1999-03-29_Minutes
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COMMON COUNCIL
MARCH 29, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-ninth day of March, AD., 1999, 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; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Municipal Operations; S. Galbraith, Director of
Works; P. Hanlon, Manager of Water and Sewerage Services; W.
Butler, Commissioner of Community Services; J. Baird, Manager
of Community Planning; W. Edwards, Building Inspector; W.
Todd, Director of Information Systems and Support; S. Lodhi,
Manager of Real Estate and Facility Management; C. Cogswell,
Chief of Police; P. Asimakos, Planner; J. Bezanson, Heritage
Planner and J. Ellefsen Planning Department; Mrs. M. Munford,
Common Clerk and Mrs. J. Ferrar, Secretary
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and Reverend Michael Trites
of Edith Avenue Baptist Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that minutes of the meeting of
Common Council, held on March 22, 1999, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment
Peninsula NeiQhbourhood Plan
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Municipal Plan amendment which would (1) adopt
the Peninsula Neighbourhood Plan as Part 10, which sets out additional policies to guide
the development of the peninsula area surrounding the uptown; and (2) amend Schedule
2-C, the Central Peninsula Land Use Plan, as requested by the City of Saint John; and
3(c) a letter in opposition to the proposal from Eric L. Teed; and 3(d) a letter in support of
the proposal from Uptown Saint John Inc., have been received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
March 23, 1999 meeting, and submitting a staff report which notes that during the later
part of 1996 and 1997 a neighbourhood planning process was undertaken in the South
End peninsula, which was a joint effort between Uptown Saint John, the South Central
Citizens Council, area residents, and the City and numerous meetings were held in the
community with residents, business, and other interested organizations, and the
Peninsula Neighbourhood Plan is the result of this consultative process; and advising
that, notwithstanding the adjustments to the proposed Schedule 2-C as outlined, the
basic thrust of the Peninsula Plan is to support and encourage the residential areas
adjacent to the Uptown, and policies are suggested to ensure that development has
appropriate regard for urban design standards, improved recreation and green spaces,
transportation and parking, safety and security concerns, community services, and
education system and facilities; and at which Mr. David O'Brien of Uptown Saint John
Inc. spoke in favour of the proposal, and Eric L. Teed spoke in opposition submitting a
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MARCH 29, 1999
letter in this regard; and recommending that Common Council (1) adopt the Peninsula
Neighbourhood Plan as Part 10, which sets out additional policies to guide the
development of the peninsula area surrounding the Uptown; and (2) amend Schedule 2-
C "Central Peninsula Land Use Plan" as submitted.
Mr. Eric Teed addressed Council, referring to his previously submitted
letter, advising that he is in opposition to the proposed Plan for a number of reasons; it
will restrict Council from making required changes by reaffirming the existing Plan,
particularly when the proposed amendment is not needed for any realistic reason;
Council has not been given an opportunity to consider the real problems facing the
peninsula area or the City as a whole; the peninsula commercial shopping area has
been shrinking with a number of commercial businesses, school and churches either
closing or relocating. Mr. Teed urged Council to seek answers to the questions, which
he previously submitted, before making a decision regarding the proposed amendment.
Mr. David O'Brien, of Barry & O'Neill, spoke in support of the Plan on
behalf of Uptown Saint John. Mr. O'Brien stated he has lived at 40 Duke Street for the
past four and a half years and expressed the opinion that the south end is a community
of neighbourhoods with vibrant citizen groups, increased community policing and
remarked the proposed Plan is a positive statement of objectives encouraging
development and passing the proposed Plan will send a positive message to the
residents of the area.
Mr. Dominick Eden, Chairman of the South Central Citizens Council
addressed Council in support of the Plan and explained the involvement of the Citizens
Council in developing the Plan and how it grew out of the strategic plan; noting the
Citizens Group views the Plan as a guideline for a sense of direction; advising there are
provisions in the Residential Strategic Plan, specific to the uptown area, which will allow
subject to approval, the development of high rise dwellings; and many residences have
been demolished in order to accommodate space for surface level parking
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by adopting the Peninsula Neighbourhood Plan
as Part 10 and amending Schedule 2-C "Central Peninsula Land Use Plan", be read a
first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by adopting the Peninsula Neighbourhood Plan
as Part 10 and amending Schedule 2-C "Central Peninsula Land Use Plan", be read a
second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above proposed amendment be received and filed.
Question being taken, the motion was carried.
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4(a) Zoning By-law Amendment To
Re-zone 91 Prince Edward Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 91 Prince
Edward Street, having an area of approximately 950 square metres (9,150 square feet),
also identified as being NBGIC #12427, from "IL-1" Neighbourhood Institutional to "B-2"
General Business classification to permit development of the site in conjunction with an
adjacent property (formerly S1. Joseph's School) for commercial use, as requested by E
& P Holdings Ltd., and no written objections were received in this regard.
4{b)
Consideration was given to the report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
March 23, 1999 meeting at which Mr. Fred Dixon, addressed the Committee, on behalf
of the applicant, in favour of the proposal; and recommending that Common Council re-
zone a parcel of land at 91 Prince Edward Street, having an area of approximately 850
square metres (9,150 square feet) also identified as NBGIC #12427, from "IL-1"
Neighbourhood Institutional to "B-2" General Business.
Mr. Fred Dixon of E & P Holdings Ltd. addressed Council stating he
concurs with the recommendation and offered to answer any questions Council may
have.
On motion of Councillor White
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 at 91 Prince Edward Street, having an area of approximately 850 square metres,
also identified as being NBGIC #12427, from "IL-1" Neighbourhood Institutional to "B-2"
General Business classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
located at 91 Prince Edward Street, having an area of approximately 850 square metres,
also identified as being NBGIC #12427, from "IL-1" Neighbourhood Institutional to "B-2"
General Business classification, be read a second time.
Question being taken the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
5(a) Amendments To Section 39 Conditions
Of Re-zoninQ Of 450-500 Westmorland Road
The Common Clerk advised the necessary advertising was completed
with regard to a proposed amendment to the Section 39 conditions imposed on the
September 28, 1998 re-zoning of property situated at 450-500 Westmorland Road, also
identified as NBGIC #55061139,55061147 and part of 303479, to amend or delete the
conditions which currently require the developer to assume the full cost of traffic light
installation at Mark Drive and Westmorland Road, as well as the cost of construction of a
dedicated right-hand turn lane on Rothesay Avenue at McAllister Drive, as requested by
First Westmorland Shopping Centres Limited, and no written objections were received in
this regard.
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Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
March 23, 1999 meeting at which Mr. Philip Wong, on behalf of the applicant, First
Westmorland Shopping Centres Ltd., expressed support for the staff recommendation;
Stephen Cronk, a resident of Mark Drive spoke in support of the proposal also, but
questioned why the taxpayers should be required to assume the cost of this work. The
report advises that the Committee adopted the staff recommendation, as well as an
amendment that the City install the Mark Drive/Westmorland traffic light prior to the
opening of Phase 1 of the shopping centre, and that the right-hand turn land on
Rothesay Avenue be included in the capital budget for 2000.
Mr. Stephen Cronk of 199 Mark Drive addressed Council and stated he
agreed that traffic signals and a right-hand turn lane need to be completed, but indicated
his concern with taxpayers assuming the cost for installation of lights on Mark Drive
which is estimated to cost $75,000, and noted the developer agreed to assume the full
cost of the light installation in September 1998.
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council (1) amend the Section 39
conditions imposed on the September 28, 1998 re-zoning of the property situated at
450-500 Westmorland Road, also identified as NBGIC #55061139, 55061147 and part
of 303479, by: (a) deleting conditions (h) and (i), being the conditions which currently
require the developer to assume the full cost of traffic light installation at Mark Drive and
Westmorland Road, and the cost of construction of a dedicated right-hand turn lane on
Rothesay Avenue at McAllister Drive, respectively; and (b) re-numbering conditions 0),
(k) and (I), as (h), (i) and 0); (2) that Common Council authorize the incorporation of the
changes outlined in (1) above, into the Section 39 agreement authorized by Common
Council on September 28, 1998; and (3) that the traffic lights at the intersection of Mark
Drive and Westmorland Road be installed by the City prior to the opening of Phase 1 of
the proposed shopping centre, and the property acquisition and construction of a right-
hand turn lane on Rothesay Avenue at McAllister Drive be included in the capital budget
for 2000.
Mr. Baird apprised Council of the steps taken by the traffic consultant
regarding the above matter and noted the Canadian Tire property as well as future
development to the south of McAllister Place will benefit from the installation of lights at
the corner of Mark Drive and Westmorland Road. Mr. Baird stated that the developer
has asked if the City would reconsider their position on two issues: (1) assume the
installation cost of traffic signals; and (2) land acquisition and street work; with an
estimated cost of $75,000 and $85,000 respectively. Councillor Desmond stated he
hopes someone will take into consideration his suggestion to have a concrete barrier on
Westmorland Road from Mark Drive down to the lights at the back of Parkway Mall so
that no left turns can be made from any of the parking lots onto the four lanes of traffic
on Westmorland Road. Councillor Titus said he could not support the motion of the City
assuming the fee for the traffic lights as, in his opinion, it is the responsibility of the
developer. In response to a question raised by Councillor Court with regard to there
being no funds available for this work, Mr. Baird advised recommendation 3, in the
Planning Advisory Committee report, deals with this issue in that the cost for property
acquisition and construction of a right-hand turn lane on Rothesay Avenue will be
included in the capital budget for 2000.
(Councillor Fitzpatrick withdrew from the meeting.)
Moved in amendment by Councillor Trites
Seconded by Councillor Court
RESOLVED that the above motion be
amended by (1) amending clause (a) to require that the developer shall assume one-half
the full cost of traffic light installation at Mark Drive and Westmorland Road, and (2)
deleting clause (b) and substituting the following "(b) re-numbering conditions 0), (k) and
(I), as (i), 0) and (k)."
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Councillor Titus stated he could not be support the motion as there was
no representative from First Westmorland Shopping Centres Ltd. present for the hearing
who could advise Council if they are in agreement to pay half of the costs incurred for
the light installation. Mayor McAlary in questioning Mr. Nugent if there would be another
opportunity for the applicant to respond to Council's concerns regarding the matter was
advised another public hearing would have to be advertised and scheduled.
Question being taken, the amendment to the motion was carried with
Councillor Titus voting "nay".
Question being taken the motion, as amended, was carried with
Councillor Titus voting "nay".
G. Mavor's Remarks
Mayor McAlary stated that, with respect to the Easter holiday, the
Common Council meeting scheduled for April 5, 1999 will be rescheduled to Tuesday,
April 6th.
* Added Item
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that recommendations
regarding compensatory flood water storage (which were considered in Committee of
the Whole earlier this date), be added to the agenda of this meeting for consideration as
item 6A.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
Councillor Court extended congratulations to the 23 students who
graduated on Saturday, March 27th from the auxiliary police force training.
(Councillor Fitzpatrick re-entered the meeting.)
*GA. Provision Of Compensatory StoraQe (Flood Control)
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager Council adopt the following guidelines for the sale of compensatory
storage: the applicant must demonstrate to the Building Inspector that it is not practical
to provide any or all of the compensatory storage on the property being developed; the
developer (or any affiliated company) does not own other property within or adjacent to
the flood risk area upon which the necessary compensatory flood storage could
reasonably be provided; compensatory storage must be provided within the same
designated flood risk area of the displaced storage; sale of compensatory storage must
be approved by Council; costs per cubic unit to the developer will vary, dependent on the
specifics of each application; monies received by the City in the sale of compensatory
storage will be used solely for Marsh Creek flood reduction programs; the City will at no
time be in a deficit position resulting from the sale of compensatory storage with respect
to flood storage capacity; the City will not pre-sell any storage capacity in anticipation of
a development, and the City is at no time obligated to sell compensatory storage to any
developer.
Mr. Edwards, in referring to a report from the City Manager considered in
Committee of the Whole earlier this date, advised that First Westmorland Shopping
Centres Ltd. have indicated to the City their intention to undertake a development that
will encompass an area of approximately 44 acres; most of which is located within the
Marsh Creek Flood Risk area; the developer will be required to make provisions to
provide for flood control, as required by The Flood Risk Area By-law because the
elevations of existing sewers in the area make it necessary to fill most of the site in order
to achieve enough grades to allow for proper drainage; First Westmorland Shopping
Centres Ltd. has, in the opinion of the Building Inspector, demonstrated that they are
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unable to provide all of the need compensatory storage for their project on the project
site and in order for the project to proceed, it will be necessary for the developer to
purchase compensatory storage, and, should the City agree to sell compensatory
storage for developments, it is advisable to first establish a set of guidelines. Mr.
Edwards explained that Council has identified, in the 1999 Capital Budget $500,000 to
begin construction of retention ponds in the Glen Falls area for two reasons: (1) to
provide relief to the residents along Golden Grove Road; and (2) to rationally plan and
provide for compensatory storage to develop in the area. Mr. MacKinnon gave an
overview of the area being discussed through an overhead presentation highlighting the
Marsh Creek, Cold Brook and Majors Brook Drainage Basins; advising two areas: (1) the
East Branch (Glen Falls area); and (2) Majors Brook have been designated as areas
susceptible to flooding; the acquired Baleman and Dynamic properties are being
examined with the potential of being controlled flood plan areas in the East Branch; and
the storm system for the above noted area was reviewed. Through a slide presentation,
Mr. Edwards explained how the above-mentioned areas were affected after a recent
rainstorm; advising that a clear span structure would help alleviate the current capacity
problems for some culverts. Mr. Edwards stressed the proposed compensatory storage
plan is for the purpose of alleviating the duration, severity and frequency of flooding; but
will not prevent flooding. Mayor McAlary stated this plan will move the City forward in
the development of proposed flood ways.
Question being taken, the motion was carried.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that First Westmorland
Shopping Centres Ltd. be advised that Common Council will sell compensatory storage,
calculated at the minimum rate of $4.00 per cubic meter, for each cubic meter of flood
storage displaced by the development at Westmorland Road.
Councillor Titus stated he will not be supporting the motion because, in
his view, it is not necessary at this time to include the rate per cubic meter and this
should be negotiated with the developer; and the proposed rate may not accurately
reflect the cost of excavation. Mr. Nugent advised Council that the applicant must
demonstrate to the Building Inspector that it is not practical to provide any or all of the
compensatory storage on the property being developed and secondly there needs to be
an approximation of the extent of the capacity that will be sold to the developer. Mr.
Edwards assured Council that First Westmorland Shopping Centres Ltd. is unable to
provide the necessary storage on the site they propose to develop and approximately
30,000 cubic metres of storage capacity will be sold to them.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
7. ParkinQ In Uptown Area
Councillor Titus withdrew his item regarding parking in the uptown area
following a previous discussion with Mayor McAlary concerning the procedural by-law.
He expressed his concerns, regarding the lack of support staff for Council members and
the frustrations of not being able to respond to citizens in a timely manner.
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that the City Manager,
look this date, at designating staff for the purposes of assisting Council members.
Councillor Trites asked that a copy of the above-mentioned by-law be
forwarded to Council members.
Question being taken, the motion was lost with Mayor McAlary and
Councillors Chase, Desmond, Fitzpatrick, Court, Trites, Ball, White and Chase voting
"nay".
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8. Re Baseball User Fees, West Side Development,
Traffic Concerns and Appointment to Commissions
Consideration was given to a letter from Councillor Court advising that he
would like to discuss the following items: (1) baseball user fees, (2) West side
Development, (3) Traffic concerns, and (4) Appointments to City Commissions.
Councillor Court in referencing a meeting of Lancaster Minor Baseball he
recently attended, as well as a letter which he received from Lancaster Minor Baseball
President, Dave Johnston, stated that user fees for fields used by minor baseball require
clarification.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the matter of baseball user
fees being clarified with the intent to have equality for all parties concerned -- be referred
to the City Manager.
Question being taken, the motion was carried.
Councillor Court advised a resident on the west side of the City recently
brought to his attention the numerous establishments that have recently closed and
questioned if the City has a plan in place to encourage development on the west side of
the City.
On motion of Councillor Court
Seconded by Deputy Mayor Chase
RESOLVED that the matter regarding
development on the west side of the City -- be referred to the City Manager for a report.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the request of Councillor
Court that traffic concerns expressed by citizens, to him, in particular Fairville Boulevard,
be examined by staff to verify if there are any planned improvements for the areas in
question, be referred to the City Manager.
Question being taken, the motion was carried.
Councillor Court expressed his disappointment regarding discussions at
Council's meeting of March 22, 1999 in respect to appointments to City Commissions
and spoke of the excellent work many volunteers do for the City; and asked that all
Council members try to be fair and work for the best interest of all citizens.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the above letter from
Councillor Court be received and filed.
Question being taken, the motion was carried.
At this time Mayor McAlary suggested the next two items on the agenda
be tabled until next week.
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that Item 9 - Year 2000
Computer Problem and Item 10 - Status Reporting Capital Programs be tabled until the
next meeting.
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Question being taken, the tabling motion was carried.
11. Acquisition Of Storm
Sewer Easement 109 Glen Road
Consideration was given to a report from the City Manager advising of the
City's need for a storm sewer easement at 109 Glen Road, owned by Leonard and
Winnifred Thorburne, to construct a 750 mm storm sewer which will drain a large area of
undeveloped land located to the rear of properties fronting on Glen Road; advising this
project is part of the ongoing program to improve storm water drainage in Glen Falls;
and submitting a recommendation in this regard.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council: (a) authorize the purchase of an approximately 285
square metre easement for a storm sewer from Leonard and Winnifred Thorburne for
$2,000; (b) authorize the payment of reasonable legal fees and disbursements incurred
by Leonard and Winnifred Thorburne, (not to exceed $250); and (c) the Mayor and
Common Clerk be authorized to execute all documentation necessary to give effect to
this resolution.
Question being taken, the motion was carried.
12. 1999 Establishment of
Permanent Positions
Consideration was given to a report from the City Manager advising that it
has been the practice for Council to approve annually the Establishment of permanent
positions; that as the City's administrative structure is constantly evolving as roles and
responsibilities are reassessed, the 1999 Establishment reflects a number of title
changes, additions and deletions with the only new position being that of Manager, Fleet
Maintenance; summarizing the proposed changes to the Establishment for 1999; setting
out the proposed Establishment; and submitting a recommendation for Council's
consideration.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the 1999 Establishment of permanent positions, totaling 710 positions, as
outlined in the report from the City Manager, be approved.
Councillor Chase advised he would not be supporting the motion as he is
presently serving on a committee, with Councillor Desmond, which is carrying out an
evaluation of all management and non union personnel; and feels this recommendation
should not be made until the review is completed. Mr. Totten explained the intent of the
recommendation is to give authority to have 710 positions in the establishment, which
are all included in the budget. In referring to the table on page 3 of the submitted report,
Mr. Nugent advised that Corporate Services should be amended as Corporate Services
and Finance. Councillor Titus also spoke in opposition to the motion referring to staff
support for Council members.
Question being taken, the motion was carried with Councillors Chase and
Titus voting "nay".
13. 1999 Maintenance Agreement
Provincial HiQhwavs
Read a report from the City Manager noting that the City enters into an
agreement annually with the Province for payment by the Province of agreed costs
associated with the summer and winter maintenance of designated and regional
highways within the City as performed by the City, and that the City also provides
payment of the agreed cost to the Province for summer and winter maintenance of
municipal and regional streets within the City as performed by the Province; advising
that the maintenance rates established by the Province for 1999 have been kept at the
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same amounts as for 1998, with the application of the rates resulting in the City receiving
payment of $368,974.71 and paying out a payment of $12,587.42 for maintenance
performed by the Province; and also advising that, in addition, the rates for various types
of pavement markings, such as lines and directional arrows, are submitted for approval
and, although the actual amount to be paid to the City will not be known until the actual
quantities are measured in the fall, this payment usually results in an additional $36,000
being received.
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the Mayor and Common Clerk be authorized to execute the 1999
Maintenance Agreement for Provincial Highways.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
14. Enactment of Amendments -
Harbour Station Commission Legislation and
Aquatic Centre Commission LeQislation
Read a report from the City Solicitor advising that the submitted
amendments to the Harbour Station Commission legislation and the Saint John Aquatic
Centre Commission legislation received Royal Assent on March 12, 1999 and as a result
of the amendments, in the future, Quispamsis, Rothesay and Grand Bay-Westfield will
each be able to appoint one member to the above noted Commissions and the present
arrangement where it is the Common Council which makes the appointment of persons
nominated by these municipalities, will cease.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the above report from the
City Solicitor be received and filed.
Question being taken, the motion was carried.
15. Planning Advisory Committee
Assent - Stinson Drive
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of Stinson Drive and to any required municipal services or public utility
easements.
Question being taken, the motion was carried.
16. Planning Advisory Committee
Assent - 1250 Latimer Lake Road
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
tentative subdivision plan of 1250 Latimer Lake Road that would vest Parcel 'A' as Land
for Public Purposes, and credit approximately 2.45 hectares (6 acres) of land for future
subdivision development in the general area.
Question being taken, the motion was carried.
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17. Greater Saint John Economic Development
Commission Incorporated - Statement of
1999 Obiectives and Proposed BudQet
Consideration was given to a letter from Greater Saint John Economic
Development Commission, Incorporated, submitting for approval the following 1999
Objectives adopted by the Board of Directors: develop a comprehensive economic
development strategy for the region; approve and oversee the implementation of the
annual Commission activity plan; promote and encourage the establishment,
development and growth of new businesses and industries in the region; provide small
business and entrepreneur assistance services throughout the Greater Saint John
region; develop a comprehensive communications strategy; promote business and
industrial parks in the region; and promote the recommendations of the tourism advisory
committee with respect to the inclusion of regional tourism development within the
mandate of the Greater Saint John Economic Development Commission; and
summarizing how the Commission intends to actively promote economic development
and entrepreneurship in Greater Saint John during 1999; and advising they will be
making a presentation of their 1998 Annual Report and audited financial statements to
Councils on March 30, 1999 at 7:00 p.m. in the Mary Oland Theatre.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the letter from the Greater
Saint John Economic Development Commission, Incorporated dated March 18, 1999,
submitting for approval the 1999 objectives of the Commission, be received and filed
and Common Council approve the objectives as submitted, with the exception of the
objective regarding the inclusion of regional tourism development within the mandate of
the Commission.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
18. Preservation Review Board -
Provincial PlanninQ Appeal
Read a letter from the Preservation Review Board advising a decision has
been rendered by the Provincial Planning Appeal Board in the appeal between Robert
and Louise Cloutier, Appellant and the Preservation Review Board, Respondent; the
Provincial Planning Appeal Board ruling in favour of the Appellant; and that the Legal
Department has advised grounds appear to exist for appealing the decision. A
resolution requesting authorization for an appeal was submitted.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that Council decline the
recommendation of the Preservation Review Board to appeal the decision of the
Provincial Planning Appeal Board decision regarding Robert and Louise Cloutier.
A discussion followed in regard to the above, with the following referral
motion being made.
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the request from the
Preservation Review Board to appeal the decision of the Provincial Planning Appeal
Board regarding Robert and Louise Cloutier -- be referred to the City Manager and City
Solicitor to report back to Council with further information.
In referencing the proposed referral motion, Mr. Nugent stated there is
only fifteen days, from the date of receipt of the decision, of the Provincial Planning
Appeal Board, to decide whether or not to appeal, which is directed to the Court of
Appeal; and that the referral motion would not allow an appeal to be filed by such
deadline; and advised that after reading the decision by the Provincial Planning Appeal
Board the question remains - does the Provincial Planning Appeal Board have the
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authority to displace a reasonable decision of the Provincial Review Board with their own
view of the matter. Mr. Nugent further explained the Provincial Planning Appeal Board
stated the question they had to deal with was whether the decision of the Preservation
Review Board was reasonable, meaning that a responsible person could have adopted
the view the Preservation Review Board took; and there was evidence including an
expert witness called by the appellants to this effect, consequently, he advised his
understanding there was no contrary evidence before the Provincial Planning Appeal
Board in this regard; however the Provincial Planning Appeal Board ruled that it was
unreasonable and overturned it which certainly raises the question of the role of the
Preservation Review Board and the Provincial Planning Appeal Board; and an appeal,
despite the outcome, would provide a clarification of the role of Provincial Planning
Appeal Board when it sits in review of a decision of the Preservation Review Board.
Question being taken, the referral motion was carried with Councillor
Titus voting "nay".
19. Saint John Harbour Bridge Authority
Re - Removing Tolls, Truck Traffic Avoiding
Tolls and Maintenance Costs
Read a letter from the Saint John Harbour Bridge Authority advising they
wish to clarify the following items which arose during presentation of the Saint John
Transportation Study: (1) Removing The Tolls - federal and provincial approval are
required before this takes place; the Four Party Agreement stipulates in article 3 that
"Schedule A shall not be amended nor the tolls removed without the approval in writing
of Canada and the Province"; (2) Truck Traffic Avoiding Tolls - truck traffic is up on the
bridge for the year 1998-1999, and is projected to be 9,300,000 vehicles for the period
April 1998 - March 1999; the Harbour Bridge Authority would encourage the City to
change traffic by-laws to force commercial traffic to use the Harbour Bridge instead of
Chesley Drive; and (3) Maintenance Costs - for the past 30 years the Harbour Bridge
Authority has been able to maintain the structure on the same toll structure that was put
in place in 1968.
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED the letter dated March 18,
1999 from the Saint John Harbour Bridge Authority regarding (1) Removing The Tolls;
(2) Truck Traffic Avoiding Tolls; and (3) Maintenance Costs -- be received and filed.
Question being taken, the motion was carried.
20. Saint John Art Advisory Board
Deep See Visual Arts Festival
Read a letter from the Saint John Art Advisory Board regarding the
proposed "Deep See" visual arts festival on May 8, 1999; further to Council granting
permission on August 24, 1998 for the festival to proceed; and advising that as part of
"Deep See" a street festival titled "Off the Wall" will be held on Canterbury Street
(between King Square and Princess Street) from 12:00 noon to 10:00 p.m.; advising
Canterbury Street will be transformed into an artistic celebration with many events which
will include local uptown restaurants providing food items (Epicurean Delights); and in
referring to the Sidewalk By-law Item 13 (a) requesting permission be granted to the
Saint John Art Advisory Board for a special license and waive any associated vendors
fee for participating restaurants for this one day event.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from the Saint
John Art Advisory Board requesting the City of Saint John grant a special license and
waive the associated vendors fee for the street festival "Off the Wall" on Saturday, May
8, 1999 -- be received and filed and a special license be granted and the vendors fee be
waived.
Question being taken, the motion was carried.
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21. Total Golf Management, Inc.
Contract For Rockwood Park
Golf Course & DrivinQ RanQe
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Total Golf
Management Inc. asking for acceptance of the submitted Annex I and Annex II, prepared
in response to paragraphs IV.(11), IV.(13) and IV.(15) of its contract with the City of
Saint John with regard to the Rockwood Park Golf Course and Aquatic Driving Range,
Annex I providing a summary of enhancements and accomplishments during the 1998
golf season, and Annex II including a list of Total Golf Management Inc.'s proposed fee
structure and identifying its proposed plans/enhancements to golf facilities and services
in 1999 -- be received and filed and Council approve the 1999 fee structure as indicated
in Annex II.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Titus voting "nay".
22. Saint John Board of Trade
Appointments to Boards and Commissions
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Board of Trade in response to the policy adopted by Council on March 15, 1999
regarding appointments of Saint John residents only to boards and commissions;
submitting the opinion that the City of Saint John should accept nominees put forward by
the Board of Trade using the previously established criteria; and requesting that Council
reconsider this policy -- be referred to the Nominating Committee.
Question being taken, the motion was carried.
Adiournment
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk