Loading...
2000-12-18_Minutes 88-272 COMMON COUNCIL DECEMBER 18, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of December, A.D., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Asimakos, Planner; Police Inspector D. Jenner; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on December 11, 2000, be approved. Question being taken, the motion was carried. 3(a) Uptown Saint John Inc. - (a) 2001 Budget (b) Business Improvement Levv Bv-Iaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 13 cents per $100 of assessment for 2001 on business properties within the area designated by Council, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Business Improvement Levy By-law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-law. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law to amend the Business Improvement Levy By-law be read a second time. Question being taken, the motion was carried. 88-273 COMMON COUNCIL DECEMBER 18, 2000 Read a second time the by-law to amend the Business Improvement Levy By-law. Councillor Fitzpatrick proposed a motion, which was seconded by Councillor Ball, to receive and file the above correspondence. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the 2001 budget for the Business Improvement Area as follows: REVENUE Business Improvement Area Levy Employment Grants Interest Special Events Bad Debts Recovered Community Improvement Grant Urban Development Grant Miscellaneous Revenue Total Revenue $ 185,700 6,000 36,000 5,000 2,000 29,000 15,000 1,500 $ 280,200 EXPENDITURES Public Relations Urban Design & Planning Waterfront Development Marketing Business Development Program Delivery Administration & Office Total Expenditures $ 4,000 34,000 15,000 56,000 13,000 7,500 150,700 $ 280,200 Question being taken, the motion was carried. * Added Item On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that a Committee of the Whole report of this date setting out Nominating Committee recommendations be added to the agenda for consideration at this meeting as item 22A. Question being taken, the motion was carried. 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ 3840 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the May 24, 1988 re-zoning of the property situated at 3840 Loch Lomond Road (NBGIC Number 00355388), to permit a revised proposal to allow for the creation of one additional unserviced residential lot adjacent to Douglas Lake, as requested by Louis and Kimberly Doucet, c/o Hughes Surveys & Consultants Ltd., and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's December 12, 2000 meeting at which Richard Turner of Hughes Surveys & Consultants Ltd. appeared in support of the staff recommendation; and setting out a recommendation 88-274 COMMON COUNCIL DECEMBER 18, 2000 to approve an amendment to the Section 39 conditions of re-zoning of the property situated at 3840 Loch Lomond Road, to assent to public easements and to accept a cash in-lieu-of-land for public purposes dedication. Richard Turner of Hughes Surveys & Consultants Ltd., appeared in support of the proposal, and expressed agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions imposed by Common Council on the May 24, 1988 re-zoning of the property situated at 3840 Loch Lomond Road (NBGIC Number 00355388), be amended to permit the creation of proposed Lot 00-10, as illustrated on the submitted photo-reduced tentative subdivision plan, on the following conditions: (a) until such time Morrison Road is constructed further, any driveway for the benefit of proposed Lot 00-10 must directly access the existing developed portion of this public right-of-way and not the undeveloped portion beyond the turnaround facility; and (b) the above condition be clearly identified by a notation on the final subdivision plan: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced tentative subdivision plan of 3840 Loch Lomond Road, and to any required municipal services or public utility easements, and further that a cash-in-lieu of land for public purposes dedication be accepted for the proposed subdivision. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. The Mayor referred to the public hearings under items 5 to 11, inclusive, on the agenda of this meeting, as well as to the public hearing of October 10, 2000 at which time Council gave first readings to proposed Municipal Plan and Zoning By-law amendments with regard to a new pits and quarries zone; and noted the intent, based on advice on the process, to proceed with public hearings to consider the re-zoning of a number of sites to the new zone which, if given first and second readings, would not be considered for third reading until probably March 2001 when, at the same time, the amendment to create the pits and quarries zone would be considered. Mr. Nugent confirmed the Mayor's observation that the intention was to, essentially simultaneously sometime in March, if Council were of such a mind, create a zone and there would be identified land having that particular zoning classification, and added that this was the process consistent with the legislation under which Council operates. Councillor Vincent questioned the process based on his view that it would seem more reasonable and prudent to establish the zone and then consider the individual entities to see if they fit into the zone already established; and the Mayor noted that the process he suggested was the way Council started to proceed a few months ago and was advised at that time that, legally, it had to proceed in the manner now to be followed. Mr. Nugent advised that, in working within the legislation that governs a municipality's legislating with respect to land use, the first provision in the enabling statute that deals with zoning by municipalities says that a municipality may adopt a zoning by-law and divide the municipality into zones which, in his interpretation, means physically identifying a piece of land within the municipality, or a division of the municipality, thus to create a zone in theory would not conform with the direction given by the legislation and, based upon that statutory limitation or direction, his opinion is that Council should be, simultaneously, creating the zone and bringing a piece of property within the zone so as to comply with the legislation provided. 88-275 COMMON COUNCIL DECEMBER 18, 2000 5(a) Zoning By-law Amendment To Re-Zone 395 Manchester Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcel of land at 395 Manchester Avenue (PID # 00408294 and 00409011 - Galbraith Equipment Ltd.), from "RS-2" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations and the subject site was presented as one of the approximately twenty existing operations, and the owner's representatives were in attendance but did not have any comments for the Committee; and recommending that Common Council re-zone the parcel of land at 395 Manchester Avenue, also identified as being NBGIC Number 00408294 and a portion of the parcel of land identified as NBGIC Number 00409011 as shown on the submitted plan, from"RS-2" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. Stephen Horgan, solicitor for Galbraith Construction and Galbraith Equipment appearing in support of the proposed re-zoning, advised that Robert Ridgeway, an engineer with the Galbraith Companies, was also present at the meeting and that they had no objection to the Planning Advisory Committee's report and would respond to questions in this regard. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 395 Manchester Avenue, also identified as being NBGIC Number 00408294 and a portion of the parcel of land identified as NBGIC Number 00409011, from"RS-2" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a first time. During discussion reference was made to the City Manager's previous report to Council on November 6, 2000 addressing, in point form, issues raised at the October 10, 2000 public hearing for proposed Municipal Plan and Zoning By-law amendments with respect to pits and quarries, which was resubmitted with the correspondence under 5(a) above; and Mr. Baird responded to questions on the extent to which provisions of the proposed new pits and quarries zone, such as progressive rehabilitation and driveway access, would be applied to properties being re-zoned to the proposed new zone, as well as to the process to be followed in re-zoning existing pits and quarries to the proposed new zone, with as many as possible to be re-zoned as from the time-constraint and input-from-the-community perspective by doing first the ones that are less controversial, with the ones with more serious issues and concerns to be left to the end, therefore maximizing the number of pits that can be brought into conformity by the legislative time period which is in early March, and he referenced item 13 on the agenda of this meeting. Mr. Baird also advised that pits that legally exist at the time of the by-law amendment for the proposed new zone have rights to continue as a legal non-conforming use status, although the by-law could subsequently be amended to bring such pits into conformity with it and, if the new pits and quarries zone were struck first, all existing pits and quarries would become non-conforming uses. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 88-276 COMMON COUNCIL DECEMBER 18, 2000 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 395 Manchester Avenue, also identified as being NBGIC Number 00408294 and a portion of the parcel of land identified as NBGIC Number 00409011, from "RS-2" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a second time. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6(a) Zoning By-law Amendment To Re-Zone 2614 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcel of land at 2614 Golden Grove Road (PID # 00351650,00350595 and 55033310 - Galbraith Construction Ltd.), from "RF" Rural and "RFM" Rural Mobile Home to "PQ" Pits and Quarries classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 6{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 December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations, and the owner was represented by Bob Ridgeway and his solicitor, Stephen Horgan, the latter who asked if it would be possible to have another narrow area of land fronting on Golden Grove Road re-zoned for alternate access if it were needed in the future because they did not own the land on which the current access is located, with staff's opinion being that the alternative access would not be appropriate due to its proximity to existing houses; submitting a letter from Mr. Ridgeway of Galbraith Construction Ltd. indicating that he is satisfied with the response and the current recommendation; and recommending that Common Council re-zone the parcel of land at 2614 Golden Grove Road, also identified as being all or part of NBGIC Numbers 5503310, 00350595 and 00351650 on the submitted plan, from "RF" Rural and "RFM" Rural Mobile Home to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. Odette McGrath of 31 Lackie Road, appearing in opposition to the proposed amendment, advised that, rather than saying that she was against the re- zoning, she wanted to be clear in her understanding that the subject properties going through the re-zoning process would be re-zoned to the new pits and quarries zone as she was concerned about non-conforming use pits and quarries remaining that would not have to conform to the new by-law. 88-277 COMMON COUNCIL DECEMBER 18, 2000 Stephen Horgan, solicitor for Galbraith Construction and Galbraith Equipment, and Robert Ridgeway of the Galbraith Companies, were present at the meeting and Mr. Horgan appeared in support of the proposed re-zoning to indicate his clients' agreement with the Planning Advisory Committee's recommendation and to respond t any questions in this regard. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 2614 Golden Grove Road, also identified as being all or part of NBGIC Numbers 5503310,00350595 and 00351650), from "RF" Rural and "RFM" Rural Mobile Home to "PQ" Pits and Quarries classification, be read a first time. With regard to the process, Councillor Vincent asked for verification of his understanding that, prior to third reading, there would be an opportunity for Councillors, staff or others to bring forward their specific areas of concern for discussion. Mr. Nugent responded on the basis that, once the public hearing was over, it would be improper to receive any submissions from anybody as to whether or not Council should proceed with the amendment, although Council could ask whatever questions might come to mind at any time before third reading is given and, if the concern was not with the re-zoning of a particular piece of property but with the substance of the proposed new pits and quarries zone, statutorily Council was obliged to adopt the by-law as advertised or, if deliberations left Council to initiate a substantial change, to begin anew the process of advertising consideration of a by-law amendment, hold another public hearing and repeat the process. The Mayor expressed the view that, as the residents had some concerns about the City Manager's report responding to questions referred to staff during the public hearing process on the proposed new pits and quarries zone, they would have the right to make an appointment to come back to public session of Council, not through a public hearing process, to address those concerns, and during discussion the Mayor made the observation that the purpose of the public hearings at this meeting was to consider the re-zoning of specific sites to the new pits and quarries zone, while questions being asked at this time were on the zone to be created and should not be discussed at this time. (Councillor Ball withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 2614 Golden Grove Road, also identified as being all or part of NBGIC Numbers 5503310,00350595 and 00351650), from "RF" Rural and "RFM" Rural Mobile Home to "PQ" Pits and Quarries 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. (Deputy Mayor Chase withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 88-278 COMMON COUNCIL DECEMBER 18, 2000 7(a) Zoning By-law Amendment To Re-Zone 1450 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcel of land at 1450 Golden Grove Road (PID # 0034995,00355123 and 55006472 - Galbraith Construction Ltd.), from "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 7{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 December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations and a few people were in attendance with concerns and questions with respect to access and possible cause of water damage, and Bob Ridgeway, on behalf of the owner, responded to questions with respect to the access and its construction; and recommending that Common Council re-zone (1) a portion of the parcel of land at 1450 Golden Grove Road, also identified as being NBGIC Number 00348995, from "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification as shown on the submitted plan, and (2) two parcels of land identified as being NBGIC Numbers 00355123 and 55006472 from "RF" Rural to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. (Councillor Ball re-entered the meeting.) Richard Allen of 1520 Golden Grove Road spoke against the proposed re-zoning, his property being adjacent to the access road, and expressed concern about flooding of his property and the effect of the access road on the lake, and asked who would take responsibility if the access road caused him any problems. Stephen Horgan, solicitor for Galbraith Construction and Galbraith Equipment, spoke in support of the proposed re-zoning, indicating the Galbraith Companies' agreement with the above recommendation and advising that, with regard to Mr. Allen's concern about a situation that took place about 25 years ago, the work done required a watercourse alteration permit and was done at the direction of the Department of the Environment, thus in all likelihood another watercourse alteration permit would be required if anything else were to be done there in the future and, once again, the Department of the Environment would be involved, so this was not entirely in the control of the Galbraith Companies and they could only do what they are allowed to do. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (1) a portion of the parcel of land at 1450 Golden Grove Road, also identified as being NBGIC Number 00348995, from "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, and (2) two parcels of land identified as being NBGIC Numbers 00355123 and 55006472 from "RF" Rural to "PQ" Pits and Quarries 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. 88-279 COMMON COUNCIL DECEMBER 18, 2000 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (1) a portion of the parcel of land at 1450 Golden Grove Road, also identified as being NBGIC Number 00348995, from "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, and (2) two parcels of land identified as being NBGIC Numbers 00355123 and 55006472 from "RF" Rural to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. (Deputy Mayor Chase re-entered and Councillor Vincent withdrew from the meeting.) 8(a) Zoning By-law Amendment To Re-Zone 1523-1657 Sand Cove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcels of land at 1523-1525 and 1657 Sand Cove Road (PID # 55110910,55092001 and 00403493 - Gulf Operators Ltd.), from "RF" Rural to "PQ" Pits and Quarries classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 8{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 December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations, and the owners' representatives were in attendance but did not have any comments for the Committee; and recommending that Common Council re-zone the three parcels of land at 1523 - 1657 Sand Cove Road, also identified as being NBGIC Numbers 55110910, 00403493 and 55092001, from "RF" Rural to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. 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 the three parcels of land at 1523 - 1657 Sand Cove Road, also identified as being NBGIC Numbers 55110910, 00403493 and 55092001, from "RF" Rural to "PQ" Pits and Quarries classification, be read a first time. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 88-280 COMMON COUNCIL DECEMBER 18, 2000 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 Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the three parcels of land at 1523 - 1657 Sand Cove Road, also identified as being NBGIC Numbers 55110910, 00403493 and 55092001, from "RF" Rural to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 9(a) Zoning By-law Amendment To Re-Zone 107 TwiliQht Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcel of land at 107 Twilight Avenue (PID #00353185 - Steele), from "RF" Rural to "PQ" Pits and Quarries classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 9{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 December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations, and the owner was in attendance but did not have any comments for the Committee; and recommending that Common Council re-zone the parcel of land at 107 Twilight Avenue, also identified as being NBGIC Number 00353185, from "RF" Rural to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. Richard Turner of Hughes Surveys & Consultants Ltd. addressed Council in support of the proposed re-zoning on behalf of the property owner who, he advised, was in agreement with the procedures on which Council was following through and has been operating very closely to a lot of the situations proposed in the new pits and quarries zone, and circulated photographs depicting the owner's progressive rehabilitation of the subject site and the access road paved a distance in excess of what would be required in the new pits and quarries zone. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 107 Twilight Avenue, also identified as being NBGIC Number 00353185, from "RF" Rural to "PQ" Pits and Quarries classification, be read a first time. Question being taken, the motion was carried. 88-281 COMMON COUNCIL DECEMBER 18, 2000 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 107 Twilight Avenue, also identified as being NBGIC Number 00353185, from "RF" Rural to "PQ" Pits and Quarries classification, be read second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 10(a) Zoning By-law Amendment To Re-Zone 1111 Churchland Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 1111 Churchland Road (PID # 00352047 - Debly Resources Inc.), from "RFM" Rural Mobile Home and "RF" Rural to "PQ" Pits and Quarries classification, to place the existing gravel pit operations in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and no written objections were received in this regard. 10{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters from area residents considered at the Committee's December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re- zone existing operations and the owner of the subject site was in attendance but did not have any comments for the Committee; and recommending that Common Council re- zone the parcel of land at 1111 Churchland Road, also identified as being NBGIC Number 00352047, from "RFM" Rural Mobile Home and "RF" Rural to "PQ" Pits and Quarries classification. Mr. Baird identified the subject site, referring to photographs displayed through a computer-aided presentation. 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 the parcel of land at 1111 Churchland Road, also identified as being NBGIC Number 00352047, from "RFM" Rural Mobile Home and "RF" Rural to "PQ" Pits and Quarries 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. 88-282 COMMON COUNCIL DECEMBER 18, 2000 On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 1111 Churchland Road, also identified as being NBGIC Number 00352047, from "RFM" Rural Mobile Home and "RF" Rural to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 11 (a) Zoning By-law Amendment To Re-Zone 873 Hillcrest Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the parcel of land at 873 Hillcrest Road (PID # 00309906 - Debly Construction Ltd.), from "RF" Rural, "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and classification, to place the existing gravel pit operation in a zoning classification which was developed specifically for pits and quarries with standards and regulations developed specifically for such land uses, as initiated by the City of Saint John, and a letter of objection (copies of which were distributed to Council members at this meeting) was received from Malcolm and Sylvia Belyea. 1.1.(Q} Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from an area resident considered at the Committee's December 5, 2000 meeting at which staff made a brief presentation on the process to establish a new zone for pits and quarries and re-zone existing operations, and Majid Debly, who was present on behalf of the owner of the subject site, requested clarification from staff with respect to excavation and the current approvals for setbacks; and recommending that Common Council re-zone the parcel of land at 873 Hillcrest Road, also identified as being NBGIC Number 00309906, from "RF" Rural, "RS-1M" One and Two Family Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification. Mr. Baird advised that he had no photographs of the subject site. Margaret Dubee of 1330 Grandview Avenue appeared in opposition to the proposed amendment as spokesperson for the Citizens Committee that worked for ten years on the proposed by-law, and expressed the Committee's concern that the by- law might be enacted prior to re-zoning the existing pits and quarries as they would not then be brought into conformity with the new by-law, operating so as to ensure the residents' quality of life, and also that there were questions which have not yet been answered with regard to the by-law or the pits. Ms. Dubee indicated her concern that no photographs were available of the operation in question, as well as the process underway at this time. Elizabeth Cann spoke in opposition to the proposed amendment on the basis of her family's hope of developing property for housing in the subject area and a pit for which the rules are not enforced could be a detriment to the sale of her family's property; and expressed concern about the effect on the City's beauty of digging and fouling of the landscape, as well as about the possibility of a number of pits and quarries remaining as non-conforming uses. 88-283 COMMON COUNCIL DECEMBER 18, 2000 (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 873 Hillcrest Road, also identified as being NBGIC Number 00309906, from "RF" Rural, "RS-1M" One and Two Family Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a first time. Question being taken, the motion was carried with Councillor Vincent voting "nay". Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning zoning the parcel of land at 873 Hillcrest Road, also identified as being NBGIC Number 00309906, from "RF" Rural, "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried with Councillor Vincent voting "nay". Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 12. Mavor's Remarks Mayor McAlary expressed condolences on the passing of William R. Tippett on December 11, 2000, the late Mr. Tippett having served three terms on Common Council from 1950 to 1952 and 1960 to 1964 during which time he served a term as Deputy Mayor, later to become a Provincial Court judge. The Mayor also extended condolences to the family and friends of Paul Ouellette, Mayor of the City of Bathurst, New Brunswick, who passed away on this date. The Mayor recognized the efforts of the City's Emergency Measures Organization whose members were in place at 5:30 o'clock a.m. on this date for the protection of the citizens due to the windstorm during the night with closed streets, falling bricks in the South End, power outages, falling trees and other related safety issues. (Councillor Fitzpatrick re-entered and Councillor Chase withdrew from the meeting.) 13. Referral For Re-Zoning To "PQ" Pits And Quarries Zone - Second Group Of ExistinQ Pits And Quarries On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's referral to the Planning Advisory Committee of the first group of existing pits to the "PQ" Pits and Quarries zoning classification and 88-284 COMMON COUNCIL DECEMBER 18, 2000 the public hearing on this date in this regard, the purpose of this report is to continue with the process of re-zoning existing pits and quarries to the "PQ" zone and, based on discussion with the City Solicitor, staff is proposing to re-zone as many existing operations as possible within the timeframe provided by the Community Planning Act, with third reading of the proposed Municipal Plan amendment, the new "PQ" zone and as many of the existing possible sites as possible to be given at the same time; also advising that the second group of pits and quarries to be considered for re-zoning contains a number of operations grouped together in different areas of the City, with a number of contiguous parcels of land owned by some of the operators to be considered as part of the process of re-zoning each site; and recommending that (1) as a continuation of the process to re-zone all of the existing pits and quarries, Common Council initiate the re-zoning of the following sites: 2400 Ocean Westway (Galbraith), 2740 Golden Grove Road (Valley Excavations), 460 Latimore Lake Road (Fundy Bay), 360-370 Latimore Lake Road (Thomas Construction), 1003 Latimore Lake Road (Thomas Construction), 913 Latimore Lake Road (LaFarge), 990 Grandview Avenue (Gulf Operators), and MacKay Highway (Kings Valley Consulting), and that advertising be authorized in this regard for the public hearing to be held on February 5, 2001, be received and referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard with the public hearing on Monday, February 5,2001 at 7:00 o'clock p.m. Councillor Vincent questioned the reference in the above report to the remaining five sites being industrially zoned quarries on which discussions were ongoing as to the most appropriate approach in dealing with them, and the Mayor noted that item 32 on the agenda of this meeting deals with industrial sites. (Councillor Chase re-entered the meeting.) On motion of Councillor Titus Seconded by Councillor Vincent RESOLVED that the letter from Lawson & Creamer, representing Gulf Operators and related J. D. Irving companies, under item 32 on the agenda of this meeting, be brought forward for consideration with item 13. Question being taken, the motion was carried. 32. Lawson & Creamer - Pits & Quarries Bv-Iaw And Related Re-ZoninQ Read a letter from Gerald M. (Gary) Lawson of the law firm of Lawson & Creamer, advising that he represents Gulf Operators and related J. D. Irving companies with respect to the current pits and quarries issue before Council and the Planning Advisory Committee in that, while his clients have lands that will be directly affected by this process and have no objection to the stricter regulations the City is seeking to impose on pits and quarries operations, they do have a concern with the consequences of the process being used by the City to accomplish its purpose in that the City wishes to have the standards set out in the new proposed by-law govern pits and quarry operations; however, the City has chosen to implement this in a manner that unnecessarily has a serious negative impact on his clients as landowners. The letter explains that City staff has identified certain of his clients' lands currently zoned "1-2" to be re-zoned "PQ" which will seriously affect the value of their ands and any use they may intend for such land and, to this, they greatly object, while other Irving lands have been identified to be re-zoned "PQ" from "RF" to which they have not objected (for example, lands on Sand Cove Road being considered by Council at its December 18, 2000 meeting); urges Council to accomplish its purpose by means of a more fair process than changing "1-2" lands to "PQ" lands, and asks the City to seek to re-zone only properties currently zoned "RF" and to identify an alternative method to put the new regulations in place for pits and quarries operated on other lands on which or quarrying operations are carried out (such as the simple process of standards set by Council under the Community Planning Act for non-conforming uses). The Mayor asked Mr. Baird if anything could be done on the industrial sites before the deadline in March to deal with the proposed new pits and quarries zone and also to address Councillor Vincent's above query, to which Mr. Baird advised that, with regard to the above letter, staff has had meetings with the parties at which time they made their feelings known and their options were discussed, although the letter was the 88-285 COMMON COUNCIL DECEMBER 18, 2000 first clear indication that they are concerned and would like to retain their heavy industrial zoning on their three operations. Mr. Baird also advised that, in the case of the other two quarries, both Debly Construction adjacent to the Throughway and Brookville Manufacturing in Brookville have already made representations to Council when it was dealing with the zone that they were not in favour of re-zoning their sites and wanted to keep their industrial zoning, and staff wants to meet with the operators with the decision of how to proceed with these properties to be Council's and, in order to meet the time deadline, staff would have to come forth in January 2001, before the February 5, 2001 public hearings, with a report and recommendation on how to deal with the subject sites before the March deadline. Question being taken, the original motion was carried. 32. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Gerald M. (Gary) Lawson of the law firm of Lawson & Creamer, advising that he represents Gulf Operators and related J. D. Irving companies with respect to the current pits and quarries issue before Council and the Planning Advisory Committee, be referred to the City Manager. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting.) 14. Proposals To Operate Programs At North End And MillidQeville Community Centres Consideration was given to a report from the City Manager providing information requested by Council further to its referral at its last meeting of the submitted report regarding unsolicited proposals to operate programs at the North End and Millidgeville Community Centres with regard to the transportation of program participants, the New Brunswick Minister of Education agreement, and the collective agreement between the City and CUPE Local #486; and recommending that Council reconsider the submitted report, dated December 4, 2000, and adopt the recommendation therein, and further that recommendation 3 be replaced with the following: "3. During the license period the use of alcohol during scheduled activities or otherwise bringing alcohol on the premises will be prohibited unless specifically approved by Common Council and the Minister of Education." On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, (1) subject to receiving consent from the New Brunswick Minister of Education, the City of Saint John permit the Saint John YM/YWCA to occupy and use portions of the North End Community Centre under the ownership or control of the City of Saint John, Monday to Friday, 8:30 a.m. to 6:00 p.m., inclusive, with the exception of those portions of said facility currently committed to other parties, for a period of six months commencing January 1, 2001, for a license fee of $1 on the condition that: (A) prior to occupying or using the premises in question, the Saint John YM/YWCA provides the City with proof of commercial general liability insurance coverage on "an occurrence basis" having an inclusive limit of not less than two million dollars ($2 million), together with an endorsement confirming that the policy: (a) includes the City as an additional named insured, (b) contains a cross-liability clause, (c) contains tenants legal liability coverage, and (d) requires the insurer to give the City 30 days advance written notice of any material change to or cancellation of the policy; (B) at the conclusion of the aforesaid six-month period, the YM-YWCA provides the Commissioner of Community Services with a report on the programs offered, record of participation and revenues received; (2) subject to receiving consent of the New Brunswick Minister of Education, the City of Saint John permit the Canada Games Aquatic Centre to occupy and use portions of the Millidgeville Community Centre under the control of the City of Saint John, daily from 6:00 a.m. to 12:00 p.m., inclusive, with the exception of those portions of the said facilities currently committed to other parties, for a period of six months 88-286 COMMON COUNCIL DECEMBER 18, 2000 commencing January 1, 2001, for a license fee of $1 on the condition that: (A) prior to occupying or using the premises in question, the Canada Games Aquatic Centre provides the City with proof of commercial general liability insurance coverage on "an occurrence basis" having an inclusive limit of not less than two million dollars ($2 million), together with an endorsement confirming that the policy: (a) includes the City as an additional named insured, (b) contains a cross-liability clause, (c) contains tenants legal liability coverage, and (d) requires the insurer to give the City 30 days advance written notice of any material change to or cancellation of the policy; and (B) at the conclusion of the aforesaid six-month period, the Canada Games Aquatic Centre provides the Commissioner of Community Services with a report on the programs offered, record of participation and revenues received; (3) during the license period the use of alcohol during scheduled activities or otherwise bringing alcohol on the premises will be prohibited unless specifically approved by Common Council and the Minister of Education; and (4) staff be authorized to continue to discuss with Saint John Childcare Ltd. options to establish an after-school childcare program at other City facilities. Question being taken, the motion was carried. 15. Re Tender For Contract 2000-21 Consideration was given to a report from the City Manager commenting further to his report at the last meeting on the tender for Contract 2000-21, Major's Brook pumping station, in that, although staff recognizes that the unit price shown by Fairville Construction Ltd. for item 1 (i) was clearly a mistake and understands the explanation offered by Fairville, staff also appreciates the advice provided by the City Solicitor that the correction of Fairville's error, in accordance with the policy interpretation provided by the City Solicitor, led to Fairville Construction Ltd. having the highest bid ($215,860) instead of the lowest bid ($149,260); expressing the opinion that G.N. LeBlanc Construction Ltee. has the necessary expertise and resources to perform the work; and recommending the award of the tender for Contract 2000-21, Major's Brook pumping station, to G.N. LeBlanc Construction Ltee. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2000-21, Major's Brook sewage pumping station, be awarded to the low tenderer, G.N. LeBlanc Construction Ltee, at the tendered price of $153,000, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Chase spoke in favour of awarding the tender to Fairville Construction Ltd., recognizing that an error on its part was made in its tender submission and its intention was a final bid amount of $149,260. The Mayor noted that, at the last meeting, the City Manager recommended the award of the tender to Fairville Construction Ltd., and that correspondence on the December 11, 2000 Council agenda from Fairville and its solicitors indicated that an error had been made in its tender submission. (Deputy Mayor Chase withdrew from the meeting.) On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the City Solicitor's report in the above regard, under item 24 on the agenda of this meeting, be brought forward for consideration at this time. Question being taken, the motion was carried. 24. Re Contract 2000-21 Major's Brook PumpinQ Station Consideration was given to a report from the City Solicitor regarding Contract 2000-21, Major's Brook pumping station, which at his suggestion was referred to him by Council at the last meeting to provide an opportunity to consider whether the City Manager's recommendation was in accordance with the City's Procurement Policies in that Fairville Construction Ltd. had submitted its tender which, upon examination by 88-287 COMMON COUNCIL DECEMBER 18, 2000 City officials, revealed an error in addition and, when all items were added, the result was greater than the overall total entered by the Company - by the difference between $74,000 and $7,400, with Fairville contending that a clerical mistake resulted in $74,000 being stated when it should have been $7,400 and requesting that its bid stand at the lower amount. The report cites sections of the Tendering Procedures dealing with such a situation, as well as provisions dealing with withdrawal of tenders and correction or withdrawal of tenders after tender opening, the City Solicitor's opinion being that Fairville's request to decline making that correction in addition cannot be granted, and also cites provisions dealing with correction or withdrawal of tenders after tender opening, the City Solicitor's opinion being that any correction under these provisions would need be one that would result not in the corrected bid being successful but just the opposite; and concludes with his view that the agreement between the City and its tenderers prohibits the City from granting Fairville's request and, unless one or both of the other tenderers is disqualified, Council must decide as between those two tenderers who will be awarded this contract. Councillor Desmond, in suggesting that Council could change its own policy, advised that he would vote against the recommendation. In response to Councillor Titus' suggestion, in noting that the tendered amount exceeded the engineer's estimate for the work, that all the tenders could be rejected and the project retendered, Mr. Totten explained why this would cause staff some difficulty. The Mayor expressed concern, in view of past experience, about having a major project carried out by a company, which has not previously done work for the City. Question being taken, the original motion was carried with the Mayor and Councillors Chase and Desmond voting "nay". 24. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Solicitor regarding Contract 2000-21, Major's Brook pumping station, be received and filed. Question being taken, the motion was carried. 16. Tender For Contract 2000-22 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2000-22, Pipeline Road West watermain relocation, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $115,878, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 17.2001 Establishment Of Permanent Positions Consideration was given to a report from the City Manager submitting a detailed listing of the permanent positions reflecting a number of title changes, additions and deletions within the permanent employee complement which were all incorporated into the departmental budget submissions presented to Council as part of the 2001 budget process and for which, as such, the financial impact has been reflected in the 2001 approved budget; summarizing the proposed changes to the Establishment for 2001 as follows: (1) in Corporate Services, delete one PSC Operator (Local 486 - Group 4) and add one PSC Supervisor (Local 486 - Group 7); (2) in Municipal Operations, add a position of Project Engineer (Mgmt. - grouping to be determined in accordance with salary administration policy), add a position of Engineering Services Technician 5 (Local 486 - Group 5), delete a Weighman position (Local 18 - Group IV) and add a Dispatcher/Duty Person (Local 18 - Group V), change the title of Municipal Services Coordinator 7 to Engineering Services Technician 7, and change the title of Traffic Services Technician to Engineering 7 to Engineering Services Technician 7; indicating 88-288 COMMON COUNCIL DECEMBER 18, 2000 the distribution of the permanent positions within the City's Establishment, and recommending approval of the proposed 2001 Establishment as shown on the submitted listing. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the 2001 Establishment of Permanent Positions, as shown in the submitted listing, be approved. Question being taken, the motion was carried with Councillor Desmond voting "nay". 18. Aitken Bicentennial Exhibition Centre (ABEC) - City Of Saint John Gallerv On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the report from the City Manager advising that, subsequent to the media release issued by the Aitken Bicentennial Exhibition Centre (ABEC) Board stating that ABEC would be closed for three months beginning in January 2001, staff met with David Case, Chairman of the ABEC Board, to discuss keeping the City of Saint John Gallery open to the public during the months of January, February and March 2001 and Mr. Case has agreed that ABEC will cooperate fully in this regard; and also advising that, in the next few weeks, arrangements will be made with ABEC to keep the City Gallery's exhibitions on display under the continuing supervision of the City's Cultural Affairs Officer, Bernard Cormier, with additional staff support to be provided to the Gallery from existing staff levels of Recreation and Parks, and every effort will be made to maintain the regular visiting hours to the City Gallery while recognizing that certain conditions may require these hours to be modified, the intention being to keep the space accessible to visitors while ABEC officials deem their plan of action in addressing the 2001 reduced funding, be received and filed. (Councillor Vincent withdrew from the meeting.). Question being taken, the motion was carried. 19. Street Name Change - Old Poverty Hill Road To Carowav Lane On motion of Councillor Titus Seconded by Councillor White RESOLVED that the report from the City Manager advising of staff's receipt of a request from Howard and Sharleen Gould, property owners at 19 Old Poverty Hill Road, to have the Road renamed Caroway Lane and who, along with staff, have contacted all affected property owners who have houses built adjacent to this street for support in the name change and they have indicated their support; also advising that Mr. Gould's father, who lives and owns vacant property in the immediate area, supports the street name change; and recommending that Common Council amend the list of Official Street Names by: (a) deleting Old Poverty Hill Lane Road, and (b) adding Caroway Lane, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 20. Come Home 2000 Millennium Project On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager submitting a brochure designed and printed for distribution at the Visitor Information Centres and as a keepsake for sponsors involved in the Come Home 2000 88-289 COMMON COUNCIL DECEMBER 18, 2000 Millennium Project; and providing a summary of this Project, identifying the partners and providing highlights of activities related to this initiative, be received and filed. (Councillor Titus withdrew from them meeting.) Question being taken, the motion was carried. 21. Sale Of Portion Of Former Fire Lane Between Broadwav And Holland Streets Read a report from the City Manager advising that Sherebrooke Investments Limited, the owners of Halifax Seed, want to expand their building located at 662 Rothesay Avenue and, as the proposed expansion would be over a portion of the former fire lane between Holland and Broadway Streets, has requested the purchase of the balance of the former fire lane which bisects land owned by Halifax Seed and abuts land owned by Sterling Apples and Michael Defazio; also advising that, due to an encroachment by Michael Defazio, staff limited negotiations to the sale of that portion of the fire lane between the Halifax Seed properties, as indicated on the submitted plan; further advising the results of the negotiations in this regard, and setting out a recommendation for Council's consideration. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City of Saint John subdivide and sell a 180:t m2 portion of NBGIC Number 55118251 as generally shown on the submitted plan, being a portion of a former fire lane between Broadway and Holland Streets, to Sherebrooke Investments Limited for the price of $5,000 (plus HST, if applicable), provided Sherebrooke Investments Limited prepares and pays for the plan of subdivision required to facilitate the sale, and the Mayor and Common Clerk be authorized to execute the deed. (Councillor Titus re-entered the meeting.) Question being taken, the motion was carried. 22. Municipal Plan & Millidgeville Secondary Plan Amendments Re 554 Woodward Avenue Consideration was given to a report from the City Manager submitting a preliminary design illustrating approximately 84 new residential lots on which staff has been working with the developer of Cedar Point Estates Subdivision at 554 Woodward Avenue during which time staff advised the developer that the Municipal Development Plan and Millidgeville Secondary Plan both support the provision of public access along the Saint John River and land has been provided for this in the earlier phases of Cedar Point Estates and, notwithstanding, the developer is hopeful that the City will permit the creation of new lots directly abutting the Saint John River without providing for any public access and, in this regard, the submitted letter requests that the City consider undertaking the necessary changes to the Plan. The report also advises that the developer has also approached Real Estate and Facility Management and a private landowner in regard to acquiring certain lands in the subject area (as shown on the submitted plan as Parcels Nos. 1 and 2 and David Buckle) and consideration of the requested Plan amendments will not affect these land negotiations, which are expected to be considered by Council at a later date and, should Council wish to consider the requested Plan amendments, careful consideration will also need to be undertaken by staff and public comments sought, with a more thorough report to be provided to Council, and also that consideration will need to be given regarding the existing land for public purposes dedication already acquired along the shoreline south of the development area and the Plan support for public open space access to the north and northeast overlooking the Saint John River; and recommending that this amendment to the Plan be considered in order to provide the opportunity to have this Plan provision reexamined in light of the submitted proposal. 88-290 COMMON COUNCIL DECEMBER 18, 2000 On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a proposed amendment to the Municipal Development Plan and the Millidgeville Secondary Plan be considered in order to allow the submitted subdivision proposal for 554 Woodward Avenue, or a very similar proposal, with lots directly abutting the Saint John River without providing any public access along the shoreline, and the necessary advertisements be undertaken. Councillor Titus advised that, as he saw no benefit to the City to advance the above proposal and it would cost the City money to do so, he would not support the motion. Question being taken, the motion was carried with Councillor Titus voting "nay". *22A. Committee Of The Whole Report To the Common Council of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, December 18, 2000, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the Nominating Committee, N. Andrew Britton be re-appointed to the Saint John Transit Commission for a term to expire August 1, 2003. 2. That as recommended by the Nominating Committee, Mary Linn Stephenson be appointed to the Aquatic Centre Commission for a term of three years effective January 1, 2001. 3. That as recommended by the Nominating Committee, Michael Bradley be re-appointed to the Fort LaTour Development Authority for a term of three years effective January 1, 2001. 4. That as recommended by the Nominating Committee, Starr Dashwood, Nicholas Barfoot, Douglas Spinney, David O'Brien and M. Eileen Travis be re-appointed to the Board of Commissioners of the Saint John Free Public Library for a term of three years effective January 1, 2001. 5. That as recommended by the Nominating Committee, Gordon A. Thorne and Rick Reynolds be re-appointed to the Board of Trustees of Lord Beaverbrook Rink At Saint John, Inc. for a term of three years effective January 1, 2001. 6. That as recommended by the Nominating Committee, Mike Brown and Shelley G. Courser be re-appointed, and C. Dwight Allaby be appointed, to the Saint John Parking Commission for a term of three years effective January 1, 2001. 7. That as recommended by the Nominating Committee, Brian J. Cunningham and Philip Hovey be re-appointed, and Stephen F. Horgan be appointed, to the Planning Advisory Committee for a term of three years effective January 1, 2001. 8. That as recommended by the Nominating Committee, Gaye Kapkin be re- appointed, and Ken Pellion be appointed, to the Preservation Review Board for a term of three years effective January 1, 2001. 9. That as recommended by the Nominating Committee, Dorothy Dawson, Douglas S. Trentowsky, Chris Smith, Deborah MacDonald, and Holly Haines be re- appointed to the Rockwood Park Advisory Board for a one-year term effective January 4, 2001. 88-291 COMMON COUNCIL DECEMBER 18, 2000 December 18, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22A.1. Transit Commission Appointment On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 22A.2. Aquatic Centre Commission Appointment On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 22A.3. Fort LaTour Development Authoritv Appointment On motion of Councillor Titus Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 22A.4. Librarv Board Appointments On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 22A.5. Lord Beaverbrook Rink Appointments On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 22A.6. ParkinQ Commission Appointments On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 88-292 COMMON COUNCIL DECEMBER 18, 2000 22A.7. PlanninQ Advisorv Committee Appointments On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 22A.8. Preservation Review Board Appointments On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. 22A.9. Rockwood Park Advisorv Board Appointments On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. 23. Re Fundy Region Solid Waste Commission Expenditures In Host Community Read a report from the City Solicitor in response to correspondence from Horst Sauerteig referred to him by Council suggesting that the Fundy Region Solid Waste Commission has improperly expended funds on items such as the replacement of a septic system at the Brown's Flat Community Centre, the erection of Westfield Neighbourhood Watch signs, the provision of equipment for the First Ketepec Scouts Troop, building improvements to the KBM Hall, basement improvements to the Martinon Community Centre, and a theatre seating upgrade at the River Valley Middle School, these expenditures having been identified in the submitted excerpt of the Commission's Financial Statement for the year ended December 31, 1999; and identifying the nature and extent of the Commission's authority, and explaining why, in his opinion, the Commission has no authority to make the expenditures in question nor, that being the case, could the Commission have legitimately provided funds to the Fundy Future Environment and Benefits Council for the latter's expenditure for those purposes and, in his view, until the Commission is conferred the necessary authority, it should neither approve a budget which provides for expenditures off-site similar to those in question, nor make such expenditures if the budget has already been adopted. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that a letter be forwarded to the Fundy Region Solid Waste Commission advising that the legal opinion received by Council from the City Solicitor is that the Commission has no authority to make the expenditures in the host community in question and requesting the Commission to advise Council under what authorization it believes it has acted. The initial motion proposed was to forward a copy of the City Solicitor's report to the Commission and to advise the Commission that the City Solicitor had been asked to look into this and did not know where the Commission got the authority for this expenditure of funds; and, at Councillor Titus' suggestion, the motion was changed to that above with the consent of the mover and seconder. The boundaries of the host community were questioned and the Mayor suggested that the Commission, upon receipt of the letter, might make a presentation to Council in this regard. Councillor Chase, Council's representative on the Commission, advised that, in casting his vote in 88-293 COMMON COUNCIL DECEMBER 18, 2000 support of these funds, he did so on the basis that the Commission had legitimate authority to do so based on the Commission's legal advice; however, he would defer to the City Solicitor's opinion and not make any motion or cast support for the expenditure of funds offsite and also encourage the Commission to have this resolved; however, if Council agreed with off-site expenditures, he would encourage the Commission to have legitimate authority put in place to do so. Councillor Chase read from a letter, which he advised was written to Horst Sauerteig by the Minister of the Environment, advising of the Department's input into the development of the Fundy Future Environment and Benefits Council and the inclusion of the Department when the Commission decided to expand the Council's mandate, as well as the Minister's confidence that, on the issue of environmental improvements to the host community, the Commission's agreement with the Fundy Future Environment and Benefits Council followed the spirit of the EIA determination. Mr. Nugent made the observation that, as indicated in the above report, he recognized the Department of Environment's involvement in the process and its approval of the arrangement in place, although he was unable, in his review of the means by which authority could be conferred to the Commission, to find authority for the Commission to do as it has chosen to do; and suggested that, as the Clean Environment Act gives very broad opportunity for the Lieutenant Governor in Council to confer authority upon a solid waste commission, the simplest means of addressing this issue would probably be through Cabinet and, as a result, in addition to sending a letter to the Commission to also send a copy to the Minister. In response to the Mayor's query as to whether or not the mover and seconder of the motion would agree to add to the motion to send a letter to the Department of the Environment, Councillor Desmond indicated in the negative. Question being taken, the motion was carried. 25. 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, December 11, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites and Vincent, and your Committee submits the following recommendations, namely: 1. That subject to s. 2(3) of An Act Respecting The Saint John Firefighters Association (Firefighters Act), the City of Saint John will pay to the dependents of Omer J. Guimond the difference between their pension entitlement pursuant to the terms of the City's Pension Act and their pension entitlement pursuant to the terms of s. 2(3) of the Firefighters Act, such payments to be conditional upon the City being provided with proof that Mr. Guimond's death occurred as a result of a condition identified in s. 1 of the Firefighters Act. 2. That as recommended by the City Manager, Common Council approve a one-time payment of up to $45,000 to Festival by the Sea, with funds to be drawn from monies set aside for Special Events in the 2000 Operating Budget. 3. That as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 493 :t m2 portion of NBGIC Number 307892 at 569 Rothesay Avenue (as generally shown on the submitted plan), from Ultramar Ltd. for the price of $7,900 (plus HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project; and, as part of the transaction, the City of Saint John will: (1) prepare any plan required for conveyance purposes; (2) pay to a maximum of $300 the legal costs incurred by Ultramar Ltd. to facilitate this transaction; (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction including the relocation of hydro poles and related street signage. 88-294 COMMON COUNCIL DECEMBER 18, 2000 December 18, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25.1. Pension Entitlement On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 25.2. Festival Bv The Sea - One-Time Payment On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 25.3. Acquisition Of Property 569 Rothesav Avenue On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 26. Planning Advisory Committee Street VestinQ 3542 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted plan that would vest a portion of land along the frontage of the property at 3542 Loch Lomond Road, having an approximate area of 420 square meters (4,521 square feet), as part of the Loch Lomond Road public street right-of-way. Question being taken, the motion was carried. 27. Planning Advisory Committee - Subdivision Assent Street WideninQ Purposes 569 Rothesav Avenue On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 493-square-metre portion of the Ultramar Ltd. property, located at 569 Rothesay Avenue (NBGIC Number 307892), as generally illustrated on the submitted plan entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John County, New Brunswick." Question being taken, the motion was carried. 88-295 COMMON COUNCIL DECEMBER 18, 2000 28. Planning Advisory Committee - Subdivision Assent Street WideninQ Purposes, 584 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 81-square-metre portion of the Rowland and Marjorie Daye property, located at 584 Rothesay Avenue (NBGIC Number 5523152), as generally illustrated on the submitted plan entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John County, New Brunswick." Question being taken, the motion was carried. 29. Planning Advisory Committee - Subdivision Assent Street WideninQ Purposes, 597 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 28-square-metre portion of the Earlen Getchell et ux property, located at 597 Rothesay Avenue (NBGIC Number 298166), as generally illustrated on the submitted plan entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John County, New Brunswick." Question being taken, the motion was carried. 30. Arthur J. Melanson - Identification Of City On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from Arthur J. Melanson noting the tourists from the cruise ships who visited the City during the summer of 2000, and suggesting that concessions privileged to operate on City streets should be requested or required to have courtesy ads posted on their stands providing information on the City as indicated herein, be referred to the City Manager. Question being taken, the motion was carried. 31. James Tippett - Re-ZoninQ Of 1159 Westfield Road On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of James Tippett for the re-zoning of property located at 1159 Westfield Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 22,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 33. Aitken Bicentennial Exhibition Centre Chairman's Statement At Press Conference On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from A. David Case, Chairman of the Aitken Bicentennial Exhibition Centre (ABEC) submitting, for Council's information, a copy of his statement, as Chairman of the Centre, at a press 88-296 COMMON COUNCIL DECEMBER 18, 2000 conference held on Monday, December 11, 2000 as a result of the recent cuts made to ABEC's 2001 budget; and advising that he would welcome an opportunity to appear before Council to discuss ABEC's current operations and to answer any questions Council may have concerning the actions taken, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Common Council would be held on Tuesday, January 2,2001, at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk