with the Bank of Nova
Scotia regarding the current service levels and a request for the continuation of these
services for an eighteen-month period from January 1, 1999 to June 30, 2000, the Bank
responded with a very favourable proposal which would result in a decrease in annual
banking services costs of approximately $12-$14,000 and which would, if accepted,
result in the elimination of the base fee and a decrease in transaction costs for the City's
on-line services from 9 cents to 7 cents.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Council accept the proposal submitted by the Bank of Nova Scotia for
continuation of current banking services for an eighteen-month period from January 1,
1999 to June 30, 2000.
(Councillor White withdrew from the meeting.)
Question being taken, the motion was carried.
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8. Pre-Season Arena Use - Agreement For
Rental Of Stu Hurlev Arena To John Yerxa
Consideration was given to a report from the City Manager advising of the
request from John Yerxa (Yerxa Sports Camps) to lease the Stu Hurley Arena for an 88-
day period in 1999 from July 11 to October 7, the original Yerxa summer clinics having
started 14 years ago as a partnership with the City of Saint John Recreation
Department, and recommending that Council consent to enter into an agreement with
John Yerxa (Yerxa Sports Camps).
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council consent to enter into an agreement with Mr. John Yerxa
(Yerxa Sports Camps) for rental of the Stu Hurley Arena under the terms outlined in the
submitted Schedule 1, dated December 3, 1998, and the Mayor and Common Clerk be
authorized to execute all necessary documents.
During discussion Mr. Butler noted that the above report inadvertently
referred to Simonds High School, which is District 8, being in District 6.
(Councillors Chase and Councillor White re-entered the meeting.)
Question being taken, the motion was carried.
9. City Market By-Law Amendment
Re December 20. 1998 OpeninQ
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising of the City Market Merchants Association's request to open the City
Market on Sunday, December 20, 1998; and recommending that the City Market By-Law
amendment, as set out herein, be given fist and second readings -- be received and
filed:
AND FURTHER that the by-law to amend the City Market By-Law, with
regard to a December 20, 1998 opening, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the City Market By-Law.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the by-law to amend the City
Market By-Law, with regard to a December 20, 1998 opening, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the City Market By-Law.
10. Easement For Encroachment
At 1678 Lorneville Road
Consideration was given to a report from the City Manager submitting a
copy of correspondence from the Legal Department advising of the request from Ralph
D. Poley, solicitor with the law firm of Gorman, Nason, solicitors for the purchasers of
1678 Lorneville Road, for a grant of easement to permit the encroachment of their
dwelling upon Lorneville Road; and recommending adoption of the resolution as set out
herein.
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On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the sum of one dollar ($1.00), to execute a grant
of easement in favour of Louis E. Hachey and Amber J. Hachey, his wife, to permit the
encroachment of the dwelling at 1678 Lorneville Road upon Lorneville Road, such
easement to terminate with the destruction or removal of such encroachment, provided
that the owners for themselves, their heirs and assigns relieve the City of all liability for
any damage to the structure and appurtenances thereto which may be caused by the
City performing any work within the Lorneville Road right-of-way.
Question being taken, the motion was carried.
11. License Agreement For Multi-Level
Deck Structure. 5 Chipman Hill
Read a report from the City Manager advising that Susan Fullerton, as
part of her renovation proposal for 5 Chipman Hill, would like to construct a multi-level
deck structure along the rear of the 5 Chipman Hill building and, like the exit structure
behind 13 Chipman Hill which was the subject of a license agreement approved by
Council on September 30, 1996, the proposed multi-level deck structure will overhang
onto land owned by the City of Saint John, and setting out a recommendation in this
regard.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council authorize a license agreement with Susan Fullerton to
permit the construction of a multi-level deck structure over City land on Chipman Hill
identified as NBGIC Number 55012736, subject to the following conditions: (1) the
agreement shall be for a period of twenty years at an annual fee of $100 per year; (2)
the lowest deck landing shall have a minimum 8-foot clearance above the paved surface
of the City-owned land to the underside of the structure; (3) should the City or future
owner of NBGIC Number 55012736 need the space occupied by the multi-level deck
structure for development, the agreement can be terminated with a notice of 120 days
without any compensation or relocation cost; (4) the owner will carry adequate liability
insurance to protect the City, and the owner will be responsible to construct and maintain
the structure and for all claims for damages or injury by use and operation of the multi-
level deck structure constructed over City land NBGIC Number 55012736; and (5) all
plans be prepared by a professional engineer and be subject to the approval of the
Building Inspector; and further that the Mayor and Common Clerk be authorized to
execute the required documents.
(Councillor Court withdrew from the meeting.)
Question being taken, the motion was carried.
12. Property ManaQement / Land Sales
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the report from the City
Manager responding to a request at the November 2 Council meeting for staff to provide
Council a report on recent public land offerings and land sale policies, as well as the use
of real estate agents -- be received and filed.
Question being taken, the motion was carried.
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13. Re Sale Of Surplus Land
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council deem the following list of lands surplus to the needs of the
City of Saint John and authorize staff to advertise for the purpose of soliciting bids for
their sale, with staff, upon review of the submissions, to report back to Council with the
results and an appropriate recommendation: (1) 315 Metcalf Street (PID Number
55040224); (2) 471 Millidge Avenue (PID Number 55115059); (3) 149 Prince Edward
Street (PID Number 12542); (4) Millidge Avenue at Somerset Street (PID Number
47381); (5) 128 St. John Street West (PID Number 365338); (6) 104 St. John Street
West (PID Number 365346); (7) 134 Queen Street West (PID Number 367557); (8) Sites
E & F, Chesley Drive (PID Number 55093983); (9) Blue Rock Hill (PID Numbers 365619,
368076,367144,367581,367573); and (10) Old General Hospital site (PID Numbers
55048334,14514,13326,14522,14530,16105,16113, 16121, 16139).
(Councillor Court re-entered the meeting.)
Question being taken, the motion was carried.
(Councillor Vincent, having noted his absence from the public hearings of
November 30, 1998 for the Zoning By-Law amendments to be considered under agenda
items 16 and 17, withdrew from the meeting.)
14. Re Peninsula NeiQhbourhood Plan
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager submitting a copy of the Peninsula Neighbourhood Plan presented
previously to Common Council at its December 22, 1997 meeting as a joint effort among
Uptown Saint John Inc., the South Central Citizens Council, area residents and the City;
commenting on this Plan, as well as advising of a number of oversights in it which need
to be corrected prior to adoption; and recommending that Common Council initiate the
formal adoption process for the Peninsula Neighbourhood Plan as an addition to the
existing Municipal Development Plan, with the corrections noted in Section C herein --
be received and filed and the recommendation adopted.
Question being taken, the motion was carried.
15. EmerQencv Measures Plan
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council (1) approve the submitted proposed Saint John
Emergency Measures Plan (Interim), including Appendix "A" - organizational structure
City of Saint John Emergency Measures Organization; (2) support the public
consultation process to be undertaken; (3) endorse a process to review and update, as
required, the Saint John Emergency Measures By-Law; (4) appoint Paul Groody, Robert
Simonds and William Butler as members of the Saint John Emergency Measures
Organization (SJEMO), in accordance with section 3(a) of the Saint John Emergency
Measures By-Law; (5) appoint Robert Simonds as Assistant Director Operations,
SJEMO; (6) appoint William Butler as Assistant Director Liaison, SJEMO; (7) refer the
matter of the Emergency Operations Centre project to the City Manager for
consideration in the 1999 budget preparation process; and (8) authorize that application
be made to the Joint Emergency Preparedness Program (JEPP) for funding support for
the Emergency Operations Centre project and the public consultation process identified
in the submitted report from the City Manager, dated December 1, 1998.
Question being taken, the motion was carried.
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16. Zoning By-Law Amendment
To Re-Zone 270 Proud Road
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-484 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 270 Proud Road,
having an area of approximately 1.23 hectares (3 acres) (NBGIC #55122618), from "RF"
Rural to "RFM" Rural Mobile Home 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. 100-484 A Law To Amend The
Zoning By-Law Of The City Of Saint John
Question being taken, the motion was carried.
17. Zoning By-Law Text Amendment
Re "BP" Business Park Zone
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, with regard to the "BP" Business Park zone, be
read a third time and enacted and the Corporate Common Seal be affixed thereto.
Councillor Trites re-iterated his concern with respect to Section 3(f)
dealing with maximum building height in that, in limiting the City in a business park type
of environment to this particular level, any height about that would have to go the
variance route; and asked if, without 3(f) in the By -Law, the City could still maintain
control through Section 39 and so on as individuals applied for business park
designation under the Zoning By-Law. Mr. Baird, in responding in the affirmative,
pointed out that, if the City were dealing with a relatively small or compact site such as
the Somerset Avenue site for which the public presentation had already been made, the
sense of what would happen throughout the site could be captured; however, on larger
sites, it might be more difficult as there might be less of a distinct proposal at that stage;
so, if there were a distinct proposal, Section 39 could be used to provide gradation.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the above-proposed By-Law
amendment be laid on the table for one week and the City Solicitor be asked what
process might be undertaken to have the By-Law passed should Council decide to
remove section 3(f).
Question being taken, the tabling motion was carried.
18. 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, November 30, 1998, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the
following recommendation, namely:
1. That as recommended by the City Manager, the resolution adopted by
Common Council on October 26, 1998 directing the re-commencement of legal
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proceedings against Revenue Properties Company Limited, 058854 N.B. Ltd. and Se-
Fish Associates Limited be amended by deleting the date November 30, 1998 and
replacing it with the date December 22, 1998.
December 7, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
18.1. Amendment October 26,1998 CCO
Re Lease Dispute - City Hall BuildinQ
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk