1999-12-09_Minutes
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COMMON COUNCIL
DECEMBER 9, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Thursday, the ninth day of December, AD., 1999, at 4:30 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; P. Groody,
Commissioner of Municipal Operations; J. Baird, Manager of
Community Planning; S. Lodhi, Manager of Real Estate and
Facility Management; D. Logan, Purchasing Agent; G. Tait, Fire
Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher,
Assistant Common Clerk.
MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, noting that it was a
continuation of the December 6, 1999 Council meeting; and offered an opening prayer.
The Mayor advised of the City Solicitor's request that, after this meeting,
Council meet in Legal Session on an issue of importance to Council.
The Mayor asked that Council proceed with item 7 on the December 6,
1999 Council agenda, whereupon Councillor Titus, on a point of order, asked how
Council could move onto item 7 not having concluded item 5 which was a presentation
on behalf of Fundy Bay Holdings Limited. The Mayor, in suggesting that there was no
need for Council to make a motion on a presentation and noting that citizens of the
Latimore Lake Road area were present during item 5 on December 6, referred to the
suggestion at that time of the possibility of Mr. Langille and the residents meeting to try
to work things out; and advised that, when the Council members moved outside the
Council Chamber into the lobby area after the power interruption on December 6, some
of the members of Council, including her, discussed this matter and, as there was
agreement between Mr. Langille and the citizens that, if a facilitator could be found, they
would meet, and they asked her, informally because it was not done at the Council
meeting, to select a facilitator - somebody from the community who was not involved
with City Hall or had no knowledge of either side. The Mayor also advised that, since
that time, the citizens' group has called to indicate that it would prefer not to have the
meeting with Mr. Langille before Christmas but rather sometime in January; and, having
spoken to Mr. Langille who was present at this meeting, Mr. Langille has agreed to that
timing, thus the matter ended there.
Councillor Titus advised that he did not think that decisions were made on
what Council was doing on an agenda item based on conversations in a hallway, nor
was he party to that, noting that the Council meeting had adjourned. The Mayor
suggested that a motion could be made on the presentation so it would be on the record,
or Council could hear further from Mr. Langille; however, the citizens were not informed
that Mr. Langille would be making another presentation at this meeting, to which
Councillor Titus advised that he would not consider it another presentation but a
continuation of his presentation which was cut short; and that it seemed inappropriate to
him that decisions are made in the absence of an entire Council and the last he
remembered in dealing with this matter was agreeing to adjourn to this date.
(Councillor Trites entered the meeting during the above comments.)
The Mayor invited Mr. Langille to return to the podium at this time.
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DECEMBER 9, 1999
5. Fundy Bay Holdings Limited Re Latimore Lake
And Area Residents Association's Presentation
The Mayor suggested that, to formalize this matter, a motion could be
made that the two parties meet in an attempt to resolve their differences.
(Councillor Vincent entered the meeting.)
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that Fundy Bay Holdings
Limited and the Latimore Lake and Area Residents Association meet in an attempt to
resolve their differences.
Councillor Titus questioned the need for a motion for two parties to get
together and what force and effect a motion of Council would have, and expressed the
view that it was totally inappropriate.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
7. Preservation Areas By-law And
Role Of Preservation Review Board
Consideration was given to a letter from Councillor Titus submitting
copies of documentation on heritage conservation procedures, including by-laws, from
the City of New Westminster, B.C., for Council to compare, contrast and consider in
terms of changing the City's current By-law on preservation at it relates to the
Preservation Review Board and the role it plays within the City.
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that item 24 on the agenda of
this meeting be brought forward for consideration at this time.
Question being taken, the motion was carried with Councillor Desmond
voting "nay".
24. Preservation Review Board - Request To
Remove 40 OranQe Street From Preservation Area
Consideration was given to a report from the Preservation Review Board
regarding the request of James Parlee for removal of the heritage designation from his
property at 40 Orange Street, which was referred to the Board by Council on September
7, 1999; submitting a copy of Planning staff's report considered at the Board's December
1, 1999 meeting with Mr. Parlee at which time Mr. Parlee indicated that he was aware of
the proposal to designate the area in 1990 and did not object at that time; however, he
subsequently changed his mind and feels that he has too much government in his life
and, although the Preservation Areas By-law is not causing him any particular problem,
he feels it is an infringement of his rights; also advising that Mr. Parlee noted that he
thought the By-law was good for owner-occupied buildings, but not investment buildings
like his and, although he would like to avail himself of advice and suggestions on how to
improve the value of his property in preparation for re-sale, he would like to opt out since
he feels his rights are being violated, and the Board noted that Mr. Parlee received a
grant in 1991 and a second one was approved in 1995 but not paid out since work was
not completed; and recommending that the building at 40 Orange Street not be removed
from the Preservation Areas By-law.
Councillor White proposed a motion, which was not seconded, to adopt
the Preservation Review Board's recommendation. The Mayor, in noting no seconder,
asked if somebody wished to make a different motion on item 24 and, in response to
Councillor Fitzpatrick's question as to why this would not be referred to staff, noted that
Council had already referred the matter.
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COMMON COUNCIL
DECEMBER 9, 1999
On motion of Councillor White
Seconded by Councillor Titus
RESOLVED that as recommended by the
Preservation Review Board, the building at 40 Orange Street not be removed from the
Preservation Areas By-law.
Councillor Titus expressed the understanding that Council had no option
other than to support the Preservation Review Board, based on the Preservation Areas
By-law enacted by Council, and the By-law would have to be changed if people were to
be allowed to be excluded from the Preservation Area. The Mayor advised that she
would not support the above recommendation as she would question why, as the
resident at 40 Orange Street was not pleased about being in the Preservation Area,
Council would keep him in it if he did not want to be, and she would like to see the
Preservation Area more as a positive thing than to have people constantly complaining
about it. Mr. Nugent expressed the view that, if somebody wanted a single piece of
property removed from an area already designated as a Preservation Area, the only way
to do that would be by an amendment to the By-law to remove that area from its impact;
thus, it is Council's decision, not by virtue of a resolution but by virtue of amending the
By-law provision which says that the area in question is a preservation area bound by
the terms of the By-law.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Solicitor for a report on the procedure.
Question being taken, the referral motion was carried.
7.
Councillor Titus, referring to the documentation included with his letter
under item 7, suggested that it might be time for Council to review its Preservation Areas
By-law on the basis of economic realities and the possible loss of importance of heritage
areas since it was enacted, and the system set out in the submitted documentation
appears to be one of a more voluntary nature and might work in the City of Saint John.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager to give Council different models as compared to the current
model so that Council can consider policy and whether or not it wants to change the
Preservation Areas By-law, and also that a teach-in be provided for Council in open
session in this regard.
Question being taken, the motion was carried.
8. Response To Questions On CompostinQ
Consideration was given to letter from Councillor Chase advising that he
has compiled a list of answers to questions posed at Council's last meeting, and since in
discussion with him, with respect to concerns about the Fundy Region Solid Waste
Commission's proposed composting program.
The Mayor noted that agenda items 8, 9, 9A, 9B and 12 were all on the
composting issue and, in response to Councillor Titus' reference to a document of which
copies were distributed to Council members at this meeting, noted that this was only for
information, being a copy of a letter to the Saint John Board of Trade from the Fundy
Region Solid Waste Commission and not addressed to Council.
Councillor Chase addressed the issue of composting on the basis of the
need to respect the environment and to protect land, water and air and the need for
people to undertake ecologically sound practices, as well as on the basis that
composting makes sense financially, the latter in that, if the composting program were
not implemented, there would be an earlier need for a new landfill which would be both
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DECEMBER 9, 1999
costly and disruptive. During his comments, Councillor Chase referenced the
Discussion Paper from the Province, under item 25 on the agenda, and advised that the
Fundy Region Solid Waste Commission was requesting a meeting with Council at the
first Council meeting in January 2000.
On motion of Councillor Chase
Seconded by Deputy Mayor Chase
RESOLVED that the above matter be
laid on the table until the first Council meeting in January 2000 at which time the Fundy
Region Solid Waste Commission would meet with Council.
Question being taken, the tabling motion was lost, with the Mayor and
Councillors Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White voting "nay".
The Mayor made the observation that item 8 was referenced on the
agenda as a response to questions on the composting program, and Councillor Chase
advised that it was not his intent to go through that document unless there were specific
questions on it, and noted that the Fundy Region Solid Waste Commission was
represented at this meeting.
On motion of Councillor Chase
Seconded by Councillor Vincent
RESOLVED that agenda items 8,9, 9A,
9B and 12 be received and filed.
The initial motion proposed was to receive and file agenda item 8, and
during discussion was changed to that above with the consent of the mover and
seconder.
Councillor Trites noted that agenda items 9, 9A, 9B and 12 were all inter-
related, and the Mayor suggested that they could be dealt with together.
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that agenda items 9, 9A, 9B and
12 be brought forward for consideration at this time.
Question being taken, the motion was carried.
9. Cost of CompostinQ ProQram
Consideration was also given to a letter from Councillor Chase advising
that an analysis of the transcribed proceedings of the last Council meeting indicates that
Council inferred from the staff report the cost of the composting program to be more than
the actual cost, and asking staff to make that clarification.
*9A. Waste Diversion TarQet
Consideration was also given to a letter from Councillor Chase, Council's
representative on the Fundy Region Solid Waste Commission, referring to a question
asked during the November 22, 1999 Council meeting on the implications of not meeting
the 30% waste diversion target as set out in the operating conditions of the landfill; and
submitting a copy of a memorandum to the Commission from Peter M. Klohn of the law
firm of Stewart McKelvey Stirling Scales summarizing the statutory effect of a failure by
the Commission to proceed with a composting plant or other waste diversion initiative
immediately.
*9B. Saint John Board Of Trade Re
CompostinQ - Waste Diversion
Consideration was also given to a letter from the Saint John Board of
Trade re-iterating its support for composting as an integral component of the Fundy
Region Solid Waste Commission's plans for waste diversion.
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DECEMBER 9, 1999
12. Re Costs For Composting Program And Share
Of Fundv ReQion Solid Waste Commission's Cost
Consideration was also given to a report from the City Manager
responding to Councillor Chase's request for clarification of two matters arising from a
November 22, 1999 staff report to Common Council regarding the Fundy Region Solid
Waste Commission's 2000 budget submission as follows: (1) with regard to the annual
costs for the composting program, referring to the indication in the November 22, 1999
report that, due to the proposed spread in tipping fees, the City's overall costs are
expected to rise by some $100-150,000 per year while outlying communities will see
minimal cost increases, and clarifying that, if the Fundy Region Solid Waste Commission
is correct in its assumptions regarding the amount of waste that will be directed through
the composting program, the cost increase from the composting will be a one-time
increase, not an escalating figure each year, and the anticipated annual costs for the
City of Saint John as submitted by the Commission are as follows: 1999 - $1,234,743,
2000 - $1,106,649,2001 - $1,270,634, 2002 - $1,337,177,2003 - $1,337,177; and (2)
concerning the City's share of the Commission's costs, the Commission in 2000 has
budgeted total revenue of $4,719,350 of which the tipping fees for municipal solid waste
are estimated at $4,448,000 broken down as follows: ICI users - $3,133,268 (70%), City
of Saint John - $1,106,649 (25%), Rothesay - $150,259 (3.5%), Hampton - $57,824
(1.5%) and, advising that, while the direct billing to the City of Saint John only represents
25% of the tipping fees at the site, it is important to remember that the majority of the
industrial/commercial/institutional (ICI) users of the site would be located within the City
limits.
During discussion the Mayor cited Common Council resolution of
November 22, 1999 encouraging Council's representative, Councilllor Stephen Chase, to
accept the Fundy Region Solid Waste Commission's 2000 Operating Budget and a
$300,000 capital expense for the grinder for industrial waste, and request further
meetings with the Commission and Council to further discuss the composting plan, and
that Council delay decision on the $6.2 million capital budget pending further meetings
with the Commission. Upon Councillor Trites' proposal of a motion to invite the
Commission to appear before Council on January 3, 2000, the Mayor noted the motion
on the floor.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the Fundy Region Solid
Waste Commission be invited to appear before Council on Monday, January 10, 2000
and asked to prepare for Council, in advance of the meeting, a package on the planning
and financing and so on.
Councillor Trites, in proposing the above motion and requesting a
package of information, suggested that the information should include what Councillor
Ball suggested during the above discussion, that being a simple and understandable
schedule of financing, education and implementation to relate to the public regarding the
impact this would have on the budget, tax rate, environment and public participation.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that agenda items 25 and 28 be
brought forward for consideration at this time.
Question being taken, the motion was carried.
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25. Department Of Environment - New Brunswick
Waste Reduction And Diversion Discussion Paper
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the letter from the Manager
of the Municipal Services Section of the Assessment and Approvals Branch of the
Department of Environment submitting a copy of the New Brunswick Waste Reduction
and Diversion Discussion Paper for consideration; encouraging Council to read the
Discussion Paper and send its comments, suggestions, ideas and alternative solutions
to the Department; and advising that Council's input will be carefully considered as the
Department moves toward the development of a strategy or strategies, be referred to the
City Manager for input and to set up a process whereby Council can become familiarized
with the matter.
Question being taken, the motion was carried.
28. Fundy Futures Environment &
Benefits Council Re CompostinQ
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from the Fundy
Futures Environment & Benefits Council stating that it is not only very disappointing, but
unacceptable, to hear that the Council of Saint John is not willing to vote in favour of
composting at the Crane Mountain Landfill; and expressing the view that, by omitting
composting from the waste diversion process in the Fundy Region, the City of Saint
John will not be complying with the legislation regarding the Crane Mountain Landfill
Certificate of Approval and EIA conditions, and the Fundy Futures Environment &
Benefits Council will be obliged to advise the Department of the Environment with its
concerns regarding this violation, be received and filed.
Councillor Titus suggested that a reply should be forwarded to the above
group indicating that Council was in the process of working through the composting
issue.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
(Councillor Chase withdrew from the meeting.)
10. Simonds Arena
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
Fitzpatrick advising that he would like the opportunity to discuss the Simonds Arena with
regard to repairs for the upcoming year, with a view to referring it to budget, be referred
to the capital budget.
Question being taken, the motion was carried.
11. City Hall
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the letter from Councillor
Fitzpatrick advising that he would like the opportunity to discuss with Council the idea of
including in the upcoming budget funding for possible site selection and costing for a
new City Hall, with a view to referring this matter to budget, be referred to the capital
budget.
(Councillor Chase re-entered the meeting.)
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Question being taken, the motion was carried.
13. Tender For Fire Pumper
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender submitted by Metal Fab Ltd., in the amount of $415,151, plus
tax, be accepted for the supply of one new fire pumper truck, and funds to cover this
purchase be included in the 2000 Capital Budget.
Question being taken, the motion was carried.
14. Tender For Plow And WinQ Control Assemblies
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender of CFM Fluid Systems, in the amount of $17,650 (plus tax) per
each, be accepted for the supply and installation of Dickey-John and Joystick plow, wing
and salter/sander control units for 3 new cabs and chassis.
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting.)
15. Re Visitor Information Signage
And Centre In East Saint John
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising the results of the Saint John Visitor and Convention Bureau's recent
investigation of, and staff's proposal with respect to, the situation related to the lack of a
tourist information centre in East Saint John and the lack of signage directing visitors to
a visitor information centre, further to Council's September 13, 1999 referral of this
matter, be received and filed.
Question being taken, the motion was carried.
16. Amendment To August 23, 1999 Council
Resolution Re Sale Of Land On Cheslev Drive
Consideration was given to a report from the City Manager advising of the
need to amend Common Council resolution of August 23, 1999 pertaining to the sale of
land on Harrison Street (Chesley Drive) to 059525 N.B. Ltd., based on the Legal
Department's advice that, as the sale was to close on or before November 19, 1999 and
the subdivision plan required to give effect to Council's resolution was not filed before
the closing date, the sale could not be completed, a new resolution must be adopted in
order to complete the sale.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of August 23, 1999, pertaining to
the sale of land on Chesley Drive to 059525 N.B. Ltd., by deleting the closing date of
November 19, 1999 and adding in its place the date December 31, 1999, and all other
aspects of the resolution remain the same as amended on October 4, 1999.
Question being taken, the motion was carried.
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DECEMBER 9, 1999
17. Street Closing By-law Amendment
And Sale - Portion Of Mcilveen Drive
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the report from the City
Manager advising of staff's review of the request of Saint John Industrial Parks Ltd. and
038301 N.B. Ltd. (Atlantic Controls) to stop up and close a portion of Mcilveen Drive
right-of-way, further to Council's November 15, 1999 referral to the City Manager of this
matter; and recommending that Common Council authorize the advertising of a notice of
its intention to consider the passing of a by-law to stop up and close a 3,031 :t m2 portion
of Mcilveen Drive, as generally shown on the submitted plan; and, in the event the
subject portion of Mcilveen Drive is stopped up and closed, Common Council authorize
the sale of (1) a 2,614 :t m2 portion of the closed street in front of Lot 97-1 (NBGIC
Number 55122386), as generally shown on the submitted Plan 2, to Saint John Industrial
Parks Ltd., for the purchase price of $1,000 plus HST; and (2) a 417 :t m2 of the closed
street in front of Lot 86-1 (NBGIC Number 55046064), as generally shown on the
submitted Plan 2, to 038301 N.B. Ltd. (Atlantic Controls), for the purchase price of
$1,000 plus HST; and the Mayor and Common Clerk be authorized to execute the
deeds.
Question being taken, the motion was carried.
18. Request To Occupy Portion Of Street
RiQht-Of-Way. 189 Prince William Street
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the granting of a license to Her Majesty The
Queen as represented by the Department of Public Works and Government Services
Canada to occupy approximately 5 square metres of the Prince William Street right-of-
way at 189 Prince William Street, subject to the following terms and conditions: (a) the
term of the license shall be for the life of the building located at 189 Prince William
Street; (b) the fee for the license shall be the construction, by Public Works Canada, of
approximately 40 metres of concrete curb and concrete sidewalk as per specifications
provided by the City of Saint John, the curb and sidewalk to be completed to the
satisfaction of the City of Saint John within 90 days of the completion of the ramp which
is to occupy the licensed area; and (d) the owner shall save harmless and indemnify the
City from and against all loss, damage or injury of any nature, kind or description
whatsoever caused by the presence of the ramp; and also authorize the Mayor and
Common Clerk to execute the necessary documents to give effect to this resolution.
Question being taken, the motion was carried.
19. Extension Of Term Of 1978
MusQuash Water Supply AQreement
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize (a) the extension of the term of the 1978
Musquash Water Supply Agreement to midnight, December 31,2000; (b) the increase in
the charge per 100 gallons of water to $0.037 from $0.020, effective January 1,2000;
and (c) the Mayor and Common Clerk to execute the appropriate documents necessary
to give effect to this resolution.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
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DECEMBER 9, 1999
20. HIP Application #98
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council approve Housing Incentive Application, HIP #98, for
Stephen Fowler for an estimated grant of $20,400, for a development in the Eastwood
Subdivision, Heather Way.
Question being taken, the motion was carried.
21. Crosswalk City Road
At Stan lev Street
Councillor Titus, on a point of order, expressed the opinion that the City
Manager's report on the crosswalk on City Road at Stanley Street should be moved to
Legal Session of Council as there are certain things stated in it that may have some
impact on the City of Saint John.
(Councillor Fitzpatrick re-entered the meeting.)
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager referring to the crosswalk on City Road at Stanley Street be referred to Legal
Session of Council.
The Mayor noted that she asked Council, earlier in the meeting, to meet
in Legal Session following this meeting.
Question being taken, the referral motion was carried.
*21A. Property Purchase Re
Mark Drive Bv-pass Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of the fee simple absolute
interest in a 4,050 :t m2 portion of NBGIC Number 313155 for a 66-foot wide right-of-
way, and the acquisition of a 17 :t m2 temporary construction easement over a portion of
NBGIC Number 313155, as generally shown on the submitted Plan 1, from Silver Falls
Park Development Company Limited, for the Mark Drive By-pass Road Project, on the
following terms: (1) the City shall convey a 3,120:t m2 triangular portion of NBGIC
Number 424440 to Silver Falls Park Development Company Limited, as generally shown
on the submitted Plan 2, provided however the City of Saint John is able to obtain the
concurrence of the Planning Advisory Committee (PAC) for the sale of the subject
portion of NBGIC Number 424440 and, if PAC does not concur with Council's request,
then the entire transaction proposed herein shall cease; (2) in the event that the 700 :t
m2 portion of Mark Drive, as shown on the submitted Plan 2, is stopped up and closed,
the City shall convey the 700 :t m2 portion of land to Silver Falls Park Development
Company Limited; Silver Falls Park Development Company Limited be advised that the
advertisement of the proposed street closure does not explicitly or implicitly obligate
Council to close the subject portion of street and, in the event the City of Saint John is
unable to convey the subject 700 :t m2 portion of Mark Drive, then Silver Falls Park
Development Company Limited shall have no recourse in this matter; (3) the City shall
extend the appropriate municipal services to within 10 metres of the common property
line between Moose Mountain Farms Ltd. and Silver Falls Park Development Company
Limited, provided however the City enters into agreements with Cadillac Fairview
Corporation and Moose Mountain Farms Ltd., prior to the tendering of the by-pass road,
for the payment of the extension of services and other improvements along their
respective lands (being water, sewer and storm sewer services, concrete curbing and
sidewalks, street lighting and landscaping) and, if either or both of the aforesaid land
owners choose not to enter into such an agreement, then the City of Saint John shall be
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DECEMBER 9, 1999
under no obligation to extend services to the aforesaid common property line and Silver
Falls Park Development Company Limited shall have no recourse in this matter; (4) in
the interest of a timely and voluntary transfer, the City shall make payment of $53,000
(plus HST if applicable) at the time of filing the subdivision plan to vest the subject lands
as "public street"; (5) the City of Saint John shall, at its cost and choice of surveyor,
undertake to prepare the appropriate plan for conveyance/vesting purposes; (6) the
Common Council resolution of November 8, 1999, authorizing the process of
expropriation shall remain and action to that effect shall continue and will only be
terminated (by the City) after the vesting as public street of all those lands required for
street purposes, as set out above and, if the lands are acquired by way of expropriation,
then any agreement, settlement, payment, land exchange or offer of compensation
contemplated herein shall become null and void, and compensation for the taking shall
be paid as set out in the Expropriation Act; and (7) the Mayor and Common Clerk be
authorized to execute the necessary documents to give effect to this recommendation;
and further that Common Council seek the concurrence of the Planning Advisory
Committee for the sale of portions of NBGIC Numbers 424440 and 424432, being
designated "land for public purposes", as generally shown on the submitted Plan 3.
Question being taken, the motion was carried.
22. Street VestinQ - 291 Churchill Boulevard
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted tentative
subdivision plan of 291 Churchill Boulevard that would vest a portion of the subject
property, being comprised of an area of approximately 7588 square metres (81,679
square feet), as part of the Churchill Boulevard public street right-of-way.
Question being taken, the motion was carried.
23. Street Assent, Disposal Of City-Owned
Lands For Mark Drive RealiQnment Project
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council (1) assent to a subdivision plan of
the 037042 N.B. Ltd. property located at 665 Loch Lomond Road (NBGIC Number
55102917), with respect to the vesting of an approximately 43-square metre parcel of
land as a public street, as illustrated on the submitted plan by Godfrey Associates Ltd.,
dated June 1999; (2) assent to a subdivision plan of the Moose Mountain Farms Ltd.
property located at 801 Loch Lomond Road (NBGIC Number 00436659), with respect to
the vesting of an approximately 7880-square-metre parcel of land as a future street, as
illustrated on the submitted plan by Godfrey Associates Ltd., dated June 1999; (3)
dispose of an approximately 6850-square-metre portion of the Land for Public Purposes
located at 171 Mark Drive (NBGIC Number 424432) and an approximately 3120-square-
metre portion of the Land for Public Purposes located at 257 Mark Drive (NBGIC
Number 424440), as generally illustrated on the submitted plan entitled "Land for Public
Purposes, Mark Drive.
Question being taken, the motion was carried.
24A. Saint John Parking Commission
Re Bv-Iaw Enforcement Officer
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Saint John Parking Commission, pursuant to Section 14 of the Police Act of the
Province of New Brunswick, the Common Council of the City of Saint John does hereby
appoint the following member of the Canadian Corps of Commissioners as By-law
Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-
87 -791
COMMON COUNCIL
DECEMBER 9, 1999
law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic
By-law, namely: David Drew; and further that this appointment shall continue until such
time as the appointee ceases to be a member of the Canadian Corps of Commissioners
or until the appointment is rescinded by Common Council.
Question being taken, the motion was carried.
26. Bertha Wood-Holt - AmbiQuous SiQns
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Bertha
Wood-Holt expressing concern about signs displayed in public places which may
constitute misleading advertising, be received and filed.
Question being taken, the motion was carried.
27. Peter Whitebone - Pedestrian Crosswalks
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from Peter
Whitebone expressing the belief that crosswalks in Saint John are dangerous and it is
not because they are not clearly marked, be referred to the City Manager.
Question being taken, the motion was carried.
28A. Margo Eatmon - Amendment To Section 39
Conditions Re-zoninQ Of 558 Bonita Avenue
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Margo Eatmon for an amendment to the Section 39 conditions of the re-zoning of
property at 558 Bonita 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, January 10, 2000, at 7:00 o'clock
p.m.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that this meeting be adjourned
and Council meet in Legal Session.
Question being taken, the motion was carried.
Common Clerk