1999-02-08_Minutes
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COMMON COUNCIL
FEBRUARY 8, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the eighth day of February, AD., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Titus, Trites, Vincent and White
- and -
Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; J. C.
MacKinnon, Commissioner of Environment and Development
Services; 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; J. Bezanson, Heritage Planner; G.
Tait, Fire Chief; A Bodechon, Deputy 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 Rev. Gordon O'Coin of
the Calvary Temple offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that minutes of the meeting of
Common Council, held on February 1, 1999, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary noted the June 1996 visit to Saint John of Princess
Sarvarth from Jordan, who has a connection with the New Brunswick Community
College - Saint John Campus, and expressed condolences to her on the death of her
brother-in-law King Hussein. The Mayor proclaimed February 8 to 15, 1999 as Heritage
Week, as well as Canadian Citizenship Week in the City of Saint John, and suggested
that, as 1999 has been designated as the International Year of Older Persons, the City's
older citizens could be recognized during this week. Condolences were also extended
to the family of the late Delbert Meisner, who passed away on February 2, 1999, and the
Saint John Youth Hockey Executive was recognized for its "stop the checking from
behind program", and a welcome was extended to Martin Chevalier from Quebec, a
second language student at UNB, and to former Councillor Peter Murray, who were
present at the meeting.
Councillor Chase, the City's representative on the Fundy Region Solid
Waste Commission, advised of the Environment Department's finalization of its
environmental impact assessment on the Commission's waste diversion project and its
issuance of a certificate of determination, giving the Commission the go-ahead to
implement the waste diversion program in the Fundy Region; and, during his comments
about the condition of a recycling depot station at Millidgeville, which is under the
auspices of the City of Saint John, the Mayor advised that this latter issue should not be
brought up under Mayor's remarks but should be placed on the agenda as an item.
4. Re Deputy Mayor's Appointment To Greater
Saint John Economic Development Commission
Read a letter from Mayor McAlary submitting a letter from the Chairman
of Greater Saint John Economic Development Commission Inc. regarding Council's
January 11, 1999 appointment of Deputy Mayor Derek Chase to the Commission for a
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three-year term in that the Deputy Mayor would be replacing John Thomas, a City
appointee who resigned and whose term, which was for two years, would have expired
on March 31, 2000 or on the appointment of his successor, whichever is the later date;
and suggesting that, accordingly, it would be appropriate to rephrase the resolution to
the effect that Deputy Mayor Chase has been appointed to the Commission to replace
John Thomas for the balance of his term.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that Common Council resolution
of January 11, 1999, appointing Deputy Mayor Derek Chase to Greater Saint John
Economic Development Commission Inc., be rescinded.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that Deputy Mayor Derek Chase
be appointed to Greater Saint John Economic Development Inc. for a term to expire
March 31,2000.
Question being taken, the motion was carried.
5. Sale Of Property On Boars Head Road
Consideration was given to a report from the City Manager advising of the
request of the First Wesleyan Church to purchase a five-acre portion of City land located
to the rear of the Church property at 399 Boars Head Road for the appraised market
value plus 10% and, although it is City policy that lands not needed for a current or
future municipal purpose be deemed surplus and publicly advertised for sale, land can
be sold for its appraised market value plus 10% where public advertisement is not
practical, and also a review of the file for the subject land indicated that it was publicly
offered in the past with no acceptable bids received; and recommending the sale of the
subject property.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council authorize the sale of a five-acre:t portion of NBGIC
Number 00051771, located to the rear of the First Wesleyan Church at 399 Boars Head
Road, as generally shown on the submitted plan, to the First Wesleyan Church, for the
purchase price of $4,950, plus subdivision and related land transfer fees, and the Mayor
and Common Clerk be authorized to execute the deed.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
6. Future Property Requirements Corner
Of Rothesav Avenue And McAllister Drive
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, further to Council's request at the January 4, 1999 public hearing
for the proposed re-zoning of property adjacent to 570 Rothesay Avenue for additional
information regarding the City's future requirements for property at the intersection of
Rothesay Avenue and McAllister Drive to complete a proposed link to the Throughway,
the opinion of the consultant conducting the Transportation Study, as indicated in the
submitted copy of his letter, is that no additional right-of-way would be required on the
south side of Rothesay Avenue or on either side of McAllister Drive -- be received and
filed.
Question being taken, the motion was carried.
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7. Annual Sidewalk Vendor Auction
Consideration was given to a report from the City Manager submitting a
history of sidewalk sites sold at auction beginning in 1994 through to 1998; and
recommending, given the patterns which have developed over the past 5 years, changes
to the annual auction which, while still meeting the needs of the vendors and the
community, will simplify the administrative process and provide offsetting revenue.
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, (1) the minimum bid for the purchase of annual sidewalk vendor licenses
be increased from $200 to $600; (2) the number of available sites be reduced to 12, the
numbers for which are shown on the submitted plan as follows:- 1 - the sidewalk in front
of NBGIC Numbers 37002 and 40139 at Market Square and St. Patrick Street, 2 - the
sidewalk at NBGIC Numbers 55025530 and 55022834 at St. Patrick Street (entrance to
Market Square), 3 - the sidewalk at NBGIC Numbers 55025530 and 55022834 at St.
Patrick Street (area up from Market Square entrance), 6 - the sidewalk on Prince William
Street in front of NBGIC Number 8987 (corner of Prince William and Princess Streets),
11 - the sidewalk in front of NBGIC Number 32227 at the intersection of North King
Square and Charlotte Street, 12 - the sidewalk in front of NBGIC Number 39982 at King
Street and Charlotte Street, 13 - the sidewalk in front of NBGIC Number 32227 at the
intersection of King Street and Charlotte Street, 15 - the sidewalk on Canterbury Street
in front of NBGIC Number 8987 at the corner of 55 Canterbury Street and Princess
Street, 16 - the sidewalk in front of NBGIC Number 436675 at McAllister Drive (across
from Highmeadow Park in between 600 and 640 McAllister Drive), 20 - the sidewalk in
front of NBGIC Number 8995 at the corner of Princess Street and 111 Prince William
Street, 21 - the sidewalk in front of NBGIC Number 11429 at 113-115 Prince William
Street (currently Ryker's Island), and 22 - the sidewalk in front of NBGIC Number 11437
at 125 Prince William Street (currently Pillars); (3) the Building Inspector's Office be
authorized to advertise for and conduct a sidewalk vendor's auction to be held on
Tuesday, April 6, 1999, subject to the submitted terms and conditions; and (4) the above
report from the City Manager in this regard be received and filed.
Question being taken, the motion was carried.
8. Memorandum Of Understanding
Re City Hall Lease Dispute
Read a report from the City Manager submitting a proposed
Memorandum of Understanding effectively resolving the key issues in the City Hall lease
dispute with the Landlord, with a move away from a fixed-rate lease ensuring that the
City only pays its share of actual operating costs and property taxes and affording the
Landlord some protection against cost increases, and providing a cost-sharing
mechanism for building improvements initiated by either the Landlord or the Tenant;
advising that, in addition, the Landlord has agreed to actively assist the City in securing
sub-tenants to occupy surplus floor space and the Memorandum provides that the City
will benefit from a reduction in overall rental costs during the term of the lease while the
Landlord secures a "Grade A" tenant and can undertake some needed building
improvements on a cost recovery basis; and recommending that Council accept the
terms proposed.
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council accept the terms proposed in the submitted
Memorandum of Understanding with the Landlord of City Hall, dated December 2, 1998,
and the Mayor and Common Clerk be authorized to execute an amendment to the City's
lease of premises within the City Hall building reflecting those terms.
Question being taken, the motion was carried.
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9. Zoning By-law Amendment To Re-zone
Land Adjacent To 570 Rothesay Avenue
Consideration was given to a proposed Zoning By-law amendment to re-
zone a parcel of land adjacent to 570 Rothesay Avenue, first reading of which was
tabled at the January 4, 1999 public hearing until Council had an opportunity to review
the Transportation Study strategy.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the above matter be taken
from the table for consideration at this time.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Desmond
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 the intersection of McAllister Drive and Golden Grove Road, adjacent to
570 Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove
Road, a frontage of approximately 150 feet on McAllister Drive, and an area of
approximately one-half acre, also identified as being a portion of NBGIC Number
55102768, from "P" Park 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.
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 Desmond
Seconded by Councillor Court
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 the intersection of McAllister Drive and Golden Grove Road, adjacent to 570
Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road,
a frontage of approximately 150 feet on McAllister Drive, and an area of approximately
one-half acre, also identified as being a portion of NBGIC Number 55102768, from "P"
Park 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.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
10. Municipal Plan & Zoning By-law
Amendments 945 Old Black River Road
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with respect to the submitted application of East Side
Welding (1994) Ltd. for a Municipal Plan and Zoning By -Law amendments respecting
property at 945 Old Black River Road, and written objections have been received from
David Higdon, Kathryn M. Peterson, Walter P. Peterson, Leanne Dow-Campbell,
Marlene Christophersen, Fred Christophersen, and Len and Marie Connelly, and a letter
from Horst Sauerteig has also been received in this regard.
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On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the application of East
Side Welding (1994) Ltd. for a Municipal Plan and Zoning By-law amendments with
regard to property at 945 Old Black River Road be referred to the Planning Advisory
Committee for a report and recommendation and that the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, March 15, 1999,
at 7:00 o'clock p.m.
Question being taken, the motion was carried.
(Councillor Vincent re-entered the meeting.)
11. Municipal Plan Amendment
Parts One. Two And Nine
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with regard to the attached request of the City of
Saint John for a Municipal Plan amendment to amend Parts One, Two and Nine, and no
written objections were received in this regard.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the proposed Municipal Plan
amendment to amend Parts One, Two and Nine be referred to the Planning Advisory
Committee for a report and recommendation and that the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, March 15, 1999,
at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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 Saturday, January 30, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee
submits the following recommendation, namely:
1. That as requested by Saint John Industrial Parks Ltd., Common Council
authorize a $300,000 increase in the approved allocation for the 1998 Industrial Park
Capital Budget, such additional funding to be used to complete payments on outstanding
projects, the majority of which would be applied to Alloy Drive.
February 8, 1999
Saint John, N. B.
Respectfully submitted,
(sgd.) Shirley McAlary
C h air man.
12.1. Increase In 1998 Industrial Park BudQet
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
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13. 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, February 1, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the
following recommendation, namely:
1. That as recommended by the City Manager, the present arrangement
between the City of Saint John and Blue Cross of Atlantic Canada be terminated
immediately, and the City of Saint John and the Saint John Board of Police
Commissioners and their employees accept the following: (1) the proposal of Atlantic
Dental Services Corporation for the provision of dental services based on a fee of 3.5%
of paid claims for a period of 5 years; (2) the proposal submitted by RXPlus for the
processing of all prescription drug claims at a fee of $1.30 per claim, guaranteed for 5
years; (3) Clark Administrative Consultants Ltd.'s proposal for the provision of vision,
hospital, and extended health care coverage, guaranteed for 5 years at 3.5% of claims
paid; and (4) travel insurance coverage be awarded to American Home Insurance
Company, through Clark Administrative Consultants Ltd., at a fee of $53,684.40, for the
first year.
February 8, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
The Mayor noted that the City Solicitor had provided Council with a
revised recommendation in the above regard (copies of which were distributed to
Council members at this meeting).
13.1. Health And Dental CoveraQe
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED as recommended by the
City Manager, the present arrangement between the City of Saint John and Blue Cross
of Atlantic Canada be terminated as at midnight, February 28, 1999 and the City of Saint
John and its employees accept the following: (1) the proposal of Atlantic Dental Services
Corporation for the provision of dental services based on a fee of 3.5% of paid claims for
a period of 5 years; (2) the proposal submitted by RXPlus for the processing of all
prescription drug claims at a fee of $1.30 per claim, guaranteed for 5 years; (3) Clark
Administrative Consultants Ltd.'s proposal for the provision of vision, hospital, and
extended health care coverage, guaranteed for 5 years at 3.5% of claims paid; and (4)
travel insurance coverage be awarded to American Home Insurance Company through
Clark Administrative Consultants Ltd., at a fee of $53,684.40, for the first year with such
fee to provide coverage to the employees of the Board of Police Commissioners of the
City of Saint John as well; and further that the City's accepting the foregoing proposals is
conditional upon those proposals being available to the employees of the Board of
Police Commissioners for the City of Saint John on the same terms and conditions.
Mr. Totten advised that the above changes were driven by the employees
of the City and came about as a result of negotiations between the City and the four civic
unions over the last two or three years in which the City positioned itself to fix its costs
for providing health and dental benefits and, as a result of that change, the employees
sought out alternative measures to provide those services, with the above recom-
mendation having been presented to and voted on by the memberships of the civic
unions and was before Council on that basis; and confirmed that the recommended
coverage would be provided at no additional cost to the City or the employees.
Question being taken, the motion was carried.
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14. Greater Saint John Economic Development
Development Commission Inc. - Appointments
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from Greater
Saint John Economic Development Commission Inc. (Enterprise Saint John) submitting
a copy of its correspondence to the Saint John Board of Trade requesting that it submit a
nominee to Council for appointment to the Board as a successor to Bruce Dowd, whose
appointment expires on March 31; and asking Council to advise as soon as possible if it
has any objection to the Commission's annual meeting being open to the public -- be
received and filed.
Question being taken, the motion was carried.
15. FCM - Highlights Of
Board Of Directors' MeetinQ
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from the
Federation of Canadian Municipalities advising the highlights of FCM's National Board of
Directors' Meeting, held in Laval, Quebec, December 2-5, 1998 -- be received and filed.
Question being taken, the motion was carried.
16. Pizzano's Pizza - Zoning By-Law
Amendment Re 120 McDonald Street
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the application of
Pizzano's Pizza for a Zoning By-Law amendment regarding 120 McDonald Street be
referred to the Planning Advisory Committee for a report and recommendation and that
the necessary advertising be authorized in this regard, with the public hearing to be held
on Monday, March 15, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
17. Indiantown Neighbourhood Watch
Robertson Square Park - North End
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
Indiantown Neighbourhood Watch advising of a potentially dangerous situation with the
removal of gates from a fence that ran from the foot of Main Street across the old
Indiantown Wharf and connected to the side of Williams Machine Shop, such gates
having been put in place and locked to separate the Robertson Square Park from the St.
John River, and that, with their removal, many young children venture beyond the
playground area and onto the remains of the dilapidated wharf and the River bank; and
insisting on an immediate response to correct this problem -- be referred to the City
Manager for a report to Council in two weeks.
Question being taken, the motion was carried.
18. Horst SauerteiQ - Open & Closed Sessions
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Horst
Sauerteig referring to letters he wrote to Council, to which he received no response, one
about a month ago and one in May 1998; and commenting on the issue of labour
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contracts being negotiated in seclusion by City staff and eventually in open session of
Council to be accepted without any meaningful discussion, further to Council's
discussion at the last meeting on the open and closed session agenda -- be referred to
the City Manager to be answered at an appropriate time.
The Mayor noted that one of Mr. Sauerteig's above-mentioned letters had
to do with the property at 945 Old Black River Road, under item 10 on the agenda of this
meeting, thus answers to his questions in this regard would not have been forwarded to
him as yet.
Question being taken, the motion was carried.
19. Sandra L. Bell McKenney / Brian McKenney
Re-zoninQ Of Property 1022 MillidQe Avenue
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the application of Sandra L.
Bell McKenney and Brian McKenney for the re-zoning of property at 1022 Millidge
Avenue be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearing to be held on Monday, March 15, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
20. Douglas McCaig & Austin Sleigh - Amendment
To Section 39 Conditions Of Re-zoning Of
Property At 1922 ManawaQonish Road
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the application of Douglas
McCaig and Austin Sleigh for an amendment to the Section 39 conditions of re-zoning of
property at 1922 Manawagonish Road be referred to the Planning Advisory Committee
for a report and recommendation and that the necessary advertising be authorized in
this regard, with the public hearing to be held on Monday, March 15, 1999 at 7:00 o'clock
p.m.
Question being taken, the motion was carried.
21. Dynamic Construction Corporation
Ltd. - Invoice For Land Rental
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the letter from Dynamic
Construction Corporation Ltd. submitting an invoice for the rental of land in Glen Falls --
be received and filed.
The Mayor asked that a copy of the City Manager's report to Council on
March 18,1996 be provided to the Council members as an information item at the next
meeting, and noted that the City now owns the subject property.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Trites
Seconded by Councillor Ball
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