1999-04-12_Minutes
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APRIL 12,1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twelfth day of April, AD., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, 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; W. Butler, Commissioner
of Community Services; B. Morrison, Director of Recreation and
Parks; S. Galbraith, Director of Works; J. Baird, Manager of
Community Planning; J. Bezanson, Heritage Planner; W.
Edwards, Building Inspector; D. Logan, Purchasing Agent; C.
Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and
Mrs. J. Ferrar, Secretary.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and Nicole Trost, Student
Intern, of Saint John Alliance Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that minutes of the meeting of
Common Council, held on Tuesday, April 6, 1999, be approved.
Question being taken, the motion was carried.
Mayor McAlary extended a welcome to members of the 22nd Courtenay
Red Head Scouts who were present at the meeting.
3. Re "Communities in Bloom" Launch
Read a letter from Mayor McAlary advising members of the "Communities
in Bloom" Committee wish to launch their official kick-off at the Open Session of
Common Council on Monday, April 12, 1999.
Mayor McAlary acknowledged Kierstead's Flower Shop and Ford World
Curling for supplying the flowers and trees in the Council Chamber. Mr. Colin Whitcomb,
Chairman of the 1999 Communities in Bloom Program, addressed Council on the
activities planned for 1999 and through a slide presentation explained how the program
has evolved since 1996 with representation from homeowners, schools and businesses;
Mr. Whitcomb introduced the following members of the Communities in Bloom
Committee: Barry Ogden, Ron Hughes, Jude Carson, Carol Nickerson, Bob MacVicar,
Charlie Swanton, Chris Gaudet, Susan Allen, Bernie Morrison, Bill Butler; and Mayor
McAlary. Mr. Raymond Carrier, National Chairman for Communities in Bloom, spoke of
the successes that have made Saint John a National Communities In Bloom winner and
distributed T-shirts to Council members and advised the National Awards will be held in
Saint John in 2001. Mr. Whitcomb stated Mr. Carrier will be speaking at the listen and
lunch series at the Aitken Bicentennial Exhibition Centre on Tuesday, April 13th, and
extended an invitation to all citizens and the Council Members; and advised Saint John
has been asked to participate in the Class of Excellence, a non competitive category
where municipalities are evaluated on their individual performances with judging taking
place on August 16, 1999. Students from local schools distributed marigold plants to
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APRIL 12,1999
staff and Council members as a kick-off for the second annual Marigold on Main Street
Project scheduled for Wednesday, June 9, 1999. MOOor McAlary thanked Mr.
Whitcomb, Mr. Carrier, Committee members and all the students on behalf of Council
and wished them the best of luck with the program for 1999.
4(a) Amendment to Section 39 Conditions Of
Re-zoninQ Of 2435-2441 Golden Grove Road
The Common Clerk advised the necessary advertising was completed
with regard to a proposed amendment to the Section 39 conditions imposed on the
August 13, 1984 re-zoning of property situated at 2435-2441 Golden Grove Road, also
identified as NBGIC Number 469551, to permit the use of the property for the following
uses: business office, trade school, warehouse, assembly of electrical components,
assembly of heat treating furnaces, green house; and to permit removal of dead wood
and thinning of trees in the existing treed area of the site, as requested by Mr. Glenn
Carpenter, and that three letters were received expressing concerns with regard to the
application; and 4(c) a letter in support of the application was received from the
applicant.
{Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Carpenter submitted a letter which outlined the major
features of his proposal and indicated that it would be a very low-impact operation with
considerable economic benefits for the local economy; and advised that the proposed
operation would have no potential of contaminating the Town of Rothesay's water
supply, because the processes involve no discharges to the environment. The report
recommends approval of the proposed Section 39 amendment.
Mr. John Jarvie, Town Manager, of the Town of Rothesay expressed
concern on behalf of the Town of Rothesay with regard to the proposed development
being located within the boundaries of the Carpenters Pond Watershed and in close
proximity to Irwin Lake and surrounding lands which are headwaters for the watershed.
Mr. Jarvie noted Carpenters Pond is a designated drinking water supply, under the
Clean Environment Act and if it should become contaminated there is no alternate
source, and referred to staff's report where it is noted that it is not likely the proposed
development would be approved within the City's own watershed areas. Mr. Jarvie
stated the Town of Rothesay is not opposed to the development, only the proposed site,
and suggested an industrial area would be more suitable.
Mr. Glenn Carpenter, the applicant, spoke in support of the proposal
which he described as a high level technical business and gave assurance that it will not
have any affect on the Town of Rothesay's water supply; advising no chemicals will be
used in the green house as they do organic gardening and use only lime and regular
fertilizer with no pesticides. In responding to questions concerning the potential of
contaminating the water supply for the Town of Rothesay, Mr. Carpenter advised there is
approximately five acres behind the proposed site on Golden Grove Road before
reaching the Town of Rothesay's property, which acts as a buffer zone of 75 metres,
around the watershed; advising the furnaces required for the tempering of metals will be
run by propane creating no smoke or residue.
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council amend the Section 39 conditions
imposed on the August 13, 1984 re-zoning of the subject property situated at 2435-2441
Golden Grove Road, also identified as NBGIC Number 469551, as follows: (a) the use
of the subject property is limited to the applicant's proposal, which includes the following
activities: office; trade training in electronic, safety, quality assurance and education in
metals; warehousing of electronic product, ceramic blankets and specialized insulation,
as well as materials for associated companies, including peat moss, paper rolls and
other dry products, but not including any oil, gas or chemicals; electronics assembly,
being bench assembly of computer-controlled heat treating mobile units; operation of
electric kilns within the existing building, and one outdoor propane kiln to the rear of the
building, for tempering of metals; greenhouse operation for the cultivation of trees and
plants; (b) no new buildings and no extensions to the existing building are permitted; (c)
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APRIL 12,1999
the number of full-time on-site employees is limited to a maximum of 15 persons; (d) no
change-of-use permit for any of the proposed uses will be issued until such time as the
on-site sewage disposal system is approved by the Public Health Services Branch of the
N.B. Department of Health and Community Services; (e) the property-owner must permit
the property and operations thereon to be inspected by the N.B. Department of
Environment, for compliance with that Department's relevant regulations and such
inspections may occur as often as once every six months.
Mayor McAlary questioned Mr. Baird citing the staff report that the
proposed development would not likely be approved within the City's own watershed
area to which Mr. Baird referred to the Provincial policy paper and the position that the
City has taken in this regard by either purchasing land when it becomes available or
refraining from the sale of any land in the watershed areas. Councillor Titus spoke in
support of the Town of Rothesay because of the sensitive nature of the proposed area
and advised he would not support the motion; Councillor Trites expressed concern
referring to the staff recommendation being overturned by the Planning Advisory
Committee and stated he could not support the proposed development; noting the
potential risk of contaminating the water supply, Councillors Court and Desmond advised
they would not be supporting the motion; Councillor White expressed the view he would
not be able to support this type of development for the City's watershed area and,
therefore, would not support the motion; and Deputy Mayor Chase spoke in support of
the motion stressing we have been assured there is no potential for contaminating the
water supply.
Question being taken, the motion was lost with Mayor McAlary and
Councillors Ball, Chase, Court, Desmond, Titus, Trites and White voting "nay".
5(a) Amendment To Section 39 Conditions
Of Re-zoninQ Of 1385 Hickev Road
The Common Clerk advised 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 property situated at 1385 Hickey Road, also identified
as NBGIC Number 55146138 (formerly part of the property at 1120 Loch Lomond Road,
NBGIC Number 55098420), to permit a take-out restaurant in conjunction with the
recently developed Autopro Centre at 1385 Hickey Road, as requested by John
Cudmore Enterprises Inc., and no written objections were received in this regard.
{Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Bill Madore, operator of the Autopro Centre,
expressed agreement with the staff recommendation. The report advises that the
Committee adopted the staff recommendation which included the decision to impose no
terms and conditions upon the take-out restaurant, pursuant to the Committee's authority
under Section 43(3)(c) of the Community Planning Act.
Mr. Bill Madore, operator of the Autopro Centre, addressed Council
stating he concurs with the recommendation and offered to answer any questions
Council may have.
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 December 22, 1986 re-zoning of property situated at 1385 Hickey Road,
also identified as NBGIC Number 55146138 (formerly part of the property at 1120 Loch
Lomond Road, NBGIC Number 55098420), to permit a take-out restaurant.
Question being taken, the motion was carried.
6(a) Zoning By-law Amendment To
Re-zone 556 Woodward Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of an area of land located at 556
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Woodward Avenue, having an area of approximately 1.5 hectares (3.6 acres), also
identified as being NBGIC Number 55050819 and a portion of Number 55101729, from
"RSS" One Family Serviced Suburban Residential to "R-1A" One Family Residential
classification to permit the development of a new phase of Cedar Point Estates
Subdivision with fully serviced lots ranging in area from 656 square metres (7,061
square feet) to 1850 square metres (19,914 square feet) for the development of one-
family dwellings as requested by Cedar Point Estates Limited, and letters were received
from Dora Voutsinos, Peter G. Gaulton and Jacques Poitras expressing their concerns
regarding the application.
{Q}
Consideration was given to the report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Gerry Roberts, of Kierstead Quigley and Roberts
Limited, expressed support for the staff recommendation; Mr. Peter Gaulton also
appeared indicating his concerns regarding the proposed subdivision and suggested that
Lots 1 and 2 be developed in a similar manner as the other properties in the Cedar Point
Estates Subdivision and pointed out the existing mailbox in front of proposed Lot 2 would
have to be relocated to which staff indicated this matter would be resolved between the
Developer and Canada Post; advising that, after considering the matter, the Committee
decided to revise the staff recommendation to incorporate the concerns raised; and
recommending that Common Council re-zone an area of land located at 556 Woodward
Avenue, having an area of approximately 1.5 hectares (3.6 acres), also identified as
being NBGIC Number 55050819 and a portion of Number 55101729, from "RSS" One
Family Serviced Suburban Residential to "R-1A" One Family Residential, subject to a
resolution pursuant to Section 39 of the Community Planning Act that would: (a) require
the driveway of Lot 7 to be constructed and maintained in accordance with a site plan
approved by the Chief City Engineer; (b) require minimum front and side yards for Lots 1
and 2 of 10 metres (35 feet) and 4.5 metres (15 feet) respectively; and (c) limit the
development of the subject lands to a maximum of twelve (12) residential lots.
Deputy Mayor Chase proposed a motion, which was seconded by
Councillor White, to deny the application. Councillor Desmond raised a question
regarding storm sewers and who would pay if they are required, to which Mr. Baird
advised the lots proposed for development on Michael Court and those fronting on
Woodward Avenue will have full City service (water, sewerage, piped storm system, curb
and sidewalk) whereas the proposed lots fronting on Cedarwood Drive would have water
and sewerage services and an open drainage system; and advised that, if in the future,
a storm system is the desire of the community on Cedarwood Drive it would be paid for
by the taxpayers; Councillor Court expressed concern about the driveway for Lot 7, Mr.
Baird stated one of the recommendations refers to this driveway being constructed and
maintained in accordance with a site plan approved by the Chief City Engineer. The
initial motion to deny the proposed recommendation of the Planning Advisory Committee
was withdrawn by Deputy Mayor Chase with the consent of the seconder.
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 an area of
approximately 1.5 hectares (3.6 acres), (NBGIC Number 55050819 and a portion of
Number 55101729) from "RSS" One Family Serviced Suburban Residential to "R-1A"
One Family Residential 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 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 an area of
approximately 1.5 hectares (3.6 acres), (NBGIC Number 55050819 and a portion of
Number 55101729) from "RSS" One Family Serviced Suburban Residential to "R-1A"
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One Family Residential 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 amendment be received and filed.
Question being taken, the motion was carried.
7(a) Zoning By-law Amendment To
Re-zone 101 Boars Head Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of an area of land located at 101 Boars
Head Road, having an area of approximately 4500 square metres (48,439 square feet),
also identified as being a portion of NBGIC Number 55089940, from "R-1 B" One Family
Residential to "R-2" One and Two Family Residential classification to permit the
construction of one and two family dwellings, as requested by Spectrum Enterprises
Ltd., and no written objections were received in this regard.
{Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Sterling Brown spoke in support of the staff
recommendation, on behalf of Spectrum Enterprises Limited; and recommending that
Common Council (1) re-zone an area of land located at 101 Boars Head Road, having
an area of approximately 4500 square metres (48,439 square feet), also identified as
being a portion of NBGIC Number 55089940, from "R-1 B" One Family Residential to "R-
2" One and Two Family Residential classification; and (2) exchange an existing Land for
Public Purposes parcel situated at 259 Boars Head Road, also being identified as
NBGIC Number 55056709, for an equal area of land in the vicinity of proposed Lot 99-
17, and that the Mayor and Common Clerk be authorized to execute the necessary
documents.
Mr. Sterling Brown, on behalf of the applicant Spectrum Enterprises
Limited, stated he concurs with the recommendation and offered to answer any
questions Council may have.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning an area of land
located at 101 Boars Head Road, having an area of approximately 4500 square metres
(48,439 square feet), (being a portion of NBGIC Number 55089940) from "R-1 B" One
Family Residential to "R-2" One and Two Family Residential 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 Councillor Trites
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 an area of land
located at 101 Boars Head Road, having an area of approximately 4500 square metres
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(48,439 square feet), (being a portion of NBGIC Number 55089940) from "R-1 B" One
Family Residential to "R-2" One and Two Family Residential 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.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council exchange an existing Land for Public
Purposes parcel situated at 259 Boars Head Road (NBGIC Number 55056709) for an
equal area of land in the vicinity of proposed Lot 99-17, and that the Mayor and Common
Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
8(a) Zoning By-law Amendment to
Re-zone 333-335 Main 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 333-335
Main Street, having an area of approximately 640 square metres (6,888 square feet),
also identified as being NBGIC Number 370536 and 55062608, from "BR" Business
Residential to "B-2" General Business classification to permit for a greater variety of
commercial businesses including a second-hand store and a used furniture store in the
former Hoffman's building, as requested by Mr. Dennis G. Cormier, and one letter in
favour of the proposal was received from Floor Fashions Ltd.
{Q}
Consideration was given to the report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which the applicant, Mr. Cormier, indicated his agreement with
staff's recommendation; and recommending that Common Council re-zone a parcel of
land located at 333-335 Main Street, also identified as NBGIC Numbers 55062608 and
370536, from "BR" Business Residential to "B-2" General Business classification.
Mr. Dennis Cormier, the applicant, addressed Council stating he concurs
with the recommendation and offered to answer any questions Council may have.
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
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 333-335 Main Street, having an area of approximately 640 square metres
(6,888 square feet), (NBGIC Numbers 55062608 and 370536) from "BR" Business
Residential 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 Councillor Court
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 333-335 Main Street, having an area of approximately 640 square metres
(6,888 square feet), (NBGIC Numbers 55062608 and 370536), from "BR" Business
Residential to "B-2" General Business classification, be read a second time.
Question being taken, the motion was carried.
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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 amendment be received and filed.
Question being taken, the motion was carried.
9. Municipal Plan Amendment
2690 Loch Lomond Road
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan and Section 2.4.6.28, a
parcel of land located at 2690 Loch Lomond Road (NBGIC Number 332437), having an
area of approximately eight acres, and 66 feet of frontage along Loch Lomond Road and
widening to a width of 366 feet, to permit re-zoning to allow its continued use as a car
sales lot, as requested by Victor Train.
9A New Brunswick Sarcoidosis Awareness Group
Mayor McAlary asked that the item regarding a presentation by the New
Brunswick Sarcoidosis Awareness Group be withdrawn, noting that the Group had
asked for a proclamation for an awareness day, which, in the absence of Mayor's
Remarks, she could not read at this meeting.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that Item 9A, submitted by the
New Brunswick Sarcoidosis Awareness Group, be withdrawn from the agenda.
Question being taken, the motion was carried.
10. Re Mavor's Remarks
Read a letter from Mayor McAlary which referred to Mayor's Remarks as
informational items that are made to promote individuals, organizations, community
activities or event announcements and advised these items are not to be discussed,
debated or voted on; noting a resolution was passed in the 1970's requesting the Mayor
to publicize proclamations for community groups under Mayor's Remarks; and advised if
the majority of Council Members wish to have Mayor's Remarks on the agenda, they will
proceed at next week's meeting.
Mayor McAlary stated that, in the past as well as the present, the
opportunity has always been given to other members of the Council to speak under
Mayor's Remarks to make announcements or comments; and advised she would like to
have Mayor's Remarks continue. Mayor McAlary made the suggestion that if Council
wishes to continue to have Mayor's Remarks on the agenda then a motion could be
made in this regard, and also noted the Municipalities Act is presently under review and
the time might be appropriate to make a motion to have the procedural by-law reviewed.
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that Common Council
return immediately to the practice and tradition of having an item on the regular Common
Council agenda titled "Mayor's Remarks".
Councillor Titus stated he felt this item could not be spoken on because
you cannot make a motion, according to Council's Procedural By-law, without some
background information on it, and further stated the motion was out of order. In
referencing discussions on this matter at Council's meeting on April 6, 1999 Councillor
Titus noted he does not have any difficulty with Mayor's Remarks but would like to have
background information regarding any remarks which the Mayor intends to make in
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Open Session of Council. Mayor McAlary questioned Mr. Nugent if the motion could be
accepted to which Mr. Nugent advised the Procedural By-law is a by-law adopted by
Council to govern their own procedures and suggested the appropriate action now would
be for the Chair to rule on the point of order by Councillor Titus. The Mayor ruled the
point of order by Councillor Titus out of order at which time Councillor Titus appealed the
point of order to the full Council. Deputy Mayor Chase, Councillors Trites, Court,
Desmond, White, Ball and Chase all spoke in favour of the motion; Mr. Nugent
suggested a show of hands at this time would be appropriate to demonstrate who
supports the ruling. Councillor Titus expressed the opinion he now has the right,
according to the by-law, to close the argument on the matter; accordingly Mr. Nugent
advised Councillor Titus is entitled to the opportunity to speak on the question - does he
wish to uphold or reject the Mayor's disposition on the matter. Councillor Titus reiterated
he is not opposed to Mayor's Remarks but rather is opposed to the process, and would
like to have the background information on any items raised by the Mayor, advising his
point of order is on the motion that was made - is it required for someone making a
motion to give all the background information on Mayor's Remarks prior to making the
motion? Mr. Nugent suggested that each Councillor should now be asked the question
"do you uphold or reject the decision of the Mayor to rule, as improper, the point of order
raised by Councillor Titus. A vote was taken, by a show of hands, whereby the decision
of the Mayor was upheld with Councillor Titus voting "nay".
Moved in amendment by Councillor Titus
Seconded by Councillor Chase
RESOLVED that the above motion be
amended to provide that all members of Council be provided background information
regarding any matters to be considered under the Mayor's Remarks agenda item.
Question being taken, the amendment to the motion was carried with
Councillor Desmond voting "nay".
Question being taken, the motion as amended, was carried with
Councillor Desmond voting "nay".
Added Item
On motion of Deputy Mayor Chase
Seconded by Councillor Desmond
RESOLVED that the recommendation
regarding the per diem rate for members of Common Council (which was considered in
Committee of the Whole earlier this date), be added to the agenda of this meeting for
consideration as item 10A
Question being taken, the motion was carried with Councillor Titus voting
"nay".
10A. 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 Monday, March 22, 1999, on 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 the amount paid for each day that a member of the Common Council
is absent from the City on civic business be increased from $25.00 to$125.00.
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April 12, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
10A.1 Per Diem For Members Of Common Council
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that the by-law to amend the
By-law To Provide For Salaries To The Members Of The Common Council Of The City
Of Saint John, insofar as it concerns increasing the amount paid for each day that a
member of the Common Council is absent from the City on civic business from $25.00 to
$125.00, be read a first time.
Mayor McAlary advised this is not an increase in wages and is taxable.
Councillor Titus stated he could not support the motion because he believes the public
will perceive the matter as Councillors giving themselves an increase and suggested a
Committee be established to review issues like this. Councillor Chase also spoke in
opposition to the motion.
Question being taken, the motion was carried with Councillors Chase and
Titus noting "nay".
Read a first time the by-law to amend the By-law To Provide For Salaries
To The Members Of The Common Council Of The City Of Saint John.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the by-law to amend the
By-law To Provide For Salaries To The Members Of The Common Council Of The City
Of Saint John, insofar as it concerns the amount paid for each day that a member of the
Common Council is absent from the City on civic business be increased from $25.00 to
$125.00, be read a second time.
Read a second time the by-law to amend the By-law To Provide For
Salaries To The Members Of The Common Council Of The City Of Saint John.
Question being taken, the motion was carried with Councillors Chase and
Titus voting "nay".
11. Tender For Traffic Controllers
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the tender submitted by Tacel Ltd. of Toronto, in the amount of $40,764.00,
plus tax, be accepted for the supply of six (6)-4 phase electronic traffic controllers.
Question being taken, the motion was carried.
12. HIP Applications #85. #86. #87
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
Applications: HIP #85 - Blanchard Homes Ltd. for an estimated grant of $120,000 for a
development in Bon Accord Subdivision, HIP #86 - Sierra Supplies Ltd. for an estimated
grant of $48,000 for a development on Lakewood Avenue West; and HIP #87 - Hank
Merchant and Walter Vincent for an estimated grant of $40,000 for a development on
Woodward Avenue.
Question being taken, the motion was carried.
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13. 1999 Clean-Up Week CampaiQn
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager the 1999 Clean-Up Week Campaign be held during the week of May 10-
14, 1999, the report from the City Manager in this regard be received and filed.
Mr. Edwards advised any citizens who wish to have junked vehicles
removed from their property can contact the Building Inspection Department, either by
phone or in person, any time before Clean-Up Week and they will have someone from
the office visit the property and ensure the vehicle can be legitimately towed. Councillor
Desmond pointed out any salvage company will also haul away any junked vehicles.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
14. Procedure For Recovery Of
Traffic Bv-Iaw Fines
Consideration was given to a report from the City Manager advising that
prior to May 1998 all parking meter tickets and City by-law parking tickets were
processed in accordance with the summons exparte warrant procedure; and the Justice
Department under this system collected all monies with 100% of any monies collected
being returned to the City. The City Solicitor advised in May 1998 this process had to be
changed to the summons exparte notice of default system; advising if a City Traffic By-
law ticket remained unpaid after a notice of default was issued the Justice Department
then forwards the matter to the Motor Vehicle Branch where it goes into their regular
procedure for collecting fines. It was determined late in 1998 the proceeds from the City
by-law fines collected by the Motor Vehicle Branch, were going in the Provincial General
Revenue Fund and not being returned to the City because there is no motor vehicle
driver record system in place at the Motor Vehicle Branch to track the location of city by-
law fines generated by the City or procedure in place to return the monies collected to
the City. City staff have met with representatives from the Motor Vehicle Branch to
resolve the matter and noted the required changes to the Motor Vehicle Branch's
computer systems will take time to implement and accordingly an interim arrangement,
as outlined, has been developed.
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council authorize, for a period of six months, the proposed
procedure, as submitted, for recovery of City Traffic By-law fines.
Question being taken, the motion was carried.
15. Re Proposed Amendments
To Flood Risk Area Bv-Iaw
Consideration was given to a report from the Planning Advisory
Committee regarding amendments to the Flood Risk By-law further to Council's request
on March 15, 1999; submitting a copy of the following proposed amendments: Heading -
delete the word "Area" and substitute "Areas"; General - delete the word "bylaw"
wherever it appears in the by-law and substitute the word "by-law"; delete the words
"flood storage capacity" wherever they appear in the by-law and substitute the words
"flood water storage capacity"; delete the words "Director of Engineering" and substitute
the words "Chief City Engineer"; add Section 2.1 as follows: delete the word "Act"
wherever it appears in this by-law and substitute the words "Community Planning Act";
Section 1 - delete the word "Area" and substitute the word "Areas"; Section 2 - (2) delete
the word "the" and substitute the word "The"; (3) re "development" - delete the words
"means the term "development" as prescribed by Section 41.2(3) of the Community
Planning Act to include" and substitute the word "includes"; Section 3 - repeal
subsections 2 to 7 inclusive; Section 4 - (2) repeal subsection (2) and substitute the
following: "subject to subsection 10(1) a development that would reduce the flood water
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storage capacity of any flood risk area"; (3) repeal subsection (3); Section 6 - (2) amend
by adding the following: "(xiii) where a developer proposes to provide compensatory
flood water storage capacity, full details with respect to the provision of the
compensatory flood water storage capacity, including its location and the amount and
the time that it will be ready"; (4) repeal; (5)(e) repeal; (5)(f) delete the words "Director of
Engineering" and substitute the words "Chief City Engineer"; Section 7 - repeal
subsection (3); Section 10 - (1) repeal subsection (1) and substitute the following: "(1) a
development that would reduce the flood water storage capacity of a flood risk area may
be carried out if the owner of the land upon which the development is undertaken has
provided within that flood risk area compensatory flood water storage capacity in volume
equivalent to that which would be displaced by the development. The compensatory
flood water storage capacity shall be provided in time to ensure that there is at no time
any reduction in the flood water storage capacity of the area as a result of the
development or any portion thereof; Section 13 - repeal; Section 15 - (3) repeal
subsection (3) and substitute the following: "(3) In the absence of both the Building
Inspector and the Deputy Building Inspector, the Development Officer for the City of
Saint John shall have all the powers and duties of the Building Inspector under this by-
law."
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from the Planning
Advisory Committee, further to Council's request on March 15, 1999, recommending
proposed amendments to the Flood Risk Area By-law, as submitted -- be received and
filed.
Question being taken, the motion was carried.
(Councillor Trites re-entered the meeting.)
Item Added
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from the City
Solicitor, submitting for consideration of third reading a proposed amendment to the
Flood Risk Area By-law, which received first and second readings on March 15, 1999,
be added to the agenda for consideration at this meeting as item 15A
Question being taken, the motion was carried.
15A. Amendment To Flood Risk Area Bv-Iaw
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A By-
law To Amend The Flood Risk Area By-law Of The City Of Saint John, N.B.", be read a
third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-law To Amend The Flood Risk Area By-law Of
The City Of Saint John, N.B." was read in its entirety.
Question being taken, the motion was carried.
16. Planning Advisory Committee Re Proposed
Amendment To Subdivision Bv-Iaw
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, further to Council's request on March 8, 1999, regarding
amendments to the Subdivision By-law re Business Park Development Incentives;
Common Council (1) amend the by-law by deleting Section 26(1)(a) and replacing it
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with: "a) located in residential zones and the Business Park zone of the Zoning By-law";
and (2) after receiving a report on the financial impact, consider further amending the
By-law to permit subdivision cost sharing in any zone.
Question being taken, the motion was carried.
17. Planning Advisory Committee Proposed
Section 101 AQreements Re 12 and 14 CavanaQh Court
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council authorize the execution of two separate
Section 101 agreements containing the conditions imposed by the Planning Advisory
Committee on April 7, 1999 regarding (1) a variance granted by the Committee to permit
a maximum height of 5.5 metres (18 feet) for an accessory building located at 12
Cavanagh Court (NBGIC Number 55120190); and (2) variances granted by the
Committee to permit (i) a maximum height of 5.5 metres (18 feet), (ii) a front yard of 4.8
metres (16 feet), and (iii) an accessory building as the only building on the lot, for an
accessory building at 14 Cavanagh Court (NBGIC Number 28092).
Question being taken, the motion was carried.
18. Re Council Policy Of
CancellinQ Public HearinQs
Read a letter from the Planning Advisory Committee advising that since
the spring of 1998 Council has followed a policy of cancelling public hearings when the
Planning Advisory Committee's recommendation is not available; that citizens have
expressed their concerns to the Committee regarding the inconvenience of having the
process extended in this manner, noting when there has been little or no interest
expressed in an application by members of the public, the setting of a new public
hearing date would only appear to create an unnecessary delay; and requesting Council
to re-examine the current policy and determine whether or not there may be alternatives
for dealing with this matter.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
Planning Advisory Committee regarding the policy of cancelling public hearings be
referred to the City Manager.
Question being taken, the motion was carried.
19. Saint John Industrial Parks Ltd.
1999 Capital ProQram
Read a letter from Councillor Trites, President of Saint John Industrial
Parks Ltd., advising the following consultants were selected, through separate public
proposal calls, by Saint John Industrial Parks Ltd. to undertake the initial phase of the
following projects: (1) ADI Limited to oversee tender document preparation, construction
and related project management duties for the Mcilveen Drive alignment for a cost of
$15,000 plus HST; (2) Basic Design Associates Ltd. to oversee tender document
preparation, construction and related project management duties for the development of
a "green area" in Spruce Lake Industrial Park for a cost of $1,850 plus HST; and (3)
Hughes Surveys and Consultants Ltd. to a) assess lands owned by Saint John Industrial
Parks Ltd. in Spruce Lake Industrial Park for the purpose of facilitating the future sale of
the lots; and b) prepare a plan of grading for lands owned by Saint John Industrial Parks
Ltd. in McAllister Industrial Park for a cost of $5,500 plus HST; and requesting Council's
authorization of purchase orders.
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On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that Common Council authorize
the issuance of purchase orders to (1) ADI Limited in the amount of $15,000, plus HST,
for tender document preparation, construction and related project management duties
for the Mcilveen Drive alignment project; (2) Basic Design Associates Ltd. in the amount
of $1,850, plus HST, to oversee tender document preparation, construction and related
project management duties for the development of a "green area" in Spruce Lake
Industrial Park; and (3) Hughes Surveys and Consultants Ltd. in the amount of $5,500
plus HST to a) assess lands owned by Saint John Industrial Parks Ltd. in Spruce Lake
Industrial Park; and b) prepare a plan of grading for lands owned by Saint John Industrial
Parks Ltd. in McAllister Industrial Park.
Question being taken, the motion was carried.
20. Saint John Industrial Parks Ltd.
Street LiQhtinQ Allov Drive
Consideration was given to a letter from Councillor Trites, President of
Saint John Industrial Parks Ltd., advising that construction of Alloy Drive in Spruce Lake
Industrial Park was substantially completed in the fall of 1998 and Brookville Carriers
have now opened their new facility. The tender for construction of Alloy Drive, as
awarded by Council on July 27, 1998 did not include the installation of street lighting;
and Saint John Industrial Parks Ltd. (as the developer) would now like to have lighting
installed; and advised that Saint John Energy has agreed to design and install the entire
street lighting system for an estimated cost of $26,300 plus HST, which work is to be
accrued against the 1998 Industrial Park Capital budget.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that Common Council
authorize the issuance of a purchase order to Saint John Energy, in the amount of
$26,300 plus HST, for the design and installation of street lighting along Alloy Drive,
Spruce Lake Industrial Park, with the cost to be accrued against the 1998 Industrial
Parks capital budget.
Question being taken, the motion was carried.
21. F.K. Stuart Re Development Of Former
New Albert School And Lancaster Hospital Sites
On motion of Councillor White
Seconded by Deputy Mayor Chase
RESOLVED that the letter from F.K.
Stuart expressing concern regarding the demolition of Centracare, New Albert School
and the Lancaster Hospital on the west side of the City; and suggesting Council consider
plans for these sites -- be received and filed.
Question being taken, the motion was carried.
22. Barry Ogden Re Honouring James Smith
Builder Of The Marco Polo
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Barry
Ogden requesting James Smith, builder of the Marco Polo, be honoured by (1) naming
the corner at Union, Crown and the causeway as James Smith Corner; and (2) placing a
more prominent sign on the Marco Polo bridge, with the name Marco Polo bridge -- be
referred to the City Manager.
Question being taken, the motion was carried.
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23. Hospice Of Saint John Re Appointment Of
City Representative To Board Of Directors
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from Hospice of
Saint John Inc. recommending that Mr. Pat Woods be appointed to the Board of
Directors for a three-year term commencing April 28, 1999, as the term of office of the
City's nominee, Ms. Coleen Carson, will expire on April 27, 1999 -- be referred to the
Nominating Committee.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk