1999-11-01_Minutes
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COMMON COUNCIL
NOVEMBER 1, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the first day of November, 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; P. Groody, Commissioner of Municipal
Operations; 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; G.
Tait, Fire Chief; 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. Tim Davidson of
Saint John Vineyard Church offered the opening prayer.
(Councillor White withdrew from the meeting.)
2. Approval of Minutes
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on October 18, 1999, be approved.
Question being taken, the motion was carried.
(Councillor White re-entered the meeting.)
3(a) Amendment To Section 39 Conditions
Re 560-600 Main Street (Hilvard Place)
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the July 3, 1973 re-zoning of Hilyard Place situated at 560-600 Main Street (NBGIC
Numbers 31104 and 373225), to permit a revised sign proposal, as requested by ADI
Limited, 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
October 26 meeting at which Dean Gale, on behalf of the applicant, expressed
agreement with the staff recommendation; and recommending that Common Council
amend the conditions imposed on the July 3, 1973 re-zoning of Hilyard Place, situated at
560-600 Main Street (NBGIC Numbers 31104 and 373225), to permit the installation of a
facia sign consisting of box letters approximately 30 inches high, on the wall of Building
A, facing Main Street, as illustrated on the sketch submitted by ADI Limited.
Gordon Wasson, Branch Manager of ADI Limited at 560 Main Street,
appeared in support of the application, and offered to respond to questions in this
regard.
(Councillors Trites and Vincent entered the meeting during the above
comments.)
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NOVEMBER 1, 1999
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council amend the conditions imposed on the
July 3, 1973 re-zoning of Hilyard Place, situated at 560-600 Main Street (NBGIC
Numbers 31104 and 373225), to permit the installation of a facia sign consisting of box
letters approximately 30 inches high, on the wall of Building A, facing Main Street, as
illustrated on the sketch submitted by ADI Limited.
Question being taken, the motion was carried.
5. Mavor's Remarks
Mayor McAlary proclaimed November 14, 1999, as World Diabetes Day
and November 1999 as Diabetes Month; November 1 to 7, 1999 as Migraine Awareness
Week; October 18, 1999 as Poppy Day, and November 5 to 11, 1999 as Veterans'
Week, in the City of Saint John.
6. PubliclPrivate Partnership
Of Municipal Services
Read a letter from Councillor Chase advising that he would like to discuss
the issue of public/private partnership of municipal services, in particular, the Saint John
water system which, as indicated in the submitted copy of a local newspaper article, has
the interest of several water companies, and expressing the view that, with this interest
from the private sector, Council needs to set or reaffirm policy on the management and
supply of Saint John's water system.
(Councillor Fitzpatrick withdrew from the meeting.)
On motion of Councillor Chase
Seconded by Councillor Titus
RESOLVED that Council reaffirm its
commitment to public ownership and control of its water supply.
During discussion Deputy Mayor Chase expressed opposition to the
motion on the basis that it was somewhat in reaction to the newspaper article submitted
above and he was opposed to putting a large amount of effort and taxpayers' money into
a Water Strategy and, before the full staff briefing and Council consideration, Council
starts piece-mealing how it would deal with the Strategy; and Mr. Totten commented on
staff's obligation to submit to Council any option or alternative as it relates to financing a
particular structure that the City might need in the future; thus, if the motion were
adopted, he would still want the option to explore all options, not in terms of selling the
water system but in the need for a particular plant or upgrade, or in possible
opportunities to create and provide a service to citizens at a lower rate than the
municipality could; and advised that he would interpret the motion to mean that the City
wanted to own the water supply.
(Councillor Fitzpatrick re-entered the meeting during the above
discussion.)
Question being taken, the motion was carried with Deputy Mayor Chase
voting "nay".
7. Tender For Supplv Of HiQhwav Salt
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the tender of Cargill Salt Co., in the amount of $41.37/tonne, plus tax, be
accepted for the supply and delivery of highway salt for the period ending April 1, 2000.
Question being taken, the motion was carried.
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COMMON COUNCIL
NOVEMBER 1, 1999
8. Tender For New Traffic Truck
The Mayor called for a motion to withdraw from the agenda of this
meeting the City Manager's report, under item 8, on the tender for a new traffic truck, as
requested by the City Manager.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the City Manager's
report recommending the award of the tender for the supply of one new 17,000-lb cab
and chassis c/w aerial lift device and bucket, be withdrawn from the agenda of this
meeting.
Question being taken, the motion was carried.
9. Proposal For Turn-Out Gear
On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the proposal for the supply of new safety outer wear for the Saint John
Fire Department, as submitted by Polaris Fire & Safety Inc., in the amount of $1,488.75
(plus tax) per set, if ordered prior to September 30, 2000, be accepted.
Question being taken, the motion was carried.
10. Intersections At Old Black River
Road & Grandview Avenue And
Red Head Road & Bavside Drive
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising of the action to be taken in addressing concerns with regard to the
intersections at Old Black River Road and Grandview Avenue, and Red Head Road and
Bayside Drive, at which a significant increase in the number of vehicles is being
contributed to by the Irving Oil Refinery expansion, be received and filed.
Question being taken, the motion was carried.
28. District 6 & 8 Home & School Council Re
Red Head Road I Bavside Drive Intersection
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from District 6
& 8 Home & School Council asking that a set of traffic lights be installed, as soon as
possible, at the intersection of Red Head Road and Bayside Drive to correct a traffic
problem there, be received and filed, and a copy of the City Manager's report in this
regard be forwarded to the Home & School Council.
Question being taken, the motion was carried.
11. HIP Applications #96 & #97
On motion of Councillor Ball
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council approve the following Housing Incentive Program
applications: HIP #96 - Jefrey Pineo and Stephen Craig for an estimated grant of
$20,000, for a development at Mahogany Heights; and HIP #97 - Brian Straight for an
estimated grant of $20,000 for a development on Woodville Road.
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COMMON COUNCIL
NOVEMBER 1, 1999
Question being taken, the motion was carried.
12. Designation Of Building Inspector
For Enforcement ProceedinQs
Read a report from the City Manager advising that the Building Inspector
would like to proceed to the Court of Queen's Bench for an Order which would require
that the building at 3 Dorchester Street be vacated until proper second exits have been
provided from the basement and the second and third floors, and the condition of the
exposed electrical wiring be rectified, having been dealing with the owner, Kirk Mayes
with respect to violations of the Minimum Property Standards By-law and a judge of the
Provincial Court having issued an Order to the owner in December 1997 to bring his
building into compliance with the by-laws.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the following resolution be adopted:
WHEREAS Mr. William Edwards, P. Eng., is the Building Inspector for the City of
Saint John and is responsible for the enforcement of such by-laws as the City's
Building By-law and its Minimum Property Standards By-law, wherein, among
other things, he advises: (1) that the building that is located at 3 Dorchester
Street, Saint John, N.B. (New Brunswick Geographical Information Corporation
parcel number 38059) is owned by Mr. Kirk Mayes and has for several years
been used as a rooming house; (2) that Mr. Mayes has not fully complied with
letters and orders that were sent to him by the members of the Saint John Fire
Department and the City's Building & Technical Services Department with
respect to the condition of his building; (3) that Mr. Mayes has not fully complied
with an order that was issued to him by a Judge of the Provincial Court of New
Brunswick with respect to the condition of his building; and (4) that he recently
inspected the building and observed that the building is being used as a rooming
house, and that the building has not been brought into compliance with the
requirement of the Minimum Property Standards By-law and the Codes that are
referred to in the By-law; and Mr. Edwards is particularly concerned that persons
in the building may be exposed to injury or death because of the fact that there
are no proper second exits from the basement and the second and third floors of
the building, and that there are exposed electrical wires:
THEREFORE BE IT RESOLVED that Mr. William Edwards is hereby designated
and authorized to make an application on behalf of the City of Saint John to the
Court of Queen's Bench of New Brunswick, pursuant to the authority of the
Municipalities Act of New Brunswick, for an order that will require Mr. Kirk Mayes:
(1) to forthwith have his building vacated and to keep his building vacated until
proper second exits have been provided from the basement and the second and
third floors, and the condition of the exposed wiring has been rectified, and (2)
pay to the City of Saint John court costs and disbursements in the amount of
$400.
Question being taken, the motion was carried.
13. Designation Of By-law Enforcement
Officer For Enforcement ProceedinQs
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the following resolution be adopted:
WHEREAS the Common Council of the City of Saint John has enacted certain
by-laws pursuant to the authority of the Municipalities Act of the Province of New
Brunswick, including its Minimum Property Standards By-law and its Garbage
By-law and its Animal Control By-law, and it may from time to time be necessary
to commence proceedings in court when a person has contravened or failed to
comply with such By-laws:
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COMMON COUNCIL
NOVEMBER 1, 1999
AND WHEREAS section 101 of the Municipalities Act provides that proceedings
for the breach of a by-law shall be commenced in the name of the clerk of the
municipality or such other person as is designated for that purpose by the
council:
AND WHEREAS section 14(1) of the Police Act of New Brunswick provides that
a council may appoint persons as by-law enforcement officers for that
municipality:
THEREFORE BE IT RESOLVED that Amy Poffenroth is hereby appointed as a
by-law enforcement officer with respect to the enforcement of the Minimum
Property Standards By-law and the Garbage By-law of the City of Saint John and
the Saint John Animal Control By-law, and this appointment shall continue until
she ceases to be employed in the City's Building and Technical Services
Department or until it is rescinded by Common Council, whichever comes first:
AND BE IT FURTHER RESOLVED that Amy Poffenroth is also hereby
designated and authorized to lay informations in the Provincial Court of New
Brunswick with respect to violations of the Minimum Property Standards By-law
and Garbage By-law of the City of Saint John and the Saint John Animal Control
By-law, and this designation and authorization shall continue until she ceases to
be employed in the City's Building and Technical Services Department or until it
is rescinded by Common Council, whichever comes first.
In response to Councillor Vincent's question as to the necessity of Council
adopting a motion to designate Amy Poffenroth to take action in each case under a by-
law, Mr. Edwards replied in the negative in that, while the City Manager makes a
recommendation to Council each time the Building Inspector wishes to take an
application to the Court of Queen's Bench, in the case of Amy Poffenroth there are
provisions in the by-laws and in the Municipalities Act whereby Council can designate
individuals for breach of certain municipal by-laws, and that is what is being done in the
above motion; and he and Mr. Nugent commented on the reason for the City Manager
coming to Council for designation and authorization of the Building Inspector to make
application, in each case, to the Court of Queen's Bench.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
14. Acquisition Of Community
Development Computer Applications
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council approve the purchase of the Building Permits, Code
Enforcement and Planning and Zoning applications, and associated training and data
conversion functions from HTE Inc. of Lake Mary, Florida, at a cost of $191,012, plus
HST ($CDN).
Question being taken, the motion was carried.
14A. Amendment To Traffic By-law
Re ParkinQ On Harmonv Drive
Consideration was given to a report from the City Manager advising of a
request from residents of Harmony Drive for parking to be restricted on both sides of
Harmony Drive, between Golden Grove Road and the first intersection with Skyline
Drive, during the winter season; and recommendingJhat the submitted_proposed Traffic
By-law amendment be given first and second readings and referred to the Legal
Department for appropriate action.
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COMMON COUNCIL
NOVEMBER 1, 1999
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
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 Harmony Drive, be read a first time.
Councillor Desmond advised that, having spoken with a resident of
Harmony Drive, it was his understanding that the residents want a maximum of three
hours of parking on one side of the street to accommodate visitors to the area, and were
having a problem with people parking their cars on the street all night long, day-in and
day-out; and suggested that the matter should be tabled for a week for staff to go back
to the residents in this regard.
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the above matter be laid on
the table for one week for a further report from the City Manager.
Question being taken, the tabling motion was carried with Councillor
Fitzpatrick voting "nay".
4. BDA - New Brunswick I Saint John Trail
Consideration was given to a report from the City Manager referring to
Council's adoption in May 1997 of a preliminary route for the New Brunswick Trail as
requested by BART (Bay Area Recreational Trails) and to the City of Saint John's
initiation of the preparation of the trail system plan by hiring Basic Design Associates
(BDA) of Sussex, New Brunswick, to redefine a route through Saint John providing
connections to the New Brunswick and Canada Trails, as well as to the City's continued
construction of trail systems in places such as Rockwood Park in 1999 where land
ownership issues have not been a concern and there would not be conflicts with the trail
route being prepared by BDA. The report advises that BDA, having recently completed
this task, will outline the proposed trail route in its presentation to Council; and
recommends that (1) Common Council adopt the trail route as presented by BDA,
subject to adjustments based on final detailed design and negotiations with land owners;
and (2) staff consult with the community to identify key individuals and stakeholders who
would participate in the project to facilitate the trail's implementation and return to
Council with a report and recommendation.
Mr. Butler highlighted the above report, noting that it proposes the
establishment of a management team to steer the project in that, in view of the physical
length of the proposed trail of 36 kilometres, the many issues involved with land
ownership and construction would require a significant effort by a variety of stakeholders
and partners. Mr. Butler introduced Jim Sackville and Larry Stewart of DBA who
addressed Council in turn and, through a slide presentation, identified the preferred trail
route through Saint John and where it would connect into the New Brunswick Trail at
Lorneville through to St. Stephen, Mispec through to St. Martins, and the Romeo and
Juliet Ferry to the Kingston Peninsula, the trail to be designed to accommodate walking,
hiking, jogging, cycling and cross-country skiing, and to connect existing heritage sites,
viewing points, neighbourhoods and institutions such as schools and hospitals; and
outlined the economic, recreational and environmental benefits of a multi-use trail
system through the City of Saint John.
During discussion Councillor Titus asked who would own and maintain
the trail to which Mr. Butler replied that it would be necessary to come back to Council
after talking to all the potential stakeholders as part of the trail could be City-owned while
part of it could be on private land; and Councillor Titus suggested that Council should
wait, before adopting in a formal fashion the trail route as presented, until staff submits a
further report as proposed in the second part of the City Manager's recommendation. As
to the possible tie-in to the Visit Canada Visitez trail system, for which Federal
Millennium funding was approved, and the cost of the New Brunswick Trail through Saint
John, Mr. Butler advised that the New Brunswick Trail would be beside the Visitez
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NOVEMBER 1, 1999
Canada Visitez trail in Rockwood Park, and the average cost per kilometre of the New
Brunswick Trail throughout the Province has been about $25,000, not taking into
consideration some of the difficulties that the City of Saint John would be undertaking.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, (1) Common Council adopt the trail route as presented by BDA, subject to
adjustments based on final detailed design and negotiations with land owners; and (2)
staff consult with the community to identify key individuals and stakeholders who would
participate in the project to facilitate the trail's implementation and return to Council with
a report and recommendation.
Question being taken, the motion was carried with Councilor Titus voting
"nay".
(Councillors Trites and Vincent withdrew from the meeting as they were
not present for the public hearings with regard to a proposed Municipal Plan amendment
and re-zoning of property located at 124 Waterloo Street, a proposed Street Closing By-
law amendment with regard to a portion of Hilltop Lane (formerly Simpson Drive), and a
proposed amendment to the Section 39 conditions of re-zoning of 77 Glen Road.)
15. (a) Municipal Plan Amendment
(b) Re-ZoninQ 124 Waterloo Street
15{a)
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by amending Part 10 (Peninsula Neighbourhood
Plan) by (1) adding the words ", except in situations where area residents are permitted
to use the spaces in parking lots developed adjacent to, or across the street from, areas
designated other than Residential" at the end of the first sentence in Policy 1.1.8 of the
Peninsula Neighbourhood Plan; (2) adding the words ", with the exception of parking lots
provided for in Policy 1.1.8" at the end of Policy 2.1.1 of the Peninsula Neighbourhood
Plan, be read a third time and enacted and the Corporate Common Seal be affixed
thereto.
Councillor Ball advised that his reason for voting against first and second
readings of the proposed Municipal Plan amendment and re-zoning related to the need
in the Uptown to build quality homes and for more residents in the area.
The by-law entitled, "A Law To Amend The Municipal Plan By-law", was
read in its entirety.
Question being taken, the motion was carried with Councillor Ball voting
"nay".
15{b)
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-516 A Law To Amend The Zoning By-law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land with an area of approximately
1260 square metres (0.3 acres), located at 124 Waterloo Street (NBGIC Numbers
13706, 13144, 13136 and 13128), from "RM-IF" Multiple Residentiallnfill to "B-2"
General Business 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) the non-residential use
of the site is limited to a surface parking lot; (b) the operator of the parking lot must
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COMMON COUNCIL
NOVEMBER 1, 1999
permit parking for residents of the surrounding neighbourhood after 6:00 p.m. Monday to
Friday, and all day on weekend and statutory holidays; (c) there shall be no vehicular
access to the parking lot from Exmouth Street; (d) the site must not be used as a parking
lot unless developed in accordance with a detailed site plan, to be prepared by the
proponent and subject to the approval of the Development Officer, indicating asphalt
paved surface, cast-in-place concrete curbs, landscaped areas, surface drainage
(including catch basins where necessary), driveway and walkways, and the approved
site plan must be attached to the application for change-of-use permit for the parking lot;
and (e) all work illustrated on the site plan mentioned in condition (d) must be completed
within one year of approval of the required change-of-use permit.
The by-law entitled, By-law Number C.P.100-516 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 with Councillor Ball voting
"nay".
16. Street Closing By-law Amendment
Hilltop Lane (formerlv Simpson Drive)
On motion of Councillor Titus
Seconded by Councillor Desmond
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", by stopping up and closing the following portion of highway:
HILLTOP LANE: All that portion of Hilltop Lane, formerly called Simpson Drive a public
street at Glen Falls in the City of Saint John in the County of St. John and Province of
New Brunswick having an area of 265 sq. metres lying north of Glen Road and abutting
the western sidelines of Lot 51 (Plan File 16, No. 31) and Lot 1 Block 24 (Plan Drawer 1,
No.2) and shown on a plan of survey titled: "Plan of Survey Showing Portion of Hilltop
Lane (formerly Simpson Drive) City of Saint John, Saint John County, N.B." dated
September 8, 1999, certified correct Kierstead Quigley and Roberts Ltd. per Gerald R.
Roberts N.B.L.S., CLS and attached hereto
-- 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 The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
17. Amendment To Section 39 Conditions
Of Re-ZoninQ Of 77 Glen Road
Consideration was given to a proposed amendment to the Section 39
conditions of re-zoning of property located at 77 Glen Road, which was tabled at the
public hearing on October 18, 1999.
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the Section 39 conditions
imposed on the December 10, 1979 re-zoning of the subject property situated at 77 Glen
Road, also identified as NBGIC Numbers 298695 and 55055255, as amended, as
follows: (a) that paragraph 1 of the Agreement dated July 7, 1989 be amended to read
as follows: That the site must be developed and maintained in accordance with the
attached Schedule "A"; (b) that Schedule "A" of the Agreement dated July 7, 1989 be
repealed and replaced with the submitted revised Schedule "A"; and (c) that paragraph 7
of the Agreement dated July 7, 1989 be amended to read as follows: That garbage
receptacles must be placed on the inside and on the grounds outside of the building
during aI/ hours of operation, and that the grounds surrounding the building be kept
clean of aI/litter and debris.
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Question being taken, the motion was carried.
(Councillor Trites re-entered the meeting.)
18. 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 18, 1999, when there were
present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus and White, and your Committee submits the following
recommendation, namely:
1. That as recommended by the City Manager, Common Council authorize
the sale of Parcel A (a portion of 29 Somerset Street), as generally shown on the
submitted plan, to Canterbury Developments Ltd., for the purchase price of $5,000 (plus
HST if applicable); the purchaser prepare and pay for the plan(s) required for street
vesting and conveyance purposes; the aforesaid plan be prepared so as to vest a 51:t
m2 portion along the front of 29 Somerset Street as "Public Street" and a 3.7:t metre wide
Public Utility Easement along the southwest property line of Parcel A, as generally
shown on the submitted plan; the aforesaid plan contain a notation stating that Parcel A
is not a building lot and is to be developed in conjunction with the adjoining land(s); and
the Mayor and Common Clerk be authorized to execute the documentation required to
effect this resolution.
November 1,1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
18.1. Sale Of Property At 29 Somerset Street
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
19. Planning Advisory Committee
Re Subdivision 77 Glen Road
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted tentative
subdivision plan of 77 Glen Road with respect to the vesting of Parcels A and B as a
public street, together with any required municipal services easements and public utility
easements over Parcel C; and (2) authorize the conveyance of Parcel C to East Coast
Convenience Stores Ltd. for consolidation with NBGIC Numbers 298695 and 5055525.
Question being taken, the motion was carried.
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20. Planning Advisory Committee Re
Subdivision 1771 Old Black River Road
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council accept a cash-in-lieu of land for public
purposes dedication with respect to the proposed subdivision at 1771 Old Black River
Road.
Question being taken, the motion was carried.
21. Board Of Police Commissioners
Protocol Re Release Of Information
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Saint John Board of Police Commissioners submitting the Provincial Protocol Regarding
the Release of Information on High Risk Offenders and recommending referral to the
City Solicitor, be referred to the City Solicitor.
Question being taken, the motion was carried.
22. Fundy Region Solid Waste Commission
(a) Notice Of Intention To Vote On Borrowing
Resolutions; (b) Annual Budget For Year 2000;
(c) ReQulatorv ChanQes Re Reserve Funds
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the correspondence from
the Fundy Region Solid Waste Commission (a) advising, as required under the Clean
Environment Act, of its intention to vote on the borrowing resolutions, as stated herein, at
a meeting on or after Thursday, November 18, 1999; (b) submitting a copy of its
proposed Capital and Operating Budgets for the fiscal year 2000 on which the
Commission would vote on November 18, 1999; and (c) submitting a copy of
correspondence between the Commission and the Department of Environment
regarding the Province's proposed regulatory changes in provisions for reserve funds for
solid waste commissions and advising that Council's understanding and support
concerning the use of perpetual care funds and reserves for periodic cell development,
which are unique to the management of sanitary landfills, would be appreciated, be
referred to the City Manager for a report to Council prior to the November 15, 1999
Council meeting, and the Fundy Region Solid Waste Commission be invited to address
Council on November 15, 1999.
(Councillor Vincent re-entered the meeting.)
Question being taken, the motion was carried.
23. Saint John Harbour Bridge Authority
BudQet Year EndinQ March 31. 2000
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the Mayor and
Common Clerk be authorized to execute the submitted budget of estimated expenditures
for the fiscal year ending March 31, 2000 of the Saint John Harbour Bridge Authority, in
compliance with the agreement between the Government of Canada, the Province of
New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority,
dated July 7, 1966.
Question being taken, the motion was carried.
87-740
COMMON COUNCIL
NOVEMBER 1, 1999
24. Board of Trustees Of City Of
Saint John Pension Plan Re
Amendments To Pension Act
Read a letter from the Board of Trustees of the City of Saint John Pension
Plan advising of proposed changes to the City of Saint John Pension Act that would
result in the following enhancements to benefits provided by the Plan: (1) for all
individuals who retired prior to 1992, pensions would be increased where applicable so
that the total increase in pensions received since retirement is not less than 20% of the
total increase in the Consumer Price Index since retirement; (2) increase all pensions for
those individuals who retired prior to 1977 by 20%; and (3) introduce future annual
indexing at 1 % for all benefits relative to pensionable service from January 1, 1975
through until December 31, 1992 inclusive, the pension increases to be retroactive to
January 1, 1999 and costed by the actuary for the Pension Plan at a total cost of
$12,112,300 to be absorbed by the accumulated surplus in the Pension Plan which at
December 31, 1997 was estimated at $13,304,300 on a going-concern basis. The letter
also advises that, with regard to Provincial pension legislation's requirement for a
solvency valuation to be calculated, the Plan's solvency valuation was calculated at just
slightly over $3,000,000 and, if the proposed amendments were approved, the solvency
valuation would be reduced to approximately $1,000,000.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
Board of Trustees of the City of Saint John Pension Plan, Common Council approve the
proposed amendments to the City of Saint John Pension Plan, submitted as Appendix A,
and submit same to the New Brunswick Legislature for legislative approval.
Question being taken, the motion was carried.
25. Dorothy Dawson - Advertising Of
Vacancies On BoardslCommissions
On motion of Councillor White
Seconded by Councillor Titus
RESOLVED that the letter from Dorothy
Dawson asking Council's consideration of her suggestion that the City advertise
vacancies on boards and commissions similar to the submitted newspaper clipping from
the October 7, 1999 edition of the Biddeford, Saco, Old Orchard Beach Courier, be
referred to the Nominating Committee.
Question being taken, the motion was carried.
26. Santa Claus Parade Committee
Participation In And Awards
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that the letter from Anne
Merzetti, Coordinator of The Annual Saint John Santa Claus Parade, inviting Council
members to participate in the Santa Claus Parade on November 13, and requesting to
present the awards to the winning parade entries at the Council meeting of November
22, 1999, be received and filed and the request be granted.
Question being taken, the motion was carried.
87-741
COMMON COUNCIL
NOVEMBER 1, 1999
27. George J. Kennedy Re Financial
Support For Jeff Kennedy To
Plav In Snooker Championship
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letter from Gregory J.
Kennedy requesting financial support to assist Jeff Kennedy to play in the 1999 World
Amateur Snooker Championship starting November 14 in Papa, New Guinea, be
received and filed and Council encourage citizens to support the cause, and Mr.
Kennedy be advised that the request does not fit into the criteria for funding from the City
and that Council wishes Jeff Kennedy well in his endeavour and suggests that he
contact The Saint John Jeux Canada Games Foundation.
Question being taken, the motion was carried.
29. Residents & Property Owners In Vicinity Of
319-321 City Road Requesting 3rd Reading Of
ZoninQ Bv-Iaw Amendment Re Subiect Property
Read a letter from residents and property owners in the vicinity of Crowe's
Place at 319-321 City Road, which was the subject of a public hearing for a proposed
Zoning By-law amendment on June 28, 1999, with third reading tabled on July 12, 1999.
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that the letter from residents and
property owners in the vicinity of Crowe's Place at 319-321 City Road requesting that
Common Council proceed with third reading of the proposed re-zoning of this property,
with the restrictions outlined by the Planning Advisory Committee, so that, while they
opposed it previously, the nuisance and noise, which has been escalating, can be
controlled legally, be referred to the City Manager.
Question being taken, the motion was carried.
30. Bertha Wood-Holt - Re Tree
& Monument In KinQ's Square
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the letter from Bertha
Wood-Holt commenting further to Council's August 23, 1999 referral to the Mayor of her
letter with regard to a monument in King's Square; and suggesting that Pugsley Park
would be the most suitable venue for the tree planted for Shantou, which was to be
relocated from King's Square to some other suitable location, be received and filed.
Councillor Titus advised that, if no action were taken in the above regard
and the matter came again to Council, he would move a motion at that time for the
monument to be moved from King's Square as there was an order outstanding in this
regard from the Preservation Review Board; and the Mayor advised of her discussion
with the Chairman of the Preservation Review Board in an attempt to resolve this matter.
Question being taken, the motion was carried.
31. Bell Camp Holdings Inc. Request
To Amend Section 39 Conditions Of
Re-ZoninQ Of 241 MillidQe Avenue
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the application of Bell
Camp Holdings Inc. for an amendment to the Section 39 conditions of re-zoning of the
property located at 241 Millidge Avenue be referred to the Planning Advisory Committee
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COMMON COUNCIL
NOVEMBER 1, 1999
for a report and recommendation and that the necessary advertising be authorized in
this regard, with the public hearing to be held on December 6, 1999.
Question being taken, the motion was carried.
32. Mar-Jo Limited Re Status Of Request For
HeritaQe DesiQnation 69-71 KinQ Street
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mar-Jo
Limited following up on its letter requesting a heritage designation for its building on 69-
71 King Street, which Council referred to the City Manager and the Preservation Review
Board on August 28, be referred to the Preservation Review Board.
Question being taken, the motion was carried.
33. Human Development Council
Re Past Accomplishments
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Human Development Council thanking Council for the opportunity to make its
presentation at the October 18, 1999 Common Council meeting and for its leadership in
supporting the Human Development Council during its first twenty-five years of service
to the community; and submitting a list of its achievements over the past two years, be
received and filed.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned
and a Committee of the Whole meeting be held.
Question being taken, the motion was carried.
Common Clerk