1999-07-26_Minutes
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COMMON COUNCIL
JULY 26, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-sixth day of July, A.D., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Chase, Court, Desmond,
Titus, Trites, Vincent and White
- and -
Messrs. P. Woods, Deputy City Manager; B. Cullinan, Solicitor;
P. Groody, Commissioner of Municipal Operations; W. Butler,
Commissioner of Community Services; S. Galbraith, Director of
Works; S. Lodhi, Manager of Real Estate and Property
Management; R. Pollock, Planner; D. Crawford, Deputy Building
Inspector; D. Logan, Purchasing Agent; A. Bodechon, Deputy
Chief of Police; R. Simonds, Deputy Fire Chief; Mrs. M. Munford,
Common Clerk; and Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Reverend Bob Freill of
the Roman Catholic Diocese of Saint John offered the opening prayer.
2. Approval of Minutes
(Councillor Chase withdrew from the meeting.)
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting of
Common Council, held on July 12, 1999, be approved.
Question being taken, the motion was carried.
Mayor McAlary expressed condolences to the family of the late Dr.
Frederick D. Hodges, a former member of Common Council, who passed away on July
21, 1999.
Mayor McAlary presented a certificate to Harold Mayes, Honourary
Charter Official for the City of Saint John, for the year May 18, 1999 to May 17, 2000, as
Warden of the Port.
(Councillor Chase re-entered the meeting.)
3(a) Zoning By-law Amendment Re
Property At 533 Rothesay Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to (1) a proposed Zoning By-law text amendment to add to
Section 30(1) "special zones SZ#4", and add Section 740(4) setting out the uses,
conditions of use and zone standards; and (2) the proposed re-zoning of a parcel of land
located at 533 Rothesay Avenue (NBGIC Numbers 55108948 and 55108955), having an
area of approximately 1.7 hectares (4.2 acres), from "1-2" Heavy Industrial to "SZ#4"
Special Zone #4, to permit the establishment of a licensed lounge, as requested by
D.R.'s General Construction & Management, and 3{c) a written objection was received in
this regard.
3{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and copies of letters considered
at the Committee's July 20, 1999 meeting at which Edward Keyes, on behalf of the
applicant, spoke in favour of the application; advising of the Committee's decision to
recommend that the proposed amendment be approved subject to a number of
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JULY 26, 1999
conditions, and also that third reading not be given to the amendment until Common
Council receives confirmation from CN Rail regarding the low volume of rail traffic and
the low speed the trains travel in the subject area as indicated in Mr. Keyes'
presentation; and recommending that Common Council amend the City of Saint John
Zoning By-law by: (A)(1) adding the following to the list of zones in Section 30(1):
"special zones SZ#4"; (2) adding the following as Section 740(4): (4) Special Zone #4
(SZ#4)
(a)
Uses
Any land, building or structure may be used for the purposes of, and for
no other purpose than,
(i) the following uses:
all uses permitted in Section 630(1)(a);
the following uses subject to such terms and conditions as may be
imposed by the Committee:
a club or lounge;
all other uses permitted in Section 630(1)(b);
subject to Section 830, an accessory building, structure or use,
incidental to a use, building or structure permitted in this zone.
Zone Standards
Standards for development in Special Zone #4 shall be as set out in
Section 630(3), and Section 810 to 910 where this zone shall be
considered an "1-2" zone, an "I" zone, or an industrial zone, as the case
may be."; and
(3) re-zoning a parcel of land located at 533 Rothesay Avenue (NBGIC Numbers
55108948 and 55108955), having an area of approximately 1.7 hectares (4.2 acres),
from "1-2" Heavy Industrial to "SZ #4" Special Zone #4, subject to a resolution pursuant
to Section 39 of the Community Planning Act, setting out the following conditions: (a) the
proponent must upgrade the railway crossing to a public standard, including asphalt and
rubber rail seal, in accordance with CN requirements; (b) the proponent must upgrade
the existing 30-foot right-of-way from Rothesay Avenue to the subject site with asphalt
paving, concrete curbs, sidewalk, and installation of a stop sign at Rothesay Avenue, all
completed to City standards; (c) the proponent must install and maintain a fence along
the entire length of the subject site where it abuts the railway line, in accordance with CN
requirements; (d) the proponent must develop and maintain the site with landscaping,
paved parking area and driveway, and concrete curbs where necessary to protect
landscaped areas and facilitate proper drainage, all in accordance with a site plan to be
prepared by the proponent and subject to the approval of the Development Officer; and
(e) the proponent must connect the existing building to the City sewer on Rothesay
Avenue in a manner acceptable to the Chief City Engineer; and (B) third reading not be
given to the amendment until Common Council receives confirmation from CN Rail
regarding the low volume of rail traffic and low speed the trains travel in the subject area.
(ii)
(iii)
(b)
Edward Keyes of the law firm of Patterson Palmer Hunt Murphy,
representing the applicant, appeared in support of the application; expressed agreement
with the Planning Advisory Committee's recommendation; and offered to respond to
questions in this regard.
Mr. Keyes responded to questions on the issue of the railway, the number
of trains and the private crossing, noting the Planning Advisory Committee's
recommendation (B) in that the person in charge of this matter at CN was on vacation
until August 3; and advised that his client was prepared to do whatever was required by
CN to upgrade that crossing, and had permission to go under the tracks with respect to
the water and sewerage line that had to go in, as well as do whatever the City required.
On motion of Councillor Chase
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, by (1) adding "special zones SZ#4" to the list of
zones in Section 30(1) and its uses and zone standards as Section 740(4); and (2) re-
zoning a parcel of land located at 533 Rothesay Avenue (NBGIC Numbers 55108948
and 55108955), having an area of approximately 1.7 hectares (4.2 acres), from "1-2"
Heavy Industrial to "SZ#4" Special Zone #4, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first.
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JULY 26, 1999
Mr. Simonds responded to Councillor White's questions on the procedure
relevant to having trains broken or moved in situations that required emergency vehicles
to gain access to the opposite side of the track and, as to the time frame involved in this
procedure, advised that, while any time delay was always problematic if unable to get to
someone requiring emergency medical assistance or perhaps assistance from the Fire
Department itself, he was not aware of any problems in terms of any undue delays but,
in terms of speculating whether it would be one or two minutes, he could not say with
any real credence as to what the time would be. In response to Councillor Vincent's
question as to the rationale used by Planning staff in reaching the conclusion in the
report to the Planning Advisory Committee that, while the subject site is located in an
area that is appropriate for retail, office and lounge development, the nature of the
access to the site is not appropriate, Mr. Pollock advised that the reason for staff's
recommendation was this was a private crossing, albeit one that has signal lights which
is a plus for it, which is not at a good standard and, even if upgraded to an acceptable
level, the fact remains that there would be a licensed drinking establishment, with one
access across this private crossing, serving up to two hundred people. Mr. Cullinan, in
response to Deputy Mayor Chase, advised that Corporate Services could be contacted
for public information in terms of principals of the Company named as the applicant in
this matter. Councillor Trites asked if, given the fact that Planning staff recommended
denial of the application and the Planning Advisory Committee recommended approval
and Council would make the final decision, the City could be held liable and named in a
lawsuit in the event of an accident at that crossing because the City gave permission for
that particular use of that property through re-zoning. Mr. Cullinan replied that he had
not researched that matter; however, as a practical matter, the City probably would be
named, thus it would be prudent to have the City named as an additional name insured
on the insurance policy so that the City could seek some protection under that, and to
have that as part of a Section 39 resolution. Councillor Trites asked about the City's
liability as a municipality basically inviting citizens to use that crossing, subject to CN's
approval, should Council grant a re-zoning for a licensed establishment, to which Mr.
Cullinan advised that he had not researched on that particular issue.
Question being taken, the motion was lost with the Mayor, Deputy Mayor
Chase and Councillors Court, Titus, Trites, White and Vincent voting "nay".
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-law Amendment To
Re-zone 1111 Churchland Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a portion of property located at 1111
Churchland Road (NBGIC Number 352047), having an area of approximately 19.4
hectares (48 acres), from "RS-1 M" One and Two Family and Mobile Home Suburban
Residential and "RFM" Rural Mobile Home to "RF" Rural classification, to permit the
removal of excavated material onto Churchland Road, as requested by Anthony Debly,
and 4{c) letters of opposition were received in this regard.
4{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and correspondence considered
at the Committee's July 20 meeting at which Majid Debly spoke on behalf of the
applicant in favour of the proposal and Planning staff's recommendation, including
relocation of the access point on Churchland Road to the top of the knoll, and a large
number of people attended in opposition to the proposal indicating that they did not want
another gravel pit to be established in this area based on concerns including noise,
deforestation, erosion, siltation of nearby streams, ponds and lakes, potential decline in
property values, suitability of the roads for truck traffic, and groundwater contamination;
advising of the Committee's decision to recommend that only a 1 OO-foot wide area of
land be re-zoned to provide access from the existing "RF" Rural portion of the site
directly to Churchland Road, located in the same general area as the existing driveway
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but adjusted as recommended by Engineering so that it intersects with Church land Road
at the top of the knoll; suggesting that, as the exact location and extent of the area to be
re-zoned would need to be accurately identified on a map, third reading not be given
until the applicant submits a scaled drawing indicating the location for the access road;
and recommending that (1) Common Council re-zone a portion of property located at
1111 Churchland Road (a portion of NBGIC Number 352047), having a frontage of
approximately 100 feet on Church land Road and a width of 100 feet extending to the
existing "RF" Rural zone and in the general area of the existing access from Churchland
Road, from "RFM" Rural Mobile Home to "RF" Rural classification, subject to a resolution
pursuant to Section 39 of the Community Planning Act with the following conditions: (a)
access to the property for the purpose of removal of excavated material be from
Churchland Road with the exact location of the access point to be subject to the
approval of the Chief City Engineer; (b) truck traffic accessing the property shall not
travel on Churchland Road south of the subject property; and (c) the driveway access
must be paved with asphalt for the first 30 metres (100 feet) from its intersection with the
street, with such work to be completed no later than 3 months after the issuance of the
first excavation permit following enactment of this re-zoning, and no further excavation
permit will be issued and no further excavation shall take place if the paving work is not
completed; and (2) Common Council not give third reading to the re-zoning until the
applicant provides a scaled drawing indicating the location for the access road, which is
acceptable to the Chief City Engineer.
John Henderson, a lawyer residing at 900 Churchland Road - the closest
residence to the subject property, appeared before Council and, during his comments in
opposition to the proposed re-zoning, presented slides of the area in question to
illustrate the location of the property and its proximity to brooks, lakes, marshland and
roads, as well as to indicate an apparent gravel pit activity underway on the property,
and an access road to the property through to Mabee Road, a very narrow road which,
in his view, would be unsuitable for the heavy truck traffic that would be used by the
applicant. Mr. Henderson expressed concern about erosion, environmental impact,
truck traffic, and the noise from excavation activity; and questioned the applicant's intent
to reclaim a gravel pit as agricultural land based on his understanding, having spoken
with a Department of Agriculture representative in Sussex who had no knowledge of that
ever having occurred, that the cost to do so would represent quite a steep economical
price. Mr. Henderson noted the opposition to the proposed re-zoning, as indicated in the
above report from the Planning Advisory Committee; and made the observation that the
re-zoning would change the use of the subject property to one in contravention of the
Municipal Plan. Mr. Henderson advised that, while he did not want to see the re-zoning
go through because he did not want a gravel pit that close to his home nor did he like the
noise, if the re-zoning had to go through, the only way he could see it being palatable at
all would be as recommended by the Planning Advisory Committee and in terms of
minimizing the impact on the neighbours.
Margaret Dube of 1313 Grandview Avenue spoke in opposition to the re-
zoning on the basis of her concern about allowing present pits to get any bigger, or to
allow a gravel pit use to go through at all, before the pits and quarries strategy comes
through, as well as about lack of buffer zones around gravel pits and about excavation
having commenced before being approved.
Odette McGrath of 31 Lackie Road, appearing in opposition to the re-
zoning, asked why something has not been done with regard to the excavation taking
place on the subject property without approval.
Janet Brockway of 381 Churchland Road stated her opposition to the re-
zoning, expressing concern about the lack of police patrols to control the situation of
speeding trucks, and the operation starting without permission.
Garry Prosser of Red Head appeared in opposition to the re-zoning,
questioning the excavation activity being undertaken on the subject property as shown in
the slides presented above by Mr. Henderson, as well as the location of the proposed
access road.
Majid Debly of Birch Road, appearing on behalf of the applicant in support
of the re-zoning, advised of his brother's plans to, in time, build his home on the 250-
acre piece of property on Churchland Road, having during the winter cut a road out and
started building a driveway for which material was hauled both in and out; and explained
that, while the original request to the City was for an excavation permit, the issue came
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up once the driveway was in that they would be hauling over land that was not zoned for
that and, not wanting to go out Mabee Road because it was too heavily populated and
their trucks would add to the number of trucks using that Road as there was another
contractor hauling out there, it would have caused a problem from a safety point of view.
Mr. Debly also advised that one of the reasons for wanting access to the property from
Churchland Road was because Golden Grove Road has more vehicular traffic which
seemed to travel faster than on Churchland Road; and expressed agreement with
Engineering staff's recommendation that the access road be moved fifty feet to the north
closer to Golden Grove Road. Mr. Debly addressed the residents' concerns with regard
to speeding trucks, the environment, excavation and filling to date of the subject
property, noise, and an incident of Saturday trucking; compared the property at 308
Churchland Road, which they had excavated and rehabilitated, in terms of what was
proposed for the subject property which would result, in his view, in upgrading the
neighbourhood; and made the observation that there were people on the Churchland
Road who did not have a problem with the development and whose names were not on
the petition.
Mr. Debly responded to questions on the proposal during which time he
advised the intent to do everything they could to fit into, and not disrupt, the
neighbourhood, and that it was not the intent to have a long-term pit there; and
confirmed that, if Council did not approve the re-zoning, they would have to consider
using Mabee Road, and also that they agreed with the access as recommended by the
Planning Advisory Committee.
On motion of Councillor Trites
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 a portion of
property located at 1111 Church land Road, having a frontage of approximately 100 feet
on Churchland Road and a width of 100 feet extending to the existing "RF" Rural zone,
also identified as being a portion of NBGIC Number 352047 in the general area of the
existing access from Churchland Road, from "RFM" Rural Mobile Home to "RF" Rural
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, be read a first time.
Mr. Crawford apprised Council of the excavation permit requirement and
controls; Mr. Pollock responded to questions on matters, including access and
notification to residents of the area of the proposal; and, as to applying a timeframe on a
zoning for a gravel pit, Mr. Cullinan expressed the view that Council could impose such if
it were already provided in the By-law and the By-law would then operate in accordance
with whatever conditions were imposed.
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 a portion of
property located at 1111 Church land Road, having a frontage of approximately 100 feet
on Churchland Road and a width of 100 feet extending to the existing "RF" Rural zone,
also identified as being a portion of NBGIC Number 352047 in the general area of the
existing access from Churchland Road, from "RFM" Rural Mobile Home to "RF" Rural
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.
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JULY 26, 1999
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council not give third reading to the re-
zoning of 1111 Church land Road until the applicant provides a scaled drawing indicating
the location for the access road, which is acceptable to the Chief City Engineer.
Question being taken, the motion was carried.
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
5. Enhancement Of Water Utility Services
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
Titus, which was tabled at the last meeting, regarding the Water Utility, and the number
of locations within the City, such as Ragged Point, that lack this essential service; and
proposing that staff be directed to advise how Council could set up a special
fund/account within the Utility to enhance the efforts in such areas, be referred to the
City Manager for a report to Council.
The Mayor asked that the requested report include information on the
areas and cost of extending the services to such areas, and Councillor White suggested
that information on the number of households in each of the areas should also be
included in the report. Councillor Titus acknowledged that, if Council accepted the
principle that there should be a special fund or account in place to eventually deal with
some of these areas in the future, it would be necessary to have information on the
areas and the cost; and suggested that, if the information on areas and cost and the
need to prioritize areas were to be a stumbling block, Council may as well forget about
the principle right now as it would be a wasted effort.
Question being taken, the motion was carried.
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the City Manager bring
forth information regarding areas within the City boundaries and perhaps the number of
households within those areas that do not have City services.
Councillor White agreed to add to the motion that the approximate costs
also be included in the information. Councillor Trites advised his intent to support the
motion if the reference to costs were removed; and Deputy Mayor Chase spoke against
the request for such information on the basis that Council, at this time, was dealing only
with an initiative of a special fund. The Mayor called for the question on the motion as
set out above.
Question being taken, the motion was carried with Deputy Mayor Chase
voting "nay".
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6. Red Head Beach
(Councillor Trites withdrew from the meeting.)
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED the letter from Councillor
Titus, which was tabled at the last meeting, expressing concern about the dumping of
tires at Red Head beach, apparently done under a 1998 government grant, which are a
serious pollution concern, an eyesore and a potential fire hazard; and recommending
that Council contact the Provincial Government requesting that this matter be
addressed, be received and filed and the recommendation adopted.
(Councillor Trites re-entered the meeting.)
Question being taken, the motion was carried.
7. Conflict Of Interest
Re City Committees
On motion of Councillor Chase
Seconded by Councillor Vincent
RESOLVED that the letter from Councillor
Chase requesting the Legal Department to report to Council on guidelines for conflict of
interest when work is contracted by a City committee to a member of that committee and
if there is a difference in the application of those guidelines when the contract is not
tendered, and also to report on the City of Saint John's policy, if any, for payments for
contracted work and if this policy extends to committees --be referred to the City Solicitor
for a report to Council.
Question being taken, the motion was carried.
8. City Market - Control Of
Humiditv And Temperature
(Councillor Vincent withdrew from the meeting.)
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
White advising that he would like staff to address a concern and report back as to
possible remedies with regard to the control of humidity and temperature in the City
Market -- be referred to the City Manager.
Question being taken, the motion was carried.
9. Terms Of 1999 Bond Issue
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the Mayor and Common Clerk be authorized to execute the debentures
between the City and the New Brunswick Municipal Finance Corporation for the 1999
bond issue of $15,474,000 at the following terms:- Term: 10-Year, Serial Form; Coupon
Rate: Year 1 - 5.200, Year 2 - 5.450, Year 3 - 5.500, Year 4 - 5.550, Year 5 - 5.600, Year
6 - 5.650, Year 7 - 5.700, Year 8 - 5.700, Year 9 - 5.700 and Year 10 - 5.750; Price:
$99.06 Yield to Maturity 5.832%; and Settlement Date: August 11, 1999.
Question being taken, the motion was carried.
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10. Lease Of Stall Nos. 8 - 9. City Market
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, (1) the City lease to Boy's Own Inc., Stall Nos. 8 - 9 in the City Market, for
a period of 5 years, beginning August 1, 1999, using the City's usual form of lease for
rental of stalls in the City Market; (2) the rent to be as per Schedule "A" (City Market
Fees) of the City Market By-law, as amended from time to time; (3) the lease to specify
the products and services to be sold as outlined in the City Manager's submitted report
dated July 13, 1999; and (4) the lease to specify the tenant contribution to the City
Market Promotion Fund, which is equal to six percent of rent and is in addition to rent,
and HST will be added to both the rent and Promotion Fund fees; and further that the
Mayor and Common Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
11. Tender For Contract 99-9
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Contract 99-9, Sherbrooke Street water and sewer construction, be
awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of
$262,656, as calculated based upon estimated quantities, and the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
12. Tender For ThermallmaQinQ Equipment
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Micmac Fire and Safety Ltd., in the amount of $72,680, tax
included, be accepted for the supply of thermal imaging equipment for the Fire
Department.
Question being taken, the motion was carried.
13. Tender For Motorized Equipment - Works
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, (1) in the case of tender number 99-231017T, the tender of Bayview
International Trucks Ltd., in the amount of $315,675, tax included, be accepted for the
supply of 3 new 60,000 LB GVWR cab and chassis; and (2) in the case of tender
number 99-231013T, the tender of Downey Ford Sales Ltd., in the amount of
$134,360.25, tax included, be accepted for the supply of 3 new dual wheel, 4 wheel
drive cab and chassis.
Question being taken, the motion was carried.
14. Tender For Motorized
Equipment - Water And SeweraQe
The Mayor called for a motion to withdraw item 14, being the City
Manager's report on the tender for motorized equipment for Water and Sewerage, from
the agenda of this meeting, the intent being to bring the matter back in two weeks time.
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On motion of Councillor Deputy Mayor Chase
Seconded by Councillor White
RESOLVED item 14 be withdrawn from the
agenda of this meeting.
Question being taken, the motion was carried.
15. Tender For liquid Chlorine
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender submitted by Stanchem Inc. be accepted for the establishment
of a one-year supply agreement for the provision of 68.04 kg cylinders of liquid chlorine,
at a cost of $127.91 per cylinder, and 907 kg cylinders of liquid chlorine, at a cost of
$761.88 per cylinder.
Question being taken, the motion was carried.
16. Tender For Hydrofluosilicic Acid
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender of Stanchem Inc., in the amount of .333 per kilogram for
shipments of 22 tonnes and .311 per kilogram for shipments of 30 tonnes, be accepted
for the supply of hydrofluosilicic acid for a period of one year.
Councillor Chase asked, in view of the favourable vote to the May 8, 1989
plebiscite question on fluoridation of the City's municipal water supply, what legal
implications there would be if the City were to withdraw its position on fluoridating water.
Mr. Cullinan indicated in the negative in terms of having an opinion in this regard at this
time. Councillor Chase advised that, as in the eleven years since the plebiscite there
have been issues with regard to the effect of fluoridation on middle-aged and elderly
people, he would like to see a medical report produced recommending continuance or
discontinuance of fluoridation, and that he would like to make a motion in this regard.
The Mayor noted the motion on the floor with which Council would deal first. Councillor
Desmond agreed with Councillor Chase; and Councillor Trites, in noting that the
question on the motion on the floor was whether or not to accept the tender, suggested
that, if some Councillors wanted to discuss the fluoridation process, they should put it on
a future agenda.
Question being taken, the motion was carried with Councillors Chase and
Desmond voting "nay".
17. Tender For Petroleum Products
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender for the supply of petroleum products for a period of one year be
awarded to the lowest tenderer in each case as follows: (a) unleaded gasoline to
Ultramar Ltd. at a cost of .5313 cents per litre; (b) diesel fuel to Irving Oil Ltd. at a cost of
.4747 cents per litre; and (c) furnace oil to Ultramar Ltd. at a cost of .2622 cents per litre.
In response to Councillor Titus, Mr. Logan advised that, while Saint John
Energy was not approached to see if it wanted to become involved in the above tender,
there is a clause in most of the City tenders for such supply agreements that specifically
indicates that any agency, board or commission of the City of Saint John can and will
take advantage, if they want to, of these tenders and get the tender prices, and is a
requirement put on the bidders that they honour those prices to those commissions; and,
with regard to Saint John Energy, this Commission does fuel its vehicles at the City's gas
bar, thus getting the direct advantage of these prices on gas- and diesel-driven vehicles.
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JULY 26, 1999
(Councillor Vincent re-entered the meeting.)
Question being taken, the motion was carried.
18. Sidewalks On Fundy Drive
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, further to Council's referral on June 28, 1999 of a letter from
Jane Barry regarding sidewalks on Fundy Drive, there is currently one future Capital
Transportation project, which includes sidewalk improvements, identified for Fundy Drive
from Sand Cove Road to Dunn Avenue (Priority 4), and Transportation Engineering staff
will inspect the entire length of Fundy Drive in preparation for the 2000 Capital
Transportation Program and identify areas where sidewalk improvement work should be
undertaken at some time in the future -- be received and filed.
Question being taken, the motion was carried.
19. Re Visitor Accommodation Service
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising that, further to Eric L. Teed's letter to Council on June 28, 1999
suggesting that the provision of an accommodation service should be considered by the
City as a public service with a fee to those who use it, an effective reservation service is
already being offered to visitors at municipal Visitor Information Centres which is well
received and free to visitors and, while improvements to any service can always be
made, staff believes it prudent in this situation to align with forthcoming Provincial
initiatives designed to link all tourism regions -- be received and filed and a copy be
forwarded to Mr. Teed.
Question being taken, the motion was carried.
20. HIP Application #92
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
application: HIP #92 - Oasis Construction for an estimated grant of $24,000 for a
development at 65 St. James Street.
Question being taken, the motion was carried.
21. Grant Of Easement For
Encroachment On Wentworth Street
Consideration was given to a report from the City Manager submitting
correspondence from the Legal Department on its receipt of a request from Timothy M.
Hopkins acting on behalf of the owners of the building at 81 Wentworth Street for the
City to execute an easement permitting the encroachment of his clients' building upon
Wentworth Street; and setting out a recommendation in this regard.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of
easement in favour of the present owners to permit the encroachment of their building at
81 Wentworth Street upon Wentworth Street, such easement to terminate with the
demolition or removal of the encroachment.
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COMMON COUNCIL
JULY 26, 1999
Question being taken, the motion was carried.
22. Grant Of Easement For Encroachment
On Lawrence Long Road & Proposed
Street Closing By-law Amendment
Re Portion of Old Westfield Road
Read a report from the City Manager advising of the request from the
solicitor for the owner of 1496 Westfield Road (M. Wayne Moore) to help rectify two
problems with respect to ownership of that property, one being an encroachment of the
dwelling upon Lawrence Long Road, the second being because of a 1921 plan which
shows the Old Westfield Road running through Mr. Moore's lot at 1496 Westfield Road;
also advising that both of Mr. Moore's problems can be rectified by granting an
easement for the encroachment upon Lawrence Long Road and the "closure" of the
subject portion of Old Westfield Road over the subject property; and setting out a
recommendation in this regard.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, (1) the Mayor and Common Clerk be authorized in consideration of the
payment of $1.00 to execute a grant of easement in favour of the owner of 1496
Westfield Road to permit the encroachment of his building upon Lawrence Long Road,
such easement to terminate with the demolition or removal of the encroachment; (2a)
Common Council authorize the publishing of a notice of its intention to consider the
passing of a by-law to stop-up and close that portion of Westfield Road within the limits
of Lot 78-1 as shown on a sketch prepared by Hughes Surveys & Consultants Ltd. on
June 4, 1997 and, if closed, the conveyance of such closed portion to the owner of 1496
Westfield Road for the sum of $1.00 provided that all costs associated with the street
closing process are paid by the owner of 1496 Westfield Road; and (2b) that the Mayor
and Common Clerk sign any deed of conveyance.
Question being taken, the motion was carried.
22A. Assignment Of Leasehold
Interest In Market Square Complex
Read a report from the City Manager submitting correspondence from the
Legal Department advising of the Bank of Nova Scotia's proposal to sell its leasehold
interest in the Market Square Complex to The Hardman Group Limited and the Bank's
request for the City to join in the documentation pertaining to the ancillary facilities at the
Market Square Complex in which the City has an interest; and setting out a resolution in
this regard.
The Mayor noted Council's receipt of a revised report from the City
Manager in the above regard.
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager and subject to the approval by Saint John Development Corporation of all
documentation, the Mayor and Common Clerk be authorized to execute all City
documents, subject to approval as to legality and form by the City Solicitor, for the
proposed assignment of a leasehold interest in the Market Square Complex from the
Bank of Nova Scotia to The Hardman Group Limited.
Question being taken, the motion was carried.
22B. Release From Covenants And Obligations
In 1992 AQreement & Lease. 55 Union Street
Consideration was given to a report from the City Manager submitting
correspondence from the Legal Department advising of the request from Thomas L.
McGloan, solicitor for Ellis-Don (Atlantic) Limited, for the City to release his client from
the covenants and obligations under the agreement and lease with regard to 55 Union
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COMMON COUNCIL
JULY 26, 1999
Street, as HOOPP Realty Inc. has assumed the rights and obligations of Ellis-Don
(Atlantic) Limited in this regard; and setting out a resolution in this regard.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the City release Ellis-Don (Atlantic) Limited from the covenants and
obligations contained in the agreement dated February 25, 1992 and the lease dated as
of December 22, 1992, with regard to 55 Union Street, provided that HOOPP Realty Inc.
assume the covenants and obligations contained in the said lease and agreement.
Question being taken, the motion was carried.
23. Parking Meter By-law Amendment
Free Metered ParkinQ On Saturday
Read a report from the City Solicitor submitting for Council's consideration
of third reading a proposed Parking Meter By-law amendment with regard to free
metered parking on Saturday, to which Council gave first and second readings on July
12, 1999.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number M-118-10 A By-law To Provide For The Reservation Of Certain Streets Or
Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use
Or Occupation Of The Same By Means Of Mechanical Appliances", be read a third time
and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-law Number M-118-10 A By-law To Provide For
The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To
Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of
Mechanical Appliances", was read in its entirety.
Question being taken, the motion was carried.
24. Zoning By-law Amendment To
Re-zone 225-227 St. John Street &
ImposinQ Of Section 39 Conditions
Councillor Titus, on a point of order with respect to the process, advised
that, although he was not present for the July 12, 1999 public hearing for the proposed
Zoning By-law amendment with regard to 225-225 St. John Street and according to the
process could not vote on third reading, he had taped and watched the public hearing
proceedings on video, and he would like to have a legal ruling as to why he could not
vote on third reading. The Mayor asked Councillor Titus to excuse himself from the
meeting for this item, and suggested that, upon re-entering the meeting, he could put a
motion on the floor to ask the City Solicitor to come back with a report on why he could
not vote on third reading.
(Councillor Titus withdrew from the meeting.)
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-law Number C.P.100-508 A Law To Amend The Zoning By-law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land located at 225-227 St. John
Street (NBGIC Number 365189), from "R-2" One and Two Family Residential to "R-4"
Four Family Residential classification be read a third time and enacted and the
Corporate Common Seal be affixed thereto:
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COMMON COUNCIL
JULY 26, 1999
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the property
is limited to a maximum of three dwelling units; and (b) the existing driveway must be
upgraded with a gravel or asphalt surface within six months of the effective date of re-
zoning.
The by-law entitled, "By-law Number C.P.100-508 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Councillor Titus re-entered the meeting.)
The Mayor asked Councillor Titus if he wanted to make a motion in the
above regard, whereupon Councillor Trites, on a point of order, made the observation
that the issue was not on the agenda of this meeting. The Mayor concurred with this
observation, and suggested that Councillor Titus could bring the matter up at the next
meeting.
25. 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, July 12, 1999, when there
were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court,
Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the
following recommendations, namely:
1. That as recommended by the Nominating Committee, (1) Susan Isaacs-
Lubin and E. Donald McKim be re-appointed to the Saint John Transit Commission for a
three-year term; (2) R. Gary Faloon be appointed as the City's representative on the
Waterways Development Committee of The Team of Champions - Enterprise Saint
John; (3) David Doyle be appointed to the Board of Directors of Saint John Development
Corporation for a term of three years; and (4) Councillor Vincent be appointed as
Council's representative on the Ability Advisory Committee.
2. That as recommended by the City Manager, Council (a) authorize the
purchase of an approximately 6,000 square-foot property located on the Golden Grove
Road from Charles Curtis for the agreed-upon price of $7,000, plus applicable taxes, on
condition that the owner: (i) remove the building and leave the property in a condition
acceptable to the Manager, Real Estate and Facility Management; and (ii) deliver to the
City a deed acceptable to the City Solicitor; and (b) authorize the Mayor and Common
Clerk to sign any documents necessary to give effect to this resolution.
July 26, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
It was suggested that the appointments under 25.1 should be dealt with on an
individual basis.
25.1 (1) Appointment To Transit Commission
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that section 1 (1) of the above
report be adopted.
Question being taken, the motion was carried.
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COMMON COUNCIL
JULY 26, 1999
(Councillor Vincent withdrew from the meeting.)\
25.1 (2) Appointment Of City Representative
On Waterways Development Committee
Team Of Champions - Enterprise Saint John
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that section 1 (2) of the above
report be adopted.
Question being taken, the motion was carried.
25.1 (3) Appointment To Saint
John Development Corporation
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that section 1 (3) of the
above report be adopted.
Question being taken, the motion was carried.
25.1 (4) Appointment Of Council Representative
On Ability Advisory Committee
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that section 1 (4) of the above
report be adopted.
Question being taken, the motion was carried.
25.2. Purchase Of Land In
Loch Lomond Watershed
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
26. Animal Rescue League - Request For
PlantinQ & LandscapinQ Materials
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the letter from the Animal
Rescue League advising of its need for trees, flowers, and planting and landscaping
materials, as per the submitted landscape estimate, for a project to provide a secure
area for the public and the League to view, interact and socialize with shelter animals,
and that the League would be appreciative if the City of Saint John would donate these
items or provide financial assistance to purchase such, be referred to the City Manager
for a recommendation.
Question being taken, the motion was carried.
87 -628
COMMON COUNCIL
JULY 26, 1999
27. William And Doris Evans
Re-zoninQ 155 Hillcrest Drive
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the application of William
and Doris Evans for the re-zoning of property located at 155 Hillcrest Drive 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
Tuesday, September 7, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
28. Saint John South Planning Committee
Request For Donation Re Proiects
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the letter from Constable
Robert Buck, South Central Community Officer, and Henrietta Burns, Vice-Principal of
St. John the Baptist-King Edward School, advising of the formation of the Saint John
South Planning Committee with the mandate to seek positive change through small
workable projects involving citizens from differing age groups and walks of life; and
requesting Council to consider their request for paint supplies to be donated for their
projects, be referred to the City Manager for a recommendation.
Question being taken, the motion was carried.
29. Municipality Of Chatham-Kent
Re Creation Of Reserves
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from the Director
of Legal Services, Municipality of Chatham-Kent, submitting a copy of the Interim Report
to the Chatham-Kent Council from its appointed Municipal Task Force relating to the
proposed creation of a reserve within the municipality, and a resolution passed by the
Council objecting to the current Federal Government Policy with respect to creating or
adding to reserves in existing municipalities; and asking for support and endorsement in
this most important issue which affects many municipalities across Canada, be received
and filed.
Question being taken, the motion was carried.
30. Symphony New Brunswick
Position Of Music Director
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Lisa Lamb,
General Manager of Symphony New Brunswick, submitting a letter from the President of
Symphony New Brunswick describing the Board's position with respect to its decision to
open the role of Music Director to competition for the 2000-2001 season, be received
and filed.
Question being taken, the motion was carried.
87 -629
COMMON COUNCIL
JULY 26, 1999
31. 509730 NB. Ltd. - Designation Of
Former Centenary Queen Square
United Church As HeritaQe Site
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from Philip
Huggard, President of 509730 NB. Ltd., requesting that the former Centenary Queen
Square United Church be designated as a heritage site --be received and filed.
Councillor Trites asked if it was correct that Council had been requested
previously by the Board to designate the subject property and indicated that it was not
willing to do so, to which the Mayor replied that she believed that there had been some
discussion on this quite some time ago, whereupon Councillor Trites made the
observation that the motion was simply a continuation of his view that Council was still
not prepared to do so in that, if something happened in the future and plans for that
building did not take place, its designation as a heritage building would mean there
would be another year before anything could be done with the building and the type of
renovations which could be done on it would be restricted. The Mayor suggested that,
because the future use of the building was not yet known, it might be better to wait to
determine that. Councillor Titus suggested that this matter should be referred to the
Preservation Review Board, as would normally be done with such requests, for a
recommendation, noting that the Board was in place with the expertise to deal with such
matters.
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the letter from Philip
Huggard, President of 509730 NB. Ltd. requesting that the former Centenary Queen
Square United Church be designated as a heritage site --be referred to the Preservation
Review Board and the City Manager for a recommendation.
Councillor Desmond spoke against referral on the basis of his concern
about restrictions that come with a heritage designation.
Question being taken, the referral motion was carried with Councillors
Court and Desmond voting "nay".
32. Beatty & The Beastro - Request To Place
Tables & Chairs KinQ's Square Sidewalk
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Beatty & the
Beastro Restaurant requesting permission to place three small, two seat each tables,
with small umbrellas on the King's Square sidewalk outside the Restaurant during the
peak season of summer -- be referred to the City Manager for action.
Question being taken, the motion was carried.
33. Rotary Building Fund - Request For Financial
Support Re Renovations At Bovs & Girls Club
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from the Rotary
Building Fund requesting financial support for renovation work at The Boys & Girls Club
of Saint John, and the opportunity to make a formal presentation before open Council,
be laid on the table until the Building Committee makes a presentation to Council.
Councillor Desmond initially proposed a motion, which was not seconded,
to refer the above request to the City Manager to find out if funding were available.
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COMMON COUNCIL
JULY 26, 1999
Question being taken, the tabling motion was carried.
34. AIDS Saint John - Request To
Meet Re Outreach ProQram
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from AIDS Saint
John advising of its attempt to put in place a Street Outreach Options Program
(S.O.O.P.), and would appreciate meeting with Council to discuss issues in this regard,
be received and filed.
Question being taken, the motion was carried.
34A. Latimore Lake & Surrounding Area
Residents Association - Appreciation
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letter from the Latimore
Lake & Surrounding Area Residents Association thanking the Mayor and Councillors for
the respect shown on July 12, 1999 during the presentation against the re-zoning of 475
Latimore Lake Road, be received and filed.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk