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1999-10-12_Minutes 87 -712 COMMON COUNCIL OCTOBER 12, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twelfth day of October, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Fitzpatrick, Titus, Trites 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; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Lloyd Lake, a retired Anglican Minister, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Trites Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on October 4, 1999, be approved. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary, in noting the traditional celebration of Halloween on October 31, 1999 and the City of Saint John's tradition of celebrating Halloween on Saturday when October 31 falls on a Sunday, advised that a few weeks ago she had calls from organizations and groups and retail businesses, as well as from other municipalities, to find out what the City intended to do because they wanted to have a uniform night for Halloween and not have it on both nights. The Mayor, in proclaiming that the City of Saint John would celebrate Halloween on Saturday, October 30, 1999, acknowledged that there was certainly no authority for any municipality to set the date as Saturday, October 30; however, she was doing so given the City of Saint John's tradition and that many of the other municipalities have concluded that they would prefer to celebrate Halloween on Saturday, October 30, 1999. Condolences were extended to the family of the late Mr. Fernand G. Dube, Mayor of Campbellton, who passed away on October 5, 1999. 6. LiQht Fixtures On Boars Head Road On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the letter from Councillor Chase advising that residents of Millidgeville have asked that the metal light poles that line Boars Head Road be painted or replaced and, on making some inquiries, Saint John Energy has told him that within the next six to eight months the poles will be replaced with stainless steel poles, be received and filed. Question being taken, the motion was carried. 87 -713 COMMON COUNCIL OCTOBER 12, 1999 7. HIP Applications #94 & 95 The Mayor asked that the portion of the City Manager's recommendation dealing with Villa Ridge Construction Ltd.'s Housing Incentive Program application #95 for 10-20 Derrick Court be withdrawn because further information was required on it. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the portion of the City Manager's recommendation dealing with Villa Ridge Construction Ltd.'s Housing Incentive Program application #95 for 10-20 Derrick Court be withdrawn. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councilor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: (1) HIP #94 - Folkins Estates Inc. for an estimated grant of $40,000 for a development at 1433 Loch Lomond Road. Question being taken, the motion was carried. 8. Proposal For Radio Frequency Meter ReadinQ System On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the proposal of Radix Micro Devices Corporation, at a cost of $40,653, plus applicable taxes, be accepted for a radio frequency meter reading system for Municipal Operations. Question being taken, the motion was carried. 9. Proposal For Exterior PaintinQ Steel Structure On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the proposal of MacDonald Applicators Ltd., at a cost of $33,153, plus applicable taxes, be accepted for exterior painting steel structure 708 Churchill Boulevard. Question being taken, the motion was carried. 10. Tender For Spray Paint Booth On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Allain Equipment Ltd., in the amount of $62,800, plus tax, be accepted for the supply and installation of a new spray paint booth in the Works Depot North, Boars Head Road. Councillor Chase asked, as the need for a new paint booth resulted from the sale of the Eastern Works Depot site on Grandview Avenue, for reassurance that the cost of a new depot plus the above cost was still under the $775,000 sale price of the former site. Mr. Totten confirmed that the expenditure for the paint booth would come from the proceeds of the sale of the Grandview Avenue site; and added that a hold has 87 -714 COMMON COUNCIL OCTOBER 12, 1999 been put on the new depot site at the current time, not necessarily because of the new building costs but because of some further regulations with sand and salt storage, on which he would be submitting a report to Council next week. Question being taken, the motion was carried. 11. TelevisinQ Of Council MeetinQs Read a letter from the Common Clerk advising of a further change being made by Fundy Cable Ltd. in the televising of Council meetings, as outlined in the submitted letter from Steve Lowery, Program Manager of TVNB Saint John, which would delay the start of the broadcast of meetings to 10:00 o'clock on Monday evenings, with a rebroadcast on Tuesday mornings at 9:00 o'clock and, when regular Council meetings are held on a Tuesday, televise the broadcast on Wednesdays at 9:00 o'clock a.m., except when the Provincial Legislature is in session when no coverage would be provided. The Mayor noted Fundy Cable Ltd.'s decision to broadcast the Council meetings so late at night in view of her understanding that many people watch the televised meetings, and suggested that Council could either receive and file the above letter or send a letter to Fundy Cable thanking it for its past service and expressing its views on the change. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that a letter be forwarded to Fundy Cable Ltd. thanking it for its past service in televising Common Council meetings and expressing its views on the change in broadcasting time. Question being taken, the motion was carried. 12. Municipal Plan Amendment 439 Prince Street West Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Home Harbour Estates for a Municipal Plan amendment and re-zoning of property at 439 Prince Street West, and no written objections have been received in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Home Harbour Estates for a Municipal Plan amendment and re-zoning of property at 439 Prince Street West, be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 15, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present for the October 4, 1999 public hearings for the proposed re-zoning of property at 900 Ashburn Road and 477 Millidge Avenue.) 13. Zoning By-law Amendment To Re-Zone 900 Ashburn Road On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-law Number C.P. 100-514 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 900 Ashburn Road, having an area of approximately 10 hectares (25 acres), (being NBGIC Number 87 -715 COMMON COUNCIL OCTOBER 12, 1999 432203), from "RS-2" One and Two Family Suburban Residential 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, a commercial woodcutting operation be subject to the following conditions: (a) no removal of vegetation be permitted within 61 metres (200 feet) of Drury Cove Road or Rothesay Road; (b) no removal of vegetation be permitted within 30 metres (100 feet) of any watercourse, unless a Water Course Alteration Permit is obtained from the N.B. Department of Environment; (c) the hours of operation be limited to 8:00 a.m. to 5:00 p.m., Monday to Saturday; (d) a locked gate be maintained during the operation to prevent illegal vehicular access to the property, and at the completion, a suitable barrier acceptable to the Development Officer be developed to prevent any vehicular access; and (e) any fallen trees as a result of the woodcutting operation are removed to the satisfaction of the Building Inspector. The by-law entitled, "By-law Number C.P. 100-514 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. 14. Zoning By-law Amendment To Re-Zone 477 MillidQe Avenue On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-515 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 477 Millidge Avenue, having an area of approximately 4240 square metres (45,640 square feet) (being the rear portion of NBGIC Number 55115059), from "R-1 B" One Family Residential to "US" Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-515 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 Fitzpatrick re-entered the meeting.) 15. 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 October 4, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the Nominating Committee, the policy adopted by Common Council on March 15, 1999 that Common Council shall appoint only residents of the City to commissions, boards or other organizations, be rescinded. 2. That as recommended by the Nominating Committee, Mr. Stephen MacMackin be appointed as a nominee of the Saint John Board of Trade to the Greater Saint John Economic Development Commission (Enterprise Saint John) for a three-year term, commencing April 1, 1999. 87 -716 COMMON COUNCIL OCTOBER 12, 1999 3. That as recommended by the City Manager, Council relinquish the City's interest in the water easement shown on the amending subdivision plan "Woodlawn Park Subdivision Phase 2", dated April 11 , 1979, and filed in the Registry Office on May 30, 1980 as Number 1058, on condition that the owners requesting the City to do so be responsible for all costs associated with amending the subdivision plan. 4. That as recommended by the City Manager, Common Council authorize the following regarding the Mark Drive by-pass road project: (1) the purchase from Moose Mountain Farms Ltd. of the fee simple interest in a 7880 tm2 portion of NBGIC Number 436659 as well as three (3) construction easements of 4594 tm2 in total, also being portions of NBGIC Number 436659, all as shown generally on the submitted plan, for the price of $20,000, plus HST if applicable; pay to a reasonable amount the legal fees incurred by the land owner to complete this sale; and also to have prepared at its own cost any survey required to effect the aforesaid purchases; (2) the purchase from 037042 N.B. Ltd. of the fee simple interest in a 43 tm2 portion of NBGIC Number 55102917 as well as a construction easement of 294 tm2 being also a portion of NBGIC Number 55102917, all as shown generally on the submitted plan, for the price of $1,500, plus HST if applicable; pay to a reasonable amount the legal fees incurred by the land owner to complete this sale; and also to have prepared at its own cost any survey required to effect the aforesaid purchases; (3) the purchase from the Roman Catholic Bishop of Saint John a construction easement of 100 tm2 being a portion of NBGIC Number 55057889 for the price of $200.00, plus HST if applicable, with the City to indemnify and save harmless the Roman Catholic Bishop of Saint John from and against all manner of actions, claims, demands, suits and loss of any nature whatsoever arising out of or in respect of the City's exercise of the aforesaid construction easement, and also to have prepared at its own cost any survey required to effect the aforesaid purchase; and (4) that the Mayor and Common Clerk be authorized to execute any documentation required to effect the foregoing. October 12, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Rescinding Of Policy Re Appointing Onlv City Residents To Committees On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Councillor Titus advised that he would not support the change as he was happy with the policy as it was put in place at the time, and he would not support anybody from outside the City to an appointment to a City board when it is the City of Saint John's appointment; and expressed the view that people who live and vote in the City of Saint John should be the City's appointments on boards on which Council has the ability to appoint members. Councillor Fitzpatrick advised that he would not support the motion as he would like to see Council have more dialogue on it; and commented in terms of the extent to which the City of Saint John contributes to the budget of the Commission and the possibility of the City having only four Saint John residents serving on the Commission's Board. Question being taken, the motion was carried with Councillors Fitzpatrick and Titus voting "nay". 15.2. Appointment To Greater Saint John Economic Development Commission. Inc. On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. 87 -717 COMMON COUNCIL OCTOBER 12, 1999 Councillor Fitzpatrick advised that he had a problem with the recommended appointment as the Board of Trade originally nominated another person and he was unaware of whether or not that person's name still stood, to which the Mayor replied that the previous nominee was not able to serve at this time and the Board of Trade subsequently put forth Mr. MacMackin's name as its nominee. Councillor Titus re- iterated his view that, if the City of Saint John had the ability to appoint somebody to a City board, it should be a resident of Saint John. Question being taken, the motion was carried with Councillors Fitzpatrick and Titus voting "nay". 15.3. City's Interest In Water Easement Woodland Park Subdivision On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 15.4. Property Acquisitions For Mark Drive Bv-pass Road Project On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 3. Saint John Theatre Company Stephen Tobias, Artistic Director of The Saint John Theatre Company Inc., addressed Council further to his previously submitted letter and information regarding the Theatre's recent activities and achievements, as well as its immediate plans for the future, including its proposed 1999/2000 proposed budget; and requested the City to, once again, purchase the back cover of the Theatre's production programs for the entire season, at a cost of $1,000, which would represent roughly 1.25% of the Theatre's annual budget for the upcoming year. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council accede to the request of The Saint John Theatre Company Inc. for the City to purchase the back cover of its program for the 1999/2000 year at a cost of $1,000, depending on the availability of money in the grant fund. Question being taken, the motion was carried. 4. Teen Resource Centre Consideration was given to a letter from Monica Chaperlin, Chair of the Teen Resource Centre Steering Committee, submitting an outline of the development proposal for a Teen Resource Centre for Greater Saint John, an overview of the initiative, the progress to date, comments about the Teen Resource Centre, a list of Steering Committee members, and a fact sheet profiling the issues facing Saint John youth and highlighting the results of the high school survey. Monica Chaperlin, Stacey McKay, Pat McGill, Lynn Roy, and Robert Buck, members of the Steering Committee for the Teen Resource Centre, and teen members Christina Cole, Jessica Robichaud and Allan Buck, were present at the meeting, and Mmes. Chaperlin and McKay, in turn, through an overhead presentation, highlighted the development proposal for a Teen Resource Centre for Greater Saint 87 -718 COMMON COUNCIL OCTOBER 12, 1999 John, referring to the above correspondence as well as to an information package (copies of which were distributed to Council members at this meeting.) On behalf of the Teen Resource Centre, Ms. Chaperlin requested (1) that Council enable the Committee to continue to call at various times, as it has in the past, upon City staff and elected officials for expertise and involvement; (2) a letter of support for the development of a Teen Resource Centre; and (3) to have a Councillor as a liaison between the work of the Steering Committee and the City itself so as to ensure that, from now on, Council is very much informed. Ms. Chaperlin advised that, in a month's time or so, the Committee would have a business plan completed which would more critically give Council the concrete information about how it plans the Teen Resource Centre to be, following which it would be moving into going to many potential funders for support. The presentation concluded with a skit performed by the teen members on their perspective of what the Teen Resource Centre could offer. During discussion Councillor Trites suggested that Council would want to see within the business plan some identification of the sources of funding for the permanent facility and, more importantly in his view, the indication of sustainable funding for the annual operation of the Centre, and the Mayor called for a motion to support the concept of a Teen Resource Centre and to refer to the Nominating Committee the issue of a Council member being appointed as a liaison, whereupon Councillor Fitzpatrick moved a motion to this effect, which was seconded by Deputy Mayor Chase. Councillor Trites suggested that Council should refer to the Nominating Committee, and potentially to staff, the appointment of a liaison person as there might be more appropriate personnel, other than a Council member, to deal with development of a business plan and so on, and a liaison Councillor would be in order if the next stage beyond the business plan were reached. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that Common Council support the concept of a Teen Resource Centre, as presented, and refer the matter of a liaison person to the Nominating Committee. Question being taken, the motion was carried. 16. Doug Simpson - Re-Zoning Of Property At 1030 Dever Road On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the application of Doug Simpson for the re-zoning of property located at 1030 Dever Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 15, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. Town Of Rothesay - Appointment To Aquatic Centre Commission On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Town of Rothesay submitting the name of Bill Dever to serve as its representative on the Saint John Aquatic Centre Commission, such appointment to expire on December 31, 2001, the remainder of the term of Margaret-Ann Blaney, who has resigned her position on the Commission as the Town's representative, be received and filed. The Mayor made the observation that, as there was legislation in place for the Regional Facilities Commission, it was not necessary for Council to approve other municipalities' appointments to the various facilities' boards. Question being taken, the motion was carried. 87 -719 COMMON COUNCIL OCTOBER 12, 1999 18. Town of Grand Bay-Westfield Re Disaster Services Mutual Aid AQreement On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the Town of Grand Bay-Westfield submitting, as the Province of New Brunswick has suggested the establishment of a disaster services mutual aid agreement between it and the municipality of the City of Saint John, a draft agreement for consideration by appropriate City staff, be referred to the City Manager and the City Solicitor. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk