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1999-08-23_Minutes 87-644 COMMON COUNCIL AUGUST 23, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of August, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. 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; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of Douglas Avenue Christian 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 August 9, 1999, be approved. Councillor Titus asked how, in the absence of an item on the Common Council agenda on business arising from the minutes, he could address item 28 on the August 9, 1999 Council agenda, being a letter from the Federation of Canadian Municipalities forwarding the response from Federal Finance Minister The Honourable Paul Martin to a resolution on tax deductibility for campaign donations. The Mayor advised that Councillor Titus could speak on this matter at this time whereupon Councillor Titus suggested that, as the Federal Government had chosen to dismiss this resolution, this matter should now be referred to the Provincial Government for its consideration of giving a tax break on municipal campaign donations. The Mayor expressed the view that, as Council at the last meeting received and filed the letter from the Federation, this matter would have to be placed again on a Council agenda for further action. * Added Item On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that an item on tax deductibility for municipal campaign donations be added to the agenda of this meeting as item 2A Question being taken, the motion was carried with Councillor Desmond voting "nay". Question being taken, the original motion was carried. 87-645 COMMON COUNCIL AUGUST 23, 1999 *2A. Tax Deductibility For CampaiQn Donations On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the resolution forwarded to FCM on tax deductibility for municipal campaign donations be referred to the Cities of New Brunswick Association. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 477 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 477 Millidge Avenue (NBGIC Number 55115059), from "R-1 B" One Family Residential to "B- 2" General Business classification, to permit a commercial development consisting of two one-storey office buildings with a total gross floor area of approximately 10,000 square feet, as requested by NJP Developments Inc., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 17, 1999 meeting at which the applicant expressed objection to the staff recommendation and explained the merits of the proposed commercial development, and David Gorman raised concerns regarding storm water drainage for the general area; and recommending that Common Council re-zone an area of land located at 477 Millidge Avenue, having an approximate area of 5000 square metres (53,821 square feet), also identified as being a portion of NBGIC Number 55115059, from "R-1 B" One Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would (a) prohibit the following uses on the subject site: a gasoline bar, a car sales lot or a mobile or travel trailer sales lot, a repair garage, a service station, or a car and/or truck wash; (b) parking and loading areas and driveways must be developed with an asphalt surface enclosed with continuous concrete curbing; (c) public utilities must be provided underground; (d) adequate site drainage facilities, including catch basins connected to the City storm sewer system, must be provided in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer; (e) all areas of the site not occupied by buildings, structures, parking, and driveways must be landscaped and maintained; (f) the above-mentioned work must be undertaken in accordance with a detailed site plan approved by the Development Officer; (g) no building permit shall be issued, except for site preparation work, until the mentioned site and drainage plans are approved; and (h) all required work must be completed to the satisfaction of the Development Officer and Chief City Engineer within one (1) year from the issuance of the building permit. Peter Pappas, appearing in support of the proposal on behalf of NJP Developments Inc., referenced the diagram submitted with his application for re-zoning illustrating two buildings on the subject site, and advised that his target market for tenants in the type of development proposed would be business clientele, medical and business offices. Mr. Pappas expressed the view that the subject property, due to its location in front of an electrical substation, was not desirable for residential development, thus the reason for his request to a "B-2" re-zoning. On motion of Councillor Desmond Seconded by Councillor Vincent 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 477 Millidge Avenue (a portion of NBGIC Number 55115059), having an approximate area of 5000 square metres (53,821 square feet), from "R-1 B" One Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 87 -646 COMMON COUNCIL AUGUST 23, 1999 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 Vincent 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 477 Millidge Avenue (a portion of NBGIC Number 55115059), having an approximate area of 5000 square metres (53,821 square feet), from "R-1 B" One Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning by-law of the City of Saint John. On motion of Deputy Mayor Chase Seconded by Councillor Ball 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 375 Somerset 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 375 Somerset Street (NBGIC Number 46169), having an area of approximately 580 square metres (6,250 square feet), from "IL-1" Neighbourhood Institutional to "R-2" One and Two Family Residential classification, to establish and operate a doctor's office on the ground floor and residential use on the upper floor, as requested by Dr. Gary Fecteau, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 17, 1999 meeting at which the applicant stated his agreement with the majority of staff's recommendation, indicating that at some point he may wish to have a total of three doctors practicing at this location while Planning staff indicated that the proposed residential zone would only permit a maximum of two doctors at this location, and also that he would prefer to have the flexibility to operate one evening per week, and advising that the Committee amended the hours of operation for the clinic to reflect this request, and also granted the necessary variances from the parking standard for the proposed use; and recommending that Common Council re-zone a parcel of land located at 375 Somerset Street, having an area of approximately 580 square metres (6,250 square feet), also identified as being NBGIC Number46169, from "IL-1" Neighbourhood Institutional to "R-2" One and Two Family Residential classification. On motion of Councillor Court 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 375 Somerset Street (NBGIC Number 46169), having an area of approximately 580 square metres (6,250 square feet), from "IL-1" Neighbourhood Institutional to "R-2" One and Two Family Residential classification, be read a first time. Question being taken, the motion was carried. 87-647 COMMON COUNCIL AUGUST 23, 1999 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor 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 parcel of land located at 375 Somerset Street (NBGIC Number 46169), having an area of approximately 580 square metres (6,250 square feet), from "IL-1" Neighbourhood Institutional 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 Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-law Amendment To Re-Zone 895 Grandview Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 895 Grandview Avenue (NBGIC Number 434134), having an area of approximately 7,300 square feet, from "R-1 B" One Family Residential to "RM-1" Three Storey Multiple Residential classification, to permit the existing building to continue to be used as a rooming house, as requested by Milford and Linda Nason, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and other correspondence considered at the Committee's August 17, 1999 meeting at which the applicants expressed support for the staff recommendation and there were no other presentations; and recommending that Common Council re-zone a parcel of land located at 895 Grandview Avenue, having an area of approximately 678 square metres (7,300 square feet), also identified as NBGIC Number 00434134, from "R-1 B" One Family Residential to "RM-1" Three Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would limit the use of the property to a one-family dwelling or a rooming house with a maximum of six persons. Linda Nason of 889 Grandview Avenue appeared in support of her application; expressed agreement with the above report, and advised her intent to make the necessary changes as soon as possible to bring the subject property up to the required level. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 895 Grandview Avenue (NBGIC Number 00434134), having an area of approximately 678 square metres (7,300 square feet), from "R-1 B" One Family Residential to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 87 -648 COMMON COUNCIL AUGUST 23, 1999 Councillor Trites questioned the possibility of re-zoning the property subject to a Section 39 condition that would limit its use by students, and he suggested that there should be a zoning category more appropriate to the intended use in view of his concern about the zoning classification proposed in that, if the property were passed on, the "RM-1" zoning would also pass on and a rooming house use could occur. Mr. Baird advised that the suggestion of a separate zoning category that did not have three- storey multiple residential implications was one that staff could look at, with another alternative being the concept of a special zone which would set out what would be permitted on a case-by-case basis; and commented on the possibility of extending the Section 39 condition to the concept of students based on past applications for re-zoning dealing with use by senior citizens. Councillor Trites asked that, before third reading, the City Solicitor report to Council on whether or not the Section 39 condition could include for use of students, and also that staff look into a more appropriate designation for zoning of a site for future reference. 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 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 895 Grandview Avenue (NBGIC Number 00434134), having an area of approximately 678 square metres (7,300 square feet), from "R-1 B" One Family Residential to "RM-1" Three Storey Multiple 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 Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Councillor Trites asked if a motion were required on the issues of the Section 39 condition and the zoning classification, to which the Mayor replied in the negative in that staff had made note and would bring these issues back to Council before third reading. 6. Street Closing By-law Amendment Moore Street & Osborne Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop and close a portion of Moore Street and Osborne Avenue, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Moore Street and Osborne Avenue, be read a first time. Question being taken, the motion was carried. 87-649 COMMON COUNCIL AUGUST 23, 1999 Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Moore Street and Osborne Avenue, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 7. Street Closing By-law Amendment Westfield Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment with respect to stopping up and closing a portion of Westfield Road, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Westfield Road, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Westfield Road, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John. Question being taken, the motion was carried. 9. Mayor's Remarks Mayor McAlary proclaimed Tuesday, September 7, 1999 as UNBSJ and Shinerama Day in the City of Saint John, following which Dr. Richard Papenhausen, Director of Student Services at UNBSJ, invited the Council members to UNBSJ's second Commencement Ceremonies on that date; Sasha Patina, Head of Shinerama, commented on this fund-raising event for Cystic Fibrosis, and displayed the Shinerama banner; and Carol Ann Spencer, Orientation and Student Life Coordinator, advised of the East Coast music festival to be held at Tucker Park during Orientation Week, and circulated copies of the list of events for the week. The Mayor also proclaimed September 1999 as Muscular Dystrophy Awareness Week in the City of Saint John; noted the Salvation Army's Summer and Garden Tour and Blueberry Social on August 26, 1999; and spoke on the August 12 to 14, 1999 visit to the City by Saint John's Sister City of Bangor, Maine, referring to a press release on this Sister City exchange. 87-650 COMMON COUNCIL AUGUST 23, 1999 (Councillor Fitzpatrick withdrew from the meeting during the above remarks.) 10. Funding For Provincially- DesiQnated HiQhways On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the correspondence submitted by Mayor McAlary regarding funding for Provincially-designated highways be received and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 11. Re Municipal Election CampaiQn Donations Read a letter from Councillor Titus proposing that Council petition the Provincial Government to amend the Municipalities Act to require disclosure of municipal campaign contributions and contributors; and suggesting that all contributions over $50 be disclosed and campaigns costing more than $10,000 be audited. Councillor Titus suggested that the better way to deal with the above matter would be to refer it the Cities of New Brunswick Association and, if the Association were in support of it, possibly it would have more weight with the Provincial Government. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the following resolution be submitted to the Resolutions Committee of the Cities of New Brunswick Association: "WHEREAS costs incurred by candidates offering for public office at the municipal level can be substantial; and WHEREAS candidates must of necessity rely on campaign contributions from citizens/business in order to defray the costs associated with offering for public office; and WHEREAS it is vital to maintain public confidence in the objectivity of elected persons; and WHEREAS the 'public has a right to know' who is contributing and how much to election campaigns; and WHEREAS other provinces have legislation in place to disclose municipal election campaign contributions: NOW THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association petition the Provincial Government to amend the Municipal Election Act to require disclosure of campaign contributions and contributors.". Question being taken, the motion was carried with Councillor Desmond voting "nay". 12(a) Re Plebiscite On Fluoridation (b) Fluoridation Of City Water Consideration was given to letters from Councillor Chase (a) requesting Council for support in asking the City Solicitor to confirm his opinion that, because the vote on the 1989 plebiscite question on the fluoridation issue was less than the 60% majority needed to make the decision binding on Council, it was Council's prerogative (by resolution) to implement the fluoridation program or not to do so and, likewise, the 87 -651 COMMON COUNCIL AUGUST 23, 1999 decision remains as Council's prerogative (by resolution) to cease the fluoridation process; and (b) submitting for Council's consideration literature regarding the risks, as opposed to the benefits, of treating the water supply with fluoride. 12{a) Mr. Nugent confirmed that, in his view, Council may by resolution choose to undertake a process to cease fluoridation of the City's water in the circumstances at hand; however, as he has been informed by Mr. Hanlon of the Water and Sewerage Services Division that there was at least one approval required under the Health Act in order to fluoridate the water in a fashion that was in compliance with the Health Act and regulations, if, for example, Council passed a resolution to cease fluoridating the water, obviously any legislative regulatory requirements in order to put that decision into effect would need to be met. 12{b) On motion of Councillor Chase Seconded by Councillor Desmond RESOLVED that the City Manager be directed to prepare a recommendation for a public process into the question of whether or not the City of Saint John should continue with the fluoridation of its water supply. During discussion Councillor Titus spoke against the motion on the basis that there was a vast amount of research to show that fluroidation was safe and effective and, if the objection to fluoridation was because of its cost or if it were the civil liberties issue, there would be no point in arguing it or having a public hearing because people rarely could be persuaded to change their minds once they have chosen a side. Question being taken, the motion was carried with Councillor Titus voting "nay". 8. Visit Canada Visitez Consideration was given to a letter from Visit Canada Visitez providing information on its proposal for a trail in Rockwood Park which would bring additional tourists to Saint John and not only promote an interpretative walking trail for residents, fellow Canadians and international tourists but also promote the concept for clean air and a healthy lifestyle; and requesting Land for Public Purposes funding in the amount of $20,000. Kenneth Maybee, Chair of Visit Canada Visitez, introduced members of Visit Canada Visitez's Board of Directors; and addressed Council in the above regard, referring to information provided with the above letter, as well as a summary of the proposal (copies of which were distributed to Council members at this meeting). During discussion the Mayor made the observation that the statement of expenditures, referenced as schedule "a" in the above correspondence, was not included in the information provided by Visit Canada Visitez, and Mr. Maybee advised that he would make this available to the City. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the presentation on behalf of Visit Canada Visitez of a proposal for a trail in Rockwood Park be referred to the City Manager to meet with Kenneth Maybee and submit a recommendation to Council as soon as possible. Question being taken, the motion was carried. 13. SchedulinQ Of Council MeetinQs Read a letter from Councillor Court advising that he would like to discuss the possibility of returning to weekly scheduled meetings commencing September 7, 1999. 87 -652 COMMON COUNCIL AUGUST 23, 1999 On motion of Councillor Court Seconded by Councillor Trites RESOLVED that commencing September 7, 1999, Common Council hold at least three meetings a month, plus one Committee of the Whole meeting, if necessary, with a schedule of Common Council meetings to be released. The Mayor clarified that the three meetings concerned would be scheduled for the same time as the current meetings, being 4:30 p.m. for closed session and 7:00 p.m. for open session, with the exception of the September 20, 1999 meeting which, as already agreed, would commence in public session at 4:30 p.m. for the presentation of the water strategy with public hearings commencing at 7:00 p.m. Councillor Titus expressed the view that, while holding Council meetings every second Monday was an experiment, Council had not really tried it but had just gone on a summer schedule and now, coming into the fall, the motion was not to do that any more; and also that it was incumbent on Council to continue in the current manner and try to streamline the system to make it more efficient and more responsive to the public. Deputy Mayor Chase spoke in support of continuing to meet every second Monday, and suggested that a format should be established by which Council could examine the Council agenda over a period of time and benchmark against the practice in Moncton and Fredericton in an attempt to find efficiencies in the Council agenda. Councillor Ball advised that he preferred meeting every two weeks, with one meeting a month with staff to discuss policy direction and subjects of importance to the changing world and how Council relates to it. Councillor Vincent expressed the view that Council did not have enough time to deal with the real issues because of the way the City ran its meetings and, rather than Council telling the agenda what to do, the agenda was telling Council what to do. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Ball, Titus and Vincent voting "nay". (Councillor Vincent withdrew from the meeting.) 14. Tender For Contract 99-14 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 99-14: Kennebecasis Drive - construction of sewage lift stations, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $614,622.50, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 15. ProQress Payment - Contract 98-22 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising, with regard to Contract 98-22 - Belgian Road /Loch Lomond Road pressure reducing vaults which was awarded by Council on December 14, 1998 to Fairville Construction Ltd. for a total of $154,436, the final contract value to be paid to the contractor, including all extra work, is $160,958.06, and also that, taking into consideration an HST rebate of 57.14% of HST paid on contracts, the overall net expenditure for Contract 98-22 will be $148,961.79, be received and filed. Question being taken, the motion was carried. 87-653 COMMON COUNCIL AUGUST 23, 1999 16. ParkinQ On Candlewood Lane Consideration was given to a report from the City Manager submitting, further to Council's tabling on June 28, 1999 of third reading of a proposed Traffic By-law amendment with regard to parking on Candlewood Lane, a further letter from Property Maintenance Ltd. highlighting safety concerns; and advising the results of a survey conducted to determine the wishes of residents regarding parking on Candlewood Lane, as well as of staff's meeting on-site with representatives of Property Management Ltd. and staff's opportunity to speak with a couple of residents with the opposite point of view on parking, making it quite apparent that both groups of citizens feel very strongly about the issue. Also submitted with the City Manager's report was a copy of the City Solicitor's report to Council on June 28, 1999 advising that third reading of the proposed amendment was in order if Council so wished. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the matter of the Traffic By-law amendment for Candlewood Lane be taken from the table and the City Manager's above report be received and filed. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Candlewood Lane, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting as he was not present for the July 26, 1999 public hearing of the proposed re-zoning of property at 1111 Churchland Road.) 17. Proposed Re-Zoning Of 1111 Churchland Road Consideration was given to a report from the City Manager referring to the July 26, 1999 public hearing for the proposed re-zoning of property located at 1111 Churchland Road at which Council gave first and second readings to the re-zoning of a 100-foot portion of the subject property, withholding third reading until the applicant provided a scaled drawing indicating the location for the access road which is acceptable to the Chief City Engineer; submitting a copy of the applicant's drawing illustrating the proposed location for the access road to the site, as well a plan showing the revised access roadway which Engineering has indicated is suitable; and advising that the sketch forming part of the By-law, also on the agenda of this meeting under item 21, illustrates the approved driveway location. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council proceed with third reading to re-zone a 100-foot wide portion of property located at 1111 Churchland Road, with the Section 39 conditions recommended by the Planning Advisory Committee. Question being taken, the motion was carried. 87 -654 COMMON COUNCIL AUGUST 23, 1999 21. Zoning By-law Amendment Re 1111 Churchland Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-509 A 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 Churchland 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to 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. The by-law entitled, "By-law Number C.P. 100-509 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 18. Purchase Of Land Loch Lomond Road And 251 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council authorize: (a) the purchase of 3,559 square feet of land for a public street located on Loch Lomond Road from Irving Oil Limited for $7,118; (b) the purchase of 3,382 square feet of land for an easement for a sewer pipeline with rights to enter for construction, maintenance, repair and replacement at 251 Rothesay Avenue from Irving Oil Limited for $10,146; and (c) with respect to recommendation (a), the preparation and filing of a subdivision plan vesting the land as a public street. Question being taken, the motion was carried. 19. Amendment To August 24, 1998 Council Resolution Re Right-Of-Way From Sydney Street To Rear Of 8-12 Charlotte Street Read a report from the City Manager referring to Common Council resolution of August 24, 1998 giving to the Hart Isaacs Estate a right-of-way from Sydney Street over City land to the rear of buildings located at 8-12 Charlotte Street, further to which the City has been advised that the title to the lands is no longer held by the Estate but in the names of the beneficiaries; and advising that the owners have requested an amendment to the resolution to reflect the current ownership of the property and to facilitate the completion of the proposed transaction. 87 -655 COMMON COUNCIL AUGUST 23, 1999 On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of August 24, 1998, giving a right- of-way from Sydney Street over City Land to the rear of buildings located at 8-12 Charlotte Street, by deleting the name "Hart Isaacs Estate" and substituting therefor the names "Israel David Isaacs, Joseph Paul Isaacs and Norman Isaacs", and in all other respects the resolution remains the same. Question being taken, the motion was carried. 20. Local Boards - Conflict Of Interest Consideration was given to a report from the City Solicitor responding to Council's July 26, 1999 request for a report on the matter of conflict of interest guidelines when work is contracted by a City committee to a member of that committee, whether there is a difference in the application of those guidelines when the contract is tendered, and if the City's policy for payments for contracted work extends to committees; expressing the view that a member of any body whose entire membership is appointed by Common Council would have a conflict of interest for purposes of the Municipalities Act if he were to seek or obtain from that body a contract from which he would benefit financially; and emphasizing, however, that the mere fact that a member has a conflict of interest is not an offence under the Act but rather that the Act provides for the course of conduct which must be followed by a member in the circumstances as set out herein. The report states that the conflict of interest provisions of the Act as described apply whether or not a contract is issued pursuant to a tender; advises that, although to his knowledge Council has not adopted a policy respecting payments made under contract, such a policy in any event could only have effect if it were made part of the terms of the contract in question. and presumably any contract would expressly provide for the terms of a payment to be made thereunder; and expresses the view that any body established or funded by the City has an obvious responsibility to assure that any contract it enters clearly establishes the terms of payment thereunder. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the above report from the City Solicitor be received and filed. Mr. Nugent clarified that he referenced the Saint John Horticultural Association on page two of the above report in error, having had in mind the Rockwood Park Advisory Board. Councillor Chase advised that, after dealing with the above motion, he would like to refer to the City Solicitor the legality of a motion, if Council were to consider making a policy, that any contract to be let to a member of a Council- appointed committee be publicly tendered, or that no member of a Council-appointed committee shall take a contract unless it was publicly tendered. (Councillors Ball and Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. The Mayor advised that Councillor Chase could now put forth his motion in the above regard, whereupon Councillor Chase proposed referral to the City Solicitor of the legality of a policy that no contract was to be let to a member of a Council- appointed committee unless that contract was publicly tendered by that committee. Councillor Trites suggested that Councillor Chase should prepare an item in this regard for the agenda of the next meeting, and the Mayor advised that, in all fairness to let the Council members think about and study it, she would prefer that the item be placed on the agenda of the next meeting. 22. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) 87-656 COMMON COUNCIL AUGUST 23, 1999 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, August 9, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Council authorize the purchase of the property at 188 Lancaster Avenue from The TDL Group Ltd. for the agreed-upon price of $80,000, plus applicable taxes, such property required for the alignment of Fairville Boulevard (formerly Raynes Avenue) with Bridge Street. 2. That as recommended by the City Manager, (1) Common Council accept the offer of purchase as presented by 059525 N.B. Ltd. and authorize the sale of a 23,580 square foot:t portion of NBGIC Number 55093983 and all of NBGIC Number 55092670, along Chesley Drive, as generally shown on the submitted plan, for the purchase price of $31,000, plus HST; (2) the sale to 059525 N.B. Ltd. be subject to the reservation of any land needed for street purposes, rights-of-way, or easement(s) for municipal services and that such reservations be made prior to conveyance; (3) the deed contain a restriction limiting the use of NBGIC Number 55092670 to parking, green space, signage, access and egress, and this portion of lands to be conveyed be developed in conjunction with the subject portion of NBGIC Number 55093983, as generally shown on the plan provided, and not as a separate building lot; (4) the closing date be on or before November 19, 1999; (5) the Mayor and Common Clerk be authorized to execute the necessary documents and plans; (6) assent be given to any required municipal service easements; and (7) upon the successful completion of this sale: (a) a commission in the amount of $2,080 plus HST be paid to ReMax Professionals Saint John Inc., and (b) the net proceeds from the sale (i.e. purchase price less commission, surveying and related costs, etc.) be shared in accordance with the 1969 North End Urban Renewal Partnership Agreement. 3. That as recommended by the City Manager, Section 5.1 of the City's Vehicle Policy be amended to reflect the fact that general fleet management and maintenance of City vehicles is the responsibility of Materials Management, a division of Corporate Services. August 23, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22.1. Purchase Of 188 Lancaster Avenue On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 22.2. Sale Of Property On Chesley Drive On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that section 2 of the above report be adopted.(Re use of property - Rescinded ceo January 20,2003 Bk. 89 Pg.475) Question being taken, the motion was carried. 87 -657 COMMON COUNCIL AUGUST 23, 1999 22.3. Amendment To Vehicle Policv On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 23. Pension Plan - 1998 Annual Report On motion of Councillor Trites Seconded by Councillor White RESOLVED that the 1998 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. Question being taken, the motion was carried. 24. P. Whitebone - Feeding Of Birds In Rockwood Park On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from P. Whitebone proposing that the City enact a by-law prohibiting the feeding of birds in Rockwood Park, be referred to the Rockwood Park Advisory Board. Question being taken, the motion was carried. 25. D.R. Crandall - City's Historic Sites On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from D.R. Crandall advising that, while visiting Saint John and doing a tour of the City's historic military sites, he was appalled by the lack of smooth-bore historic guns on these sites, the neglect of the sites and the three guns that he saw, and the lack of visitors at these sites; and expressing the belief that, if the City were serious about making some changes and adding some guns to its military sites which would attract tourists, possibly he could help, be referred to the appropriate groups involved. The Mayor suggested that, as more than one group was involved with the City's military sites, a letter could be sent to Mr. Crandall explaining the expense of this type of activity and when the City was doing its study of Fort Howe and Fort LaTour it would pass on his comments, and agreed that a copy of Mr. Crandall's letter could be forwarded to the various groups involved. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 26. Several Students - Employment With Lovalist HeritaQe Festival On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the letter from several students advising of their experience as summer students able to secure summer employment with several non-profit and charitable organizations, assisting the Loyalist Heritage Festival in developing and presenting a program for 1999, be received and filed. 87-658 COMMON COUNCIL AUGUST 23, 1999 Question being taken, the motion was carried. 27. Bertha Wood-Holt Re Monument In KinQ's Square On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Bertha Wood-Holt commenting further to a recent newspaper article quoting the Mayor as saying that the Chinese monument in King's Square is staying and only the Preservation Review Board has objected, be referred to the Mayor for response. Councillor Fitzpatrick initially proposed a motion to receive and file the above letter whereupon the Mayor asked that the letter be referred to her. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 28. Gordon Myles Re Tires On Red Head Beach On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Gordon Hutson Myles commenting on the matter of tires and material installed on Red Head Beach to prevent the erosion of properties, be received and filed. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above letter be referred to the City Manager. Question being taken, the referral motion was carried. 29. Union Of the New Brunswick Municipalities Re MeetinQ On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the memo from the Union of the New Brunswick Municipalities advising of the zone meeting on September 18, 1999, and the deadline date for resolutions for the upcoming annual meeting in October, be received and filed. Question being taken, the motion was carried. 30. A.C. Fairweather & Sons Limited Re-ZoninQ Property Ashburn Road On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that the application of AC. Fairweather & Sons Limited for the re-zoning of property located at 900 Ashburn Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, October 4, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87-659 COMMON COUNCIL AUGUST 23, 1999 31. Hughes Surveys & Consultants Ltd. Re-ZoninQ Of 477 MillidQe Avenue On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property located at 477 Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, October 4, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk