2000-05-01_Minutes
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COMMON COUNCIL
MAY 1,2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the first day of May, A.D., 2000, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Chase, Court, Desmond,
Fitzpatrick, Titus and Vincent
- 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; S. Galbraith, Director of
Works; J. Baird, Manager of Community Planning; W. Edwards,
Building Inspector; P. Hanlon, Manager of Water and Sewerage
Services; R. Simonds, Deputy Fire Chief; A. Bodechon, Deputy
Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C.
Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Major Larry Bridger of the
Salvation Army offered the opening prayer. The Mayor proclaimed May 2000 as
Salvation Army Month in the City of Saint John.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting of
Common Council, held on April 17, 2000, be approved.
Question being taken, the motion was carried.
7. Mavor's Remarks
Mayor McAlary, in recognizing the presence at the meeting of a number
of people representing Navy Week, proclaimed May 1 to 7,2000 as Navy Week in the
City of Saint John, following which J.M. Henderson, Lieutenant-Commander,
Commanding Officer of Her Majesty's Canadian Ship Brunswicker through a computer-
aided presentation, provided an outline of HMCS Brunswicker's history in the
community, its purpose and activities.
* Added Items
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the letter from Members of
the Community Pharmacy Group, under item 33 of the Committee of the Whole agenda
of this date, and a report from the City Manager on the employee prescription drug plan
(copies of which were distributed to Council members at this meeting), be added to the
agenda of this meeting as items 8A and 8B, respectively.
Question being taken, the motion was carried.
3(a) Zoning By-law Amendment To
Re-Zone Property In Water Street Area
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of all of the properties or portions of
properties currently zoned "T" Transportation, located on the east side of Water Street,
between Market Square and Duke Street, as well as the Federal Government office
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building property at 189 Prince William Street, from "T" Transportation and "RM-1" Three
Storey Multiple Residential to "B-3" Central Business classification, to permit the
development, redevelopment and use of the properties in accordance with the permitted
uses and standards of the "B-3" Central Business zone, as initiated by the City of Saint
John, 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
April 25, 2000 meeting at which the submitted letter was received in favour of the
proposed re-zoning; and recommending that Common Council re-zone all of the
properties or portions of properties currently zoned "T" Transportation, located on the
east side of Water Street, between Market Square and Duke Street, as well as the
Federal Government office building property at 189 Prince William Street, from "T"
Transportation and "RM-1" Three Storey Multiple Residential to "B-3" Central Business
classification.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning all of the
properties or portions of properties currently zoned "T" Transportation, located on the
east side of Water Street, between Market Square and Duke Street, as well as the
Federal Government office building property at 189 Prince William Street, from "T"
Transportation and "RM-1" Three Storey Multiple Residential to "B-3" Central Business
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning all of the
properties or portions of properties currently zoned "T" Transportation, located on the
east side of Water Street, between Market Square and Duke Street, as well as the
Federal Government office building property at 189 Prince William Street, from "T"
Transportation and "RM-1" Three Storey Multiple Residential to "B-3" Central Business
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
4. Street Closing By-law Amendment
Portion Of Willett Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Street Closing By-law amendment to stop up and
close a portion of Willett Avenue, and no written objections were received in this regard.
On motion of Councillor Court
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", with regard to stopping up and closing a portion of Willett
Avenue, be read a first time.
Question being taken, the motion was carried.
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Read a first time the by-law entitled, "A By-law To Amend A By-law
Respecting The Stopping Up And Closing Of Highways In The City Of Saint John".
On motion of Councillor Court
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", with regard to stopping up and closing a portion of Willett
Avenue, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-law To Amend A By-law
Respecting The Stopping Up And Closing Of Highways In The City Of Saint John".
5. Municipal Plan Amendment - Property
In Area Of McAllister Industrial Park
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area
of approximately 12 acres, located between the Saint John Regional Correctional Facility
and McAllister Industrial Park (a portion of NBGIC Number 336198), from Major
Community Facilities to Heavy Industrial classification, to permit re-zoning of the land
from "IL-1" Major Institutional to "1-4" Heavy Industrial Park classification, and
subsequent development in conjunction with the McAllister Industrial Park, as requested
by Saint John Industrial Parks Ltd.
6. Municipal Plan Amendment - Property In Area
Of Old Black River Road/McAllister Industrial Park
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, various parcels of land
located in the Old Black River Road area, from Heavy Industrial, Major Community
Facilities and Low Density Residential to Low Density Residential, Major Community
Facilities and Heavy Industrial classification, to more accurately reflect the existing
pattern of present and future land use in the area, including the boundaries of the Saint
John Regional Correctional Facility, McAllister Industrial Park and Old Black
River/Cottage Road residential neigbourhood, as initiated by the City of Saint John.
7. Mavor's Remarks
Mayor McAlary extended condolences to the family of retired Saint John
Police Officer William F. Tait, Sr., brother of Fire Chief Glen Tait, who passed away on
April 30, 2000, and also to the family of Milton Downey, who passed away on April 29,
2000. The Mayor proclaimed May 2000 as Multiple Sclerosis Awareness Month, and the
week of May 1, 2000 as Communities in Bloom Week in the City of Saint John and, in
the latter regard, advised that Greater Saint John would be participating in the Year 2000
National Competition in the 100,000 to 300,000 population category.
8. BudQet Deliberations
Read a letter from Councillor Titus proposing that the upcoming budget
be discussed in open session of Council, his understanding being that all matters must
be discussed in open session, with the exception of land, legal and labour which should
be referred to closed session from open session via a motion.
On motion of Councillor Titus
Seconded by Councillor Vincent
RESOLVED that upcoming budgets, both
capital and operating, be discussed in open session of Council.
During discussion Councillor Fitzpatrick advised that he would not support
the motion, having gone through this a couple of years ago with Council members
changing their minds as groups appeared at the sessions, and the process could go on
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and on if opened to the public; and also that negotiations would be going on with regard
to contracts and personnel issues in view of a possible $2.5 million cut in Provincial
funding.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
*8A. Members Of The Community Pharmacy
Group's Request To Meet Re City DruQ Plan
Consideration was given to a letter from Members of the Community
Pharmacy Group advising that, after they became aware of the potential changes to the
City drug plan, they arranged a meeting with the Benefits Steering Committee on Friday,
April 28, 2000, and requesting, as a result of that meeting, a meeting with the Mayor and
Common Council to further discuss the implications of any decision respecting the drug
benefit plan for the employees and retirees of the City of Saint John.
Janet MacDonnell, a local pharmacy owner of Wassons Pharmacy and
Shoppers Drug Mart at Prince Edward Mall, introduced local community pharmacists
Gary Smith, Dianne Young and Peter Hebert; and advised that, as far as their existence
as a group was concerned, they were independent pharmacy owners. Ms. MacDonnell
advised that they were present at this meeting because they recognized that the City
has a major challenge to control the escalating costs of the City's employee prescription
plan, and they did have some concerns with the proposed resolution to this matter, the
three major areas of concern being (1) public policy, (2) adherence to the procurement
policy which requires a public tender for all services in excess of $12,500, which does
not to appear to have occurred, and (3) potential liability of the City and the taxpayers for
the ongoing accumulation of the deficit by the prescription drug plan. In addressing
these concerns, Ms. MacDonnell explained why Members of the Community Pharmacy
Group did not advocate a preferred-provider relationship for pharmacy services; asked
who would pay the $201,000 deficit with RX Plus if the contract with it were cut short,
and also what plan, or who, would want the City's business if the pending change did not
work out in meeting the required savings; and also explained their view that the required
savings to minimize premium increases for the employees were possible through
formulary management which would decrease the cost of the City's portions to premiums
as well. Ms. MacDonnell advised that Members of the Community Pharmacy Group
would have appreciated an equal opportunity, through a public tender, to prepare and
present to the employee groups and that, with proper information and time, she believed
they would have been able to show a significant savings; and, in terms of public policy,
expressed the view that community pharmacists pay taxes to the City and should not be
excluded from an opportunity to serve City employees, and this proposal limits fifteen out
of twenty pharmacies in the Greater Saint John area from the plan and, although
employees will still have a choice, it will not be without financial penalty to them; and she
gave examples of how community pharmacies give back to the community. Ms.
MacDonnell addressed the possible negative impact of the proposal to community
pharmacies and their employees through layoffs, restricted ability to offer extended
hours of service, reduced ability to provide funding to community initiatives, and in terms
of public safety.
The Mayor clarified that the City, through contracts with its civic unions,
has agreed to provide a certain amount of money for health and dental, and the onus is
on City employees to pay any deficit in the drug plan as the City has capped its
contribution; and, with regard to the reference to the City's 1992 Policy and Procedures
for Procurement of Goods and Services, made the observation that this issue was being
handled by City employees in an attempt to overcome a deficit in the drug plan for which
the City will not pay and, even though the issue comes to the Council table for final
approval, it was not initiated by Council per se but by the employees.
During discussion in the above regard Peter Hebert of Shoppers -
Lancaster Mall asked if the City would be required to cover the present deficit with RX
Plus, to which the Mayor replied in the negative, and she confirmed his understanding
that, if deficits continue to be run up by the City employees, the City will not be liable for
those deficits, and added that the employees could deal with the deficit by either
increasing their cost for the plan or reducing their usage of drugs.
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*8B. Emplovee Prescription DruQ ProQram
Consideration was given to a report from the City Manager advising the
reason for a recommended change in the company to be utilized for the prescription
drug component of the City's employee benefit program.
Mr. Totten addressed the issue of public policy in terms of cost control
and direction given by Council and previous Councils to City management staff, one of
the most significant costs to the organization over the years being the cost of health and
dental and, particularly, prescription drugs, thus the capping of the City's cost for this;
and, on the liability issue, referenced the inclusion of a provision in the collective
agreements with the four civic unions fixing the employer premium contribution and
indicating that the employer would not be liable for any deficit in the plan as a result of
employee claims exceeding premiums paid, as well as on the basis of his position that
the City has the right and obligation to unilaterally increase the amounts deducted from
employees' pay in order to ensure that the plan is properly funded. Mr. Totten
acknowledged that the issue of a tender does beg the question; however, he has on
previous occasions brought recommendations to Council, seeking Council's approval to
proceed in a certain direction and it is a matter for Council to decide, and made the
observation that for the first time City employees were taking an interest in managing
and monitoring the health care plan.
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the City forthwith give RX Plus 60 days written notice of the City's
ceasing to use RX Plus as ASO provider pursuant to the City's Group Benefit Drug
Program and that the Mayor and Common Clerk be authorized to execute that notice;
and that Common Council authorize staff to negotiate a contract with Managed Health
Care Services Incorporated for the provision of this Program in accordance with the
submitted proposal.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that a representative of the
Benefits Steering Committee be invited to address Council at this time.
Councillor Titus advised that he did not need to hear from the Committee
unless it had something to add to this matter.
Councillor Titus voted "nay" to the above motion.
David Gould, President of CUPE Local 18, and Local 18 member Joe
Barry, appeared before Council, and Mr. Gould advised that this was strictly a business
decision, the current plan being in a deficit position of approximately $207,000 with the
active employees' deficit a little better than $8,000 and the retirees' deficit close to
$200,000 and, rather than increase employees' premiums, to ensure retirees' coverage
in the group plan and considering that employees want a class-A benefit plan, they went
out shopping and So beys was chosen. Mr. Barry added that, rather than single out
retirees in terms of the deficit as all employees hope some day to retire, they were trying
to make a business move to ensure that the plan will be intact when they do retire.
Question being taken, the initial motion was carried.
9. Calculation Of Cash-In-Lieu Of Land For
Public Purposes, 1099 Kennebecasis Drive
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager advising, in response to a question at the April 17, 2000 public hearing for
the proposed re-zoning of property at 1099 Kennebecasis Drive, that approximately
$2,500 could have been required for the proposed three-lot subdivision at the subject
property as a cash-in-lieu dedication of land for public purposes, be received and filed.
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Question being taken, the motion was carried.
10. HIP Applications #109 To #111 & #98
Read a report from the City Manager referring to Council's previous
approval in 2000 of eight Housing Incentive Program applications for a total of 68 units
with estimated grants totalling $462,800, and advising of additional applications #109 to
#111 and a proposed revision to HIP #98 which have the potential of creating 20 units
over the next two years with estimated grants to be paid of $179,000, for a total of
$641,800 expected this year, meaning that approval of these projects would constitute a
$141,800 increase in potential payments. The report also advises that, based on past
experience, it is not anticipated that all of the projects with all of the proposed units will
be developed in the required two-year period, nor is it anticipated that payments of over
the $500,000 level will be experienced, and all future applications will be dated and held
on a waiting list and all applications monitored to ensure approved projects are initiated
within six months and, prior to new applications being recommended for Council
approval, other projects will be confirmed as inactive.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council approve the following Housing Incentive Program
applications: (1) HIP #109 - Sierra Supplies Ltd. for an estimated grant of $42,000 for a
development on Lakewood Avenue; (2) HIP #110 - Maber & Somerville Joint Ventures
Ltd. for an estimated grant of $30,000 for a development in the Kennebecasis Bay
Subdivision; (3) HIP #111 - Cedar Point Estates Ltd. for an estimated grant of $100,000
for 10 units only in Cedar Point Estates; and (4) HIP #98 - Stephen Fowler for an
additional estimated grant of $7,000 for development on Sunnybrook Terrace; and also
that further Housing Incentive Program applications be put on a waiting list and brought
to Council for approval only when existing projects fail to proceed in accordance with
approved criteria.
Question being taken, the motion was carried.
11. MileaQe Allowance
Consideration was given to a report from the City Manager advising the
results of a review of mileage allowances paid in other jurisdictions, the City's current
mileage allowance of 28 cents per kilometer not having been changed since 1989; and
recommending, on the basis of this review and in recognition of the increased costs
associated with operating a private vehicle, an increase in the mileage allowance paid by
the City.
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, in accordance with the City's Vehicle Policy, Section 2.4, Common
Council set the rate for reimbursement for civic officials and employees who are required
to utilize their private vehicles for City business at 30 cents per kilometer.
Question being taken, the motion was carried.
12. Authoritv To Remove Obstructions
Consideration was given to a report from the City Manager citing the
resolution adopted by Council in September 1987 for the procedure to be employed by
staff for the removal of street obstructions, a request having been made by Common
Council to the Minister of Municipal Affairs and Environment for the designation of the
Building Inspector and the Assistant City Manager Operations as persons authorized for
the purposes of removing or demolishing any building, structures, obstructions or
encroachments upon any streets within the City; and advising that staff feels it is
appropriate to seek from the relevant member of the Provincial Executive Council a
reaffirmation of the designation for the Building Inspector and a further designation for
the Chief City Engineer whereas the Assistant City Manager of Operations is no longer a
position in the City's Establishment. The report also advises that, as Council has the
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authority to allow (or not) the placement of signs, structures, etc., upon City-owned
property, staff continues to hold the view that placement of signs, etc. on City-owned
property, without receiving the express permission of Council, is not authorized and
owners of such installations are routinely directed to remove them, in default of which,
the Works Department will cause their removal.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the Minister responsible for the administration of the Municipalities Act be
requested to designate, pursuant to Section 190.1 of the Municipalities Act, each of the
Building Inspector of the City of Saint John, William Edwards, and the Chief City
Engineer of the City of Saint John, Paul Groody; together with such persons respectively
as may subsequently occupy those offices from time to time, as persons who may
exercise the powers set out in Section 190.1 (2) of the Municipalities Act; and (2) the
procedure adopted by Council on September 28, 1987 for the removal of obstructions be
amended by deleting: 5) the removal of obstructions in the event of emergency
situations shall be handled directly by the Director of the Works Department upon
approval of the Assistant City Manager - Municipal Operations; and replacing it with: 5)
the removal of obstructions in the event of emergency situations, or significant safety
considerations, shall be as directed by the Building Inspector and/or the Chief City
Engineer.
Question being taken, the motion was carried.
13. Deposit Of Leachate From Crane Mountain
Landfill At Lancaster Waste Water Treatment Plant
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager setting out, in response to the March 13, 2000 request for a report on
leachate from the Crane Mountain landfill being deposited at the City's Lancaster waste
water treatment plant, a complete listing of sample biochemical oxygen demand (BOD)
readings to the end of December 1999, 19 of the 95 samples showing levels above the
400 ppm or mg/litre standard; and advising that staff has sought to work with the Fundy
Region Solid Waste Commission in this matter and encourage efforts to achieve the
lowest concentrations possible and, although the leachate from Crane Mountain does
not represent a major loading of the Lancaster waste water treatment plant, the potential
impact of high BOD concentrations remains a concern and, while it may be normal to
see a degree of variance in an effluent such as leachate, it must remain the goal of all
parties to achieve BOD readings of less than 400 mg/I for all discharges, be received
and filed.
Councillor Vincent expressed concern that 20 percent of the leachate
dumped was in excess of 400 parts per million; and Councillor Titus expressed the view
that, if leachate readings were over the 400 parts per million, the Commission should
pay more which could make the Commission more concerned about it and also to cover
the cost of any damage to the City's system. Councillor Chase, the City's representative
on the Fundy Region Solid Waste Commission, related statistics on readings in March
during the testing phase on the operation of leachate treatment, and advised that this
would be less of a worry in the future with the operation of the Zenon plant.
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the above matter be
referred back to staff.
Councillor Fitzpatrick advised that the reason for his referral motion was
to find out what readings of, for example, 1193 mean and what, if any problems, this
causes the City's lagoon, and agreed that the Commission possibly should pay more
when readings are excessive. A request for more up-to-date data from that of 1997 to
1999 submitted was made by Councillor Desmond, and Councillor Court asked for
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information, as there seems to be a pattern in time periods of higher concentrations, on
whether or not weather conditions are tracked and if there could be any correlation
between the times of higher readings and the weather.
Question being taken, the referral motion was carried.
14. Response To Steve Osborne's Request To
Address Council Re Placement Of SiQns
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the report from the City
Manager advising that, with regard to Steve Osborne's request on April 10, 2000 to
make a presentation to Council regarding the placement of information signs on a street
right-of-way, the owners of 110 Charlotte Street had made a complaint to the Police
Force regarding the placement of his signs on the street right-of-way and, consistent
with existing practice, the Building Inspector spoke to Mr. Osborne and requested that
he remove his signs and Mr. Osborne cooperated; also advising that, while staff makes
no recommendation regarding Mr. Osborne's request to address Council, it is staff's
recommendation that permission to place signs on the right-of-way be declined; and
recommending that Council decline to permit the placement of privately owned signs or
placards on the street right-of-way, be received and filed and the recommendation
adopted.
Question being taken, the motion was carried.
15. Latimore Lake Road Residents' Concerns
Consideration was given to a report from the City Manager responding to
letters of concern to Council on April 10 and April 17, 2000 from Margaret Dubee and the
Latimore Lake and Area Residents Association, respectively, by addressing separately
the following four issues of concern: (1) Thomas Construction Ltd.'s contact with the
Provincial Department of Environment regarding demolition debris being incorporated
into the rehabilitation of an existing gravel pit at 1003 Latimore Lake Road; (2) the
activities of Laurie Arsenault who owns a residential property at 600 Latimore Lake
Road, there having been a number of complaints in the last year concerning the
unsightly nature of his property and the amount of excavation occurring on it; (3) a sign
advertising sand and gravel located on a residentially zoned property, and (4) the cutting
of pulpwood on a large property between Cottage Road and Grandview Avenue; and
recommending that this report be received and filed.
A motion was proposed by Deputy Mayor Chase and seconded by
Councillor Desmond to adopt the City Manager's recommendation to receive and file the
above report.
The Mayor asked, based on her understanding that Thomas
Construction's pit at 1003 Latimore Lake Road was a non-conforming use as a site for
the deposit of demolition debris, if Council, by resolution, could change this and advise
the Department of Environment that, as the City has a landfill site at Crane Mountain and
because of concern about truck traffic in the Latimore Lake Road area, Council does not
want any construction debris to be put into the Thomas pit at 1003 Latimore Lake Road.
Mr. Baird advised that it was possible for Council to establish terms and conditions with
respect to non-conforming use properties, so it would be possible for Council to do that;
however, he would like to discuss with the Legal Department and others the implications
of giving approval and, in effect, amending the nature of that approval and the impact
that may have. Councillor Titus asked that the motion to receive and file include that a
copy of the City Manager's report be forwarded to the Latimore Lake and Area Residents
Association, and the Mayor advised that she would like to have the matter of the
Thomas Construction pit researched further to determine what could be done not to
allow debris to be placed there.
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On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the above matter of the
Thomas Construction Ltd. pit on Latimore Lake Road be referred back to the City
Manager for a report to Council.
Question being taken, the referral motion was carried.
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager in response to letters of concern to Council on April 10 and April 17, 2000,
from Margaret Dubee and the Latimore Lake and Area Residents Association,
respectively, be received and filed and a copy be forwarded to the Latimore Lake and
Area Residents Association.
Question being taken, the motion was carried.
16. Sunday OpeninQs Of City Market
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Solicitor addressing two issues in a letter to Council on February 21, 2000 from Eric
Teed dealing with Sunday openings of the City Market, one concerning the Market By-
law's treatment of Sunday openings, the other concerning the provisions of the City's
Charter respecting the holding of a market on Sunday; and expressing the opinion that
(1) under the current Market By-law, tenants may choose whether to operate their
business when the Market is open on a Sunday and therefore no further by-law provision
is necessary in that regard; (2) as new leases for Market space are signed, they will
respect the tenant's choice respecting Sunday openings; and (3) holding a market on
Sunday does not put the City at risk of forfeiting the right granted by the Charter to hold
markets, though the Province might seek an injunction restraining Sunday openings, be
received and filed.
Question being taken, the motion was carried.
17. Zoning By-law Amendment To Re-Zone
Property At 1099 Kennebecasis Drive
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-528 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning an area of land located at 1099 Kennebecasis Drive (the
front portion of NBGIC Number 00049460), having an area of approximately 5640
square metres (60,710 square feet), from "US" Utility and Service to "R-1A" One Family
Residential 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. 100-528 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.
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18. Street ClosinQ Bv-Iaw Amendment - Mcilveen Drive
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled, "A
By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to the stopping up and closing of the following
portion of highway:
MCILVEEN DRIVE: - ALL that portion of public street in the City of Saint John in the
County of Saint John and Province of New Brunswick comprising 3,039m2 at the
intersection of the southwestern sideline of Mcilveen Drive, a public street with the
southern sideline of Whitebone Way, a public street as shown on a plan of survey titled
"Plan of Survey Showing a portion of Mcilveen Drive, McAllister Industrial Park, City of
Saint John, Saint John County, New Brunswick" certified correct Hughes Surveys &
Consultants Ltd. surveyed by W.J. Boyne, New Brunswick Land Surveyor dated
November 30, 1999
- 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.
19. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, April 17, 2000, when there
were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick,
Trites, Vincent and White, and your Committee submits the following recommendation,
namely:
1. That as recommended by the City Manager, Common Council (1)
authorize the execution of a Letter of Understanding by and between the City of Saint
John and Maritimes and Northeast Pipeline Limited Partnership, which permits daily
maintenance as generally described in, but not limited to that set out in the submitted
Attachment #1 - Daily Maintenance Re: Letter of Understanding; (2) subject to the
execution of this Letter of Understanding, grant thirteen Options of Easement and
Easement Agreements and one Temporary Construction Easement Agreement to
Maritimes and Northeast Pipeline Limited Partnership for the installation of a natural gas
pipeline on, under, and along the City properties on the submitted list for the
compensation indicated, payable in a lump sum on terms and conditions similar to that
submitted as Attachment #2; and (3) authorize the Mayor and Common Clerk to execute
the Letter of Understanding, thirteen Option for Easement and Easement Agreements
and one Temporary Construction Easement Agreement; and further that the City of Saint
John not oppose the Notice pursuant to Section 87(1) of the National Energy Board Act
respecting NBGIC Number 55108336 as submitted herewith as Attachment #3, and that
the Notice be received and filed.
May 1,2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
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COMMON COUNCIL
MAY 1,2000
19.1. Easement AQreements, Natural Gas Pipeline
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
20. 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 Thursday, April 27, 2000, when
there were present Mayor McAlary and Councillors Court, Titus, Trites, Vincent and
White, and your Committee submits the following recommendation, namely:
1. That Council authorize the Rockwood Park Advisory Board and the Saint
John Horticultural Association to prepare a joint submission on the future of the Lily Lake
Pavilion, and ask the City Manager to cooperate with them in the preparation of the
submission to be presented to Council in open session; and further that Council is under
no obligation to accept the proposal, and is not prepared to be a financial participant
during the preparation of the submission or in the costing of any proposal.
Monday, May 1, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
20.1. Lilv Lake Pavilion
On motion of Councillor Desmond
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.
21. Planning Advisory Committee
Subdivision 1099 Kennebecasis Drive
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council (1) assent to one or more
subdivision plans, in one or more phases, for the submitted tentative subdivision plan of
1099 Kennebecasis Drive, and to any required municipal services or public utility
easements; and (2) authorize the preparation and execution of one or more
City/developer subdivision agreements to ensure provision of the required work and
facilities, including detailed site and drainage plans for the approval of the Chief City
Engineer, and such plans ensure that the existing storm drainage system for the
Kennebecasis Bay Estates Subdivision would not be adversely affected by the proposed
subdivision and subsequent development.
Question being taken, the motion was carried.
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COMMON COUNCIL
MAY 1,2000
22. Total Golf Management Inc. - Contract For
Rockwood Park Golf Course & Aquatic DrivinQ RanQe
On motion of Councillor Vincent
Seconded by Councillor Titus
RESOLVED that the letter from Total Golf
Management Inc. asking for acceptance of the submitted Annex I and Annex II prepared
in response to paragraphs IV.(11), IV.(13), and IV.(15) of the contract between Total Golf
Management Inc. and the City of Saint John, dated March 05, 1999, for the Rockwood
Park Golf Course and Aquatic Driving Range, Annex I providing a summary of
enhancements and accomplishments during the 1999 golf season, and Annex II
including a list of the proposed 2000 fee structure and identifying the proposed
plans/enhancements to golf facilities in 2000, be accepted and Council approve the 2000
fee structure.
Question being taken, the motion was carried.
23. John Watson - Use Of Street Cars
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from John Watson
suggesting that, with the cost of operating buses, Council should seriously look at a
return to the City of street cars, as they require less cost to operate than buses and are
less of a pollution problem, be referred to the City Manager.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
24. Ann Gilbert - HeatinQ Situation In City Market
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the letter from Ann
Gilbert expressing concern about the heating situation in the City Market, and
suggesting a meeting with the merchants in the Market in this regard, be referred to the
City Manager.
Question being taken, the motion was carried.
25. Sunrise County Economic Council - Hearing Re
Third Border CrossinQ Between Canada and USA
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Sunrise County Economic Council advising of a public hearing on April 26, 2000 on a
study to site a third border crossing between Calais, Maine and St. Stephen, New
Brunswick, and asking support to broadening the scope of this important study, be
received and filed and a letter of acknowledgement be forwarded to the Council.
Question being taken, the motion was carried.
26. Horst Sauerteig - Community Environmental
MonitorinQ AQreement, Crane Mountain Landfill
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the letter from Horst
Sauerteig further to his previous correspondence to Council on March 6, 2000 on the
matter of the community environmental monitoring agreement between the Fundy
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COMMON COUNCIL
MAY 1,2000
Region Solid Waste Commission and the Fundy Future Environment Benefits Council,
be referred to the City Manager and the City Solicitor.
Question being taken, the motion was carried.
27. Welby Holdings Limited - Easement For
Encroachment At 187-195 Bavside Drive
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the letter Norman Rose of
Welby Holdings Limited advising that the Building Inspector has brought to his attention
that one of the apartments at 187-195 Bayside Drive does not have a proper fire exit;
submitting a drawing depicting how this situation could be corrected by continuing and
connecting the two existing projected over-hangs on the Bayside Drive face of the
building with a walkway and then installing a set of steps down the side of the building;
and asking Common Council to grant permission for a portion of this exit to protrude
onto the street right-of-way, be referred to the City Manager.
Question being taken, the motion was carried.
28. Rifle Range Residents Association (1) North End
Sewer Treatment Project; (2) Churchill Boulevard
Sanitary Sewer; (3) Sidewalks, CurbinQ & Roadwav
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the letter from the Rifle
Range Residents Association expressing the understanding that, because of the lack of
infrastructure funding from the Federal and Provincial levels of government, the North
End sewer treatment project will be delayed for a further indefinite period, including the
installation of a sanitary sewer in Churchill Boulevard, and bringing to Council's attention
again the degraded condition of Churchill Boulevard, its sidewalks and curbing; and
asking that Common Council take the necessary action to ensure the safety and
wellbeing of pedestrians using Churchill Boulevard on a daily basis, be referred to the
City Manager for a response advising the Association that this would be taken into
consideration in the budget process.
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk